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Walter Scott shooting: jury deadlocked in former officer's murder trial Walter Scott shooting: jury deadlocked in former officer's murder trial Walter Scott shooting: jury deadlocked in former officer's murder trial
(about 2 hours later)
The jury in the trial of former police officer Michael Slager, who shot and killed unarmed African American Walter Scott as he ran away, has indicated it cannot reach a unanimous decision, throwing a cloud of uncertainty over the case.The jury in the trial of former police officer Michael Slager, who shot and killed unarmed African American Walter Scott as he ran away, has indicated it cannot reach a unanimous decision, throwing a cloud of uncertainty over the case.
The monthlong trial heard closing arguments on Wednesday, leaving jurors to decide whether to convict Slager, 35, on charges of murder or manslaughter.The monthlong trial heard closing arguments on Wednesday, leaving jurors to decide whether to convict Slager, 35, on charges of murder or manslaughter.
On Friday, after over 14 hours of deliberations, the jury’s foreman indicated in a note to South Carolina judge Clifton Newman that they would not be able to reach a unanimous decision.On Friday, after over 14 hours of deliberations, the jury’s foreman indicated in a note to South Carolina judge Clifton Newman that they would not be able to reach a unanimous decision.
“It is clear that jurors will not be able to come to consensus,” the note read.“It is clear that jurors will not be able to come to consensus,” the note read.
In response, Judge Newman called the jury back into the court room and urged them, under a so-called Allen charge, to continue deliberations and push for a decision. The jury then returned a second time in the afternoon indicating it was still at deadlock, with a unanimous decision hinging on just one juror who believed Slager was not guilty.
“It isn’t always easy for two people to agree so when 12 people must agree it must be more difficult,” Newman said. During tense scenes in the courtroom, a note from that single juror was read aloud by Newman. “Judge, I understand the position of the court, but I cannot with good conscience consider a guilty verdict,” the juror wrote. “I expect those who hold opposing views not to change their minds because they are good honest people.”
Under South Carolina law a jury cannot be sent out to deliberate again after it has returned for a second time with no verdict, unless it requests “further explanation of the law”.
The jury’s foreperson made that request to judge Newman who called a recess to consider the application. Slager’s defense team have moved for a mistrial, while the state prosecution urged the judge to provide the jury with the explanation it requested.
The request likely relates to an earlier application on Thursday made by the jury requesting clarification on the legal distinction between “fear” and “passion”, the potential difference between a claim of justifiable self-defense, which Slager’s legal team have argued throughout, and a manslaughter conviction, which would find that Slager unlawfully killed Scott in the heat of passion.
But Newman declined to provide the jury guidance, telling them on Friday morning that it was “solely for you” to decide.
In response to the first declaration of deadlock, Newman called the jury back into the court room and urged them, under a so-called Allen charge, to continue deliberations and push for a decision.
After the jury returned for the first time, Newman urged them to come to a unanimous decision. “It isn’t always easy for two people to agree so when 12 people must agree it must be more difficult,” he said.
“You have a duty to make every reasonable effort to reach a unanimous verdict,” the judge said. “Discuss your differences with an open mind.”“You have a duty to make every reasonable effort to reach a unanimous verdict,” the judge said. “Discuss your differences with an open mind.”
Newman warned that a split decision would result in a mistrial meaning that “at some other time I will try this case with some other jury where you now sit … we will go through this whole process again”.Newman warned that a split decision would result in a mistrial meaning that “at some other time I will try this case with some other jury where you now sit … we will go through this whole process again”.
On Thursday the jury requested clarification on the legal distinction between “fear” and “passion”, the potential difference between a claim of justifiable self-defense, which Slager’s legal team have argued throughout, and a manslaughter conviction, which would find that Slager unlawfully killed Scott in the heat of passion.
But Newman declined to provide the jury guidance, telling them on Friday morning that it was “solely for you” to decide.
On Wednesday, Newman allowed the jury to consider the lesser charge of voluntary manslaughter, meaning an unlawful killing that occurred without “malice” but rather in the heat of passion after provocation. Slager had originally been charged with murder.On Wednesday, Newman allowed the jury to consider the lesser charge of voluntary manslaughter, meaning an unlawful killing that occurred without “malice” but rather in the heat of passion after provocation. Slager had originally been charged with murder.
The jury’s request has been interpreted by some that they are deciding whether to convict Slager for manslaughter or to acquit him.
But it remains unclear precisely how the jury has split numerically and on what grounds.
Slager shot Scott, 50, five times from behind after pursuing the father of four when he fled a traffic stop in South Carolina in April 2015. Video filmed by a witness showed Scott was running away with his back turned when Slager, then an officer with the North Charleston police department, opened fire.Slager shot Scott, 50, five times from behind after pursuing the father of four when he fled a traffic stop in South Carolina in April 2015. Video filmed by a witness showed Scott was running away with his back turned when Slager, then an officer with the North Charleston police department, opened fire.