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| Walter Scott shooting: jury deadlocked in former officer's murder trial | |
| (35 minutes 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, is at deadlock, throwing a cloud of uncertainty over the case and leading to dramatic scenes in court as prosecutors pushed to keep the case alive. | |
| The monthlong trial heard closing arguments on Wednesday, leaving jurors to decide whether to convict Slager, 35, on charges of murder or manslaughter. That decision now appears to sit in the hands of a single juror who has indicated they are not willing to return a guilty verdict. | |
| 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. |
| The jury then returned a second time in the afternoon indicating it was still deadlocked, with a unanimous decision hinging on just one juror. | |
| 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.” | 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.” |
| In a subsequent note sent by the foreperson, it was stated that the juror wanted “to leave” as they were “having issues”. | |
| 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”. | 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 Newman. 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. | |
| After a brief recess, Newman indicated he would not declare a mistrial and requested a note from the jury asking precisely what explanation of the law was required. | |
| “At this stage of things, with the jury indicating a willingness and interest ... it would be improper for the court to declare a mistrial,” Newman said. | |
| The jury’s request for explanation 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. | |
| Newman had 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. | 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. |
| “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 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. |
| Voluntary manslaughter carries a sentence of two to 30 years in prison, while a murder sentence carries 30 years to life in prison. | |
| 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. |
| The release of the footage capturing the moment Scott was shot propelled the case into the global spotlight and was cited by advocates as among the clearest evidence of the fatal consequences of racially biased policing in the US. | |
| Slager has also been indicted on federal charges of violating Scott’s civil rights, which also carries a maximum sentence of life. |