Quote:
Originally Posted by Harold Reynolds
What's the probability this cop walks? Greater than 75%?
Harold:
I think it's more like 50-50 - it could go either way.
The outcome is going to depend on two things: (1.) The composition of the jury, and (2.) Whether we have seen
all of the videotape.
Everybody has seen the images of the cop pulling his gun and firing (five times) into the back of the fleeing suspect. Judged from that perspective, it looks like an open and shut case - the cop is guilty. What we haven't seen is what was occurring in the moments immediately preceding that sequence of events. All we see is the officer drawing his gun and firing. There definitely was "something" going on prior to the commencement of the shooting. Officers don't routinely pull someone over for a "traffic violation," draw their gun (unprovoked) and start shooting. So the disposition of this case will boil down to exactly what was going on prior to the commencement of the shooting? Will the officer's attorney be able to present a convincing argument (or a believable argument) that his client did have a reasonable fear for his own life?
This is a criminal case which will require a unanimous jury verdict. All it will take for the officer to get an acquittal is just one juror believing the officer's story. A really good attorney can create just enough "reasonable doubt" to cause one juror to balk. Famed criminal defense attorney F. Lee Bailey has maintained throughout his career that the results of a trial depend on whether or not one gets a "good" jury. (That was certainly the case for O.J. Simpson.)
Make no doubt about it, this is a racially charged case. If the officer manages to wind up with a jury of twelve of his peers who are as lily white as he is, his chances of acquittal are probably increased. OTOH, if he faces a jury of twelve African-Americans, he should probably start praying for his own life ... A jury split right down the middle - six whites and six African-Americans - could go either way. Also, additional information about both the officer and the victim - which is sure to come out - could have a decisive impact on the eventual outcome. Right now we just don't know all the facts. This case is not even a week old.