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Former St. Louis officer Jason Stockley found not guilty in murder case

birddog

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#1
Its gonna get interesting in St. Louis this weekend.

http://fox2now.com/2017/09/15/forme...son-stockley-found-not-guilty-in-murder-case/

The Judge’s Options:

In July, Judge Wilson granted Jason Stockley’s request for waiver of a jury trial. Therefore, the judge became the finder of fact in this matter, and he made the decision on whether or not Jason Stockley violated Missouri law when he shot and killed Anthony Lamar Smith. Under Missouri law, the judge could have considered finding Stockley guilty of Murder in the First Degree as charged or lessor crimes such as Murder in the Second Degree or Voluntary Manslaughter.

Overcoming the Self-Defense Burden:

Overcoming the burden of self-defense of a police officer is a challenging task. Missouri laws of self-defense and defense of others are most pertinent to this particular set of facts and circumstances. Missouri law requires that prosecutors prove beyond a reasonable doubt that Stockley was NOT acting in self-defense or the defense of others when he killed Smith. The self-defense claim applies to both citizens and police officers.

In addition, state law allows police officers to act based on their perceptions of danger (a reasonable person’s perception). Prosecutors also reviewed whether or not the officers had the ability to use deadly force in making an arrest. Under Missouri law, police officers may use deadly force only to make an arrest when they reasonably believe both that deadly force is necessary to make the arrest and when they also reasonably believe that the person being arrested may endanger life or risk inflicting serious physical injury unless arrested without delay.

The Evidence Prosecutors Presented at Trial:

The fact that Anthony Smith was shot and killed by Stockley is not in dispute. What prosecutors worked to do was present evidence in court that they believe proved Stockley violated Missouri law when he shot Smith and then planted a gun in Smith’s car to justify the killing.”

Stockley fatally shot 24-year-old Anthony Lamar Smith in December 2011 after a three-mile police chase through city streets. The incident started as a police stop following a reported drug sale. Surveillance video showed officers block Smith in, who then backed his vehicle into a police car as the officers approached. Stockley ran after the suspect’s car, firing seven shots with his service pistol.

More information from the Circuit Attorney’s office:

Cool Reflection/Deliberation

Prosecutors charged Stockley with Murder in the First Degree, which requires the State of Missouri to prove that a defendant knowingly caused the death of another person after deliberation upon the matter. Deliberation means cool reflection for any length of time no matter how brief.. Evidence of deliberation was presented at trial through Stockley’s own statement. At 12:41:30 in the dash camera video, Stockley tells Bianchi “We’re killing this mother****, don’t you know.” Forty-five seconds later, he fatally shot Smith.

Stockley’s Statements Not Corroborated by Other Evidence

Prosecutors believe Stockley’s claim that Smith had a gun and was reaching for it at the time of the shooting was not corroborated by any of the videos or scientific evidence, nor by the actions and reactions of his partner. Prosecutors presented at trial that the actions of his partner were in stark contradiction to Stockley’s own words and claims of self-defense.

Prosecutors concluded that the credibility and reasonableness of Stockley’s actions be judged through the simultaneous actions of his partner Officer Bianchi. Bianchi never fired his weapon. Bianci holstered his weapon while standing by the driver’s side of Smith’s car at the fast food restaurant where Stockley claims Bianchi yelled gun. Bianchi approached Smith’s car after the crash without his weapon drawn.

Stockley’s testimony about seeing Smith with a gun in his right hand pointed at him while in the parking lot of the fast food restaurant is refuted by the physical evidence. Smith’s Buick had a gear shift that had to be operated with the right hand. A button on the back of the gear shift had to be held to shift gears. In order to drive the car forward out of the parking lot after reversing, Smith would have had to have held the gear shift with his right hand and steering wheel with his left hand. As Smith quickly accelerated, there would not have been time for him to then grab a firearm and point it at Stockley.

Stockley’s DNA profile was on every weapon he touched. Anthony Smith’s DNA was not on any weapon.



The prosecution called 17 witnesses during the five-day trial. Stockley testified at his own trial and the defense presented only one other witness..

In dash cam video obtained by Fox 2 News, you can see Stockley exit the patrol car with his personal AK-47 style rifle. It’s a violation of St. Louis police policy to carry a personal weapon.

Stockley was questioned why he had his personal rifle with him during the trial. He said he didn’t fire it that day, but carried it knowing he was violating department policy because he thought his life and the lives of his fellow officers depended on it.

In May 2016, the St. Louis Circuit Attorney’s Office charged Stockley with first-degree murder and armed criminal action.

The St. Louis Metropolitan Police Department first requested the U.S. Attorney’s Office review the case in 2012. Evidence was gathered, but no charges were filed. In March 2016, SLMPD Internal Affairs investigators contacted the Circuit Attorney’s Office to review the matter, with additional evidence developed through both the department and the FBI.

Closing arguments were heard August 9. At the time, the judge presiding over the case said he wouldn’t render a verdict until at least August 18.

Stockley, who was only one of two people to take the stand for the defense, said he was justified using deadly force because Smith’s car hit him. The former officer said he heard his partner yelling “gun” and then shattering Smith’s window before the pursuit.

During the subsequent pursuit, Stockley acknowledged under cross-examination that it sounded like he was “going to kill that (expletive).” Stockley said he didn’t remember saying it and could not explain why.

About 30 seconds later, Stockley testified that he ordered his partner to hit Smith’s car and end the pursuit because the suspect had just driven into oncoming traffic and threatened other people. The chase ended at W. Florissant and Acme avenues.

Stockley approached Smith’s car on the driver’s side and shot five times into the car, striking Smith with each shot. He died as a result of the gunshot wounds.

Stockley said he believed the suspect had reached his gun and the officer said he was in such fear for his life he was backing up while shooting him.

In closing remarks, Steele said it was obvious Stockley planted a weapon in Smith’s vehicle because the former officer’s DNA was on it.

Video shows Stockley appeared to have free reign of the scene and the suspect’s vehicle while as many as ten officers stood nearby. During a play by play of the video in court, two officers described seeing Stockley go into the suspect’s car four times. One officer acknowledged to the prosecutor he thought that was strange.

Meanwhile, defense attorney Neil Bruntrager argued the lack of evidence wasn’t evidence. Bruntrager said there was no visual evidence of Stockley with the gun prosecutors allege he planted.

The defense pointed to the dash cam video as proof Stockley’s life was in danger. Bruntrager said he was justified to use lethal force before the chase when the suspect’s car was a deadly weapon. He argued Stockley was also justified at the end of the pursuit when it took 15 seconds for him the fire and he fired after being startled and stepping back.
 

the_shootist

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#2
Yep! Headed out for more popcorn later this morning. I don't want to be caught short at a critical juncture! Chimpouts can be so unpredictable sometimes!
 
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birddog

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#3
I gotta go top off my tank and pick up some stuff. I'm out in the burbs, and hopefully, the crap will stay in the city. But my sister (on the city force) said that all the major highways and roads will probably get blocked.
 

birddog

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#4
My sister has front row seats - she is out front of STLPD headquarters. She just mentioned the Soro's folks just showed up.....
 

Goldhedge

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#5
In the 60's Mayor Richard J Daley gave an order to shoot to kill if I remember??

That would put a damper on getting paid $25 hour to riot....
 

birddog

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#6
Picture from today...

mark.jpg
 

michael59

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#7
@birddog: got a question here.

Here inside the bounds of Oregon if a judge renders a verdict it can be challenged and changed. If it is a jury trial the verdict cannot be challenged but only the particulars of the trial. My question to you is, is it the same way in Missouri?
 

the_shootist

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#8
Honestly, I'm disappointed. No real happening in STL last night other then a few feelings hurt. What's happening to the snowflakes and BLM crowd? Are they actually losing steam? Do I need to start selling all this ammo because I won't need it for the race wars now?

Darn it!!!
 

michael59

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#9
The above question was written yesterday evening and I failed to launch it till this morning but I did/do have a thought for the thread.

Does not intent follow the bullet? If intent does follow the bullet then why just because this cop is employed as a cop then why does his intent also not follow the bullet?
 

the_shootist

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#10
The above question was written yesterday evening and I failed to launch it till this morning but I did/do have a thought for the thread.

Does not intent follow the bullet? If intent does follow the bullet then why just because this cop is employed as a cop then why does his intent also not follow the bullet?
Not sure, let's ask the Somali cop that shot that Australian white chick in cold blood...he might know!
 

michael59

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#11
michael59 said:
The above question was written yesterday evening and I failed to launch it till this morning but I did/do have a thought for the thread.

Does not intent follow the bullet? If intent does follow the bullet then why just because this cop is employed as a cop then why does his intent also not follow the bullet?
Click to expand...
Not sure, let's ask the Somali cop that shot that Australian white chick in cold blood...he might know
He ain't talking yet....I know lets get the idiot who ruffed up the nurse he's talking.
 

searcher

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#12

glockngold

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#14
Stockley in reference to carrying his personal AK “I accept full responsibility for violating the rules. But it’s not a moral crime. It’s a rule violation.”

Now I usually have no problem with breaking immoral laws & regulations.
Course I don't have a job enforcing them on other people.
 

birddog

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#15
@birddog: got a question here.

Here inside the bounds of Oregon if a judge renders a verdict it can be challenged and changed. If it is a jury trial the verdict cannot be challenged but only the particulars of the trial. My question to you is, is it the same way in Missouri?
Can it be appealed? I'm not a lawyer and I have no idea. I know that police have the right to use deadly force and it is very subjective. The judge said that the prosecutor did not prove guilt. The guy had drug and firearm convictions and rammed the police car and sped off. Police are human too and adrenaline is a crazy thing.

Doesn't double jeopardy protect Stockley from having the verdict changed? Or does that just protect him from being charged again?
 

GOLDBRIX

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#16
The guy had drug and firearm convictions and rammed the police car and sped off. Police are human too and adrenaline is a crazy thing.
Plus the ramming and driving off could be seen as Attempted Murder.

There are some questionable actions in this incident but in the long run:

The Officer is as Innocent as O.J. Simpson.
 

GOLDBRIX

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#17
I gotta go top off my tank and pick up some stuff. I'm out in the burbs, and hopefully, the crap will stay in the city. But my sister (on the city force) said that all the major highways and roads will probably get blocked.
Thanks for the "Up Close and Personal" reports "bird."
 

GOLDBRIX

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#19
The Judge made a statement from the bench something to the effect - A heroin dealer with out a gun is an uncredible and unbelievable situation.

HERE it is: "...Wilson (Judge) said that based on his nearly 30 years on the bench, "an urban heroin dealer not in possession of a firearm would be an anomaly."
 
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birddog

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#20
Now they are terrorizing a suburban mall in West County. Hopefully, they stay peaceful.
 

Cigarlover

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#21
One of the things that stands out to me is how this heroine dealer had a gun but his prints weren't on it. Hard to imagine that he would be so careful carrying an illegal gun in the first place.
Then we have the cop saying he is going to kill the guy when he catches him.
Then we have a cop paid for by the state being judged by a person also being paid by the state. No jury trial. Its really not a surprise that he was found not guilty.
Question now is can he be sued for wrongful death, sort of like the OJ sham.
 

searcher

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#22
Heavy-handed police knock elderly lady to the ground during St. Louis protests then walk over her before handcuffing her
  • Police in St. Louis were caught on video trampling over a woman on Friday
  • Cops were responding to protests over the acquittal of ex-cop Jason Stockley
  • Ordered street cleared after protesters threw bottles at police officers
  • Riot police pushed past the woman and walked over her as they formed a line
  • Thirteen protesters were arrested and ten cops were injured in the protest


Read more: http://www.dailymail.co.uk/news/article-4890898/St-Louis-police-walk-woman-Stockley-protests.html#ixzz4sruC6UKa
Follow us: @MailOnline on Twitter | DailyMail on Facebook
 

GOLDBRIX

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#23
No jury trial. Its really not a surprise that he was found not guilty.
YOU - Being WHITE, Being a COP, Current LameStreamMedia Mood, PROGs manipulating "Useful Idiots"; Would you want a Jury Trial ?

The so-called "Demonstrations" have turned into "Riots" yet LSM still reports them as "Demonstrations".

YES, There COULD be manipulation going on on BOTH sides. IMO
 

the_shootist

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#24
Heavy-handed police knock elderly lady to the ground during St. Louis protests then walk over her before handcuffing her
  • Police in St. Louis were caught on video trampling over a woman on Friday
  • Cops were responding to protests over the acquittal of ex-cop Jason Stockley
  • Ordered street cleared after protesters threw bottles at police officers
  • Riot police pushed past the woman and walked over her as they formed a line
  • Thirteen protesters were arrested and ten cops were injured in the protest


Read more: http://www.dailymail.co.uk/news/article-4890898/St-Louis-police-walk-woman-Stockley-protests.html#ixzz4sruC6UKa
Follow us: @MailOnline on Twitter | DailyMail on Facebook
Maybe that poor 'elderly lady' should have used some common sense and stayed home and out of harms way knowing it may be a tad dangerous in the middle of a chimpout. Hell, even I had the common sense to stay away and I'm not elderly....yet!
 

birddog

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#27
It kinda sounds like the cop was unstable and possibly crossed a line somewhere. But, I know that the judges in St. Louis City tend to be liberal and usually side with the people and not the police. That makes me think, either there really wasn't enough evidence or the prosecution really sucked.
 

birddog

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#29
And... Looks like they are going to be around for a few days.

BLM.jpg
 

latemetal

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#30
It kinda sounds like the cop was unstable and possibly crossed a line somewhere. But, I know that the judges in St. Louis City tend to be liberal and usually side with the people and not the police. That makes me think, either there really wasn't enough evidence or the prosecution really sucked.
Prosecutors have been known to tank cases....
 

917601

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#31
One of the things that stands out to me is how this heroine dealer had a gun but his prints weren't on it. Hard to imagine that he would be so careful carrying an illegal gun in the first place.
Then we have the cop saying he is going to kill the guy when he catches him.
Then we have a cop paid for by the state being judged by a person also being paid by the state. No jury trial. Its really not a surprise that he was found not guilty.
Question now is can he be sued for wrongful death, sort of like the OJ sham.
Research the case. It is more than five years ago that the drug dealer was shot. The family was awarded $600,000 years ago. I really do not believe bringing an old case ( 5 years plus) to trial by some prosecuting attorney was a smart thing to do....are they not busy enough?
 

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#32
I'm glad he shot him.

But wtf with the AK?
 

917601

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#33
I'm glad he shot him.

But wtf with the AK?
He did not use his AK to shoot the drug dealer, he had it at the initial scene, then put it back in the squad car, after the high speed chase, he shot the dealer seven times with his handgun....the last shot purportedly at a few feet. The whole case stinks, is six years old, the family was paid generously, and today it becomes an issue. Agreed, everything stinky, but case was " closed" years ago.
 

Mujahideen

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#34
He did not use his AK to shoot the drug dealer, he had it at the initial scene, then put it back in the squad car, after the high speed chase, he shot the dealer seven times with his handgun....the last shot purportedly at a few feet. The whole case stinks, is six years old, the family was paid generously, and today it becomes an issue. Agreed, everything stinky, but case was " closed" years ago.
It's always the dumbest cases that black people riot over.
 

searcher

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#38
Stockley was a West Point grad, Army captain, wounded in Iraq and awarded the Bronze Star. Standout in the Police Academy.

Interesting character.
 

the_shootist

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#39
Eh...I disagree, more lost her balance. A smart person wouldn't have been standing there in front of a police riot squad as they are marching forward clearing the street. But that's just me.
There's a fine line between brave and stupid!
 

birddog

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#40
Last night, the protestors, mostly made up of Gays and Hippies were protesting in the Delmar Loop in St. Louis and shut down businesses owned 100% by Gays and Hippies.

Literally, can't make this shit up.

There was a lady interviewed on the local news that participated in the march...then returned to find all of her business windows smashed out.

Nope, can't make this shit up.