In a 45-minute exclusive interview with The Cortez Journal, one juror, speaking on the condition of anonymity, relayed the sentiment this week, saying there was no physical evidence presented at trial that connected the suspect, Shane French, to the alleged crimes. Charged with multiple counts of assault against peace officers and resisting arrest, French was acquitted after a six-day trial on Monday, Dec. 8.
“We were disappointed in the trail of evidence,” the juror said. “There was reasonable doubt.”
When deliberations started on Friday, Dec. 5, the juror said initial opinions varied among the panel of seven women and five men selected to decide the case. Their first hurdle to overcome was determining if police lawfully entered the North Texas Street home on Feb. 14, 2014, the night of the arrest.
“We were divided,” said the juror.
The most important aspect of the evidence was sifting through the four pages of jury instructions regarding the state’s Make My Day law, which enables a person to use force in the defense of self, others or a dwelling.
“It was a lengthy and protracted discussion,” said the juror.
Jurors subsequently weighed the Make My Day claim from the defendant’s perspective. Evidence revealed that French was suffering a mental breakdown when officers arrived in response to an emergency 911 call made by his mother.
“We thought he reacted to protect his family,” explained the juror.
The officer’s injury
In regard to the officer’s injury, the juror again reiterated there was no physical evidence linking the knife to either the suspect or the injury. The juror added there was reasonable doubt regarding how the officer sustained a small cut on his abdomen.
“None of the witnesses ever saw the knife,” said the juror. “There was no blood on the knife.”
Asked if jurors felt that police used excessive force when arresting French, there was little confusion during deliberations, said the juror, who added that the acquittal was not based on sympathy for French.
“We didn’t let Shane off because of the excessive force,” said the juror.
‘Fruit of the poisonous tree’
Jurors also opted not to convict French of resisting arrest because of the legal metaphor of “fruit of the poisonous tree.” Because the officers’ entry (the “tree”) was tainted, the resisting-arrest charges (the “fruit”) from it were also tainted.
“Mr. French shouldn’t have been arrested,” said the juror.
The police video
In regard to a 10-minute police lapel video of the arrest played in open court, the jury was disappointed in its quality, and the video was not heavily considered. Captured at night, the video doesn’t reveal much visually. The audio from the video was also muffled.
“All of the jury would have liked to have seen and heard a better-quality video,” said the juror.
At the close of the video, however, it’s easy to distinguish the officer stating that he should have shot the defendant at the scene. The juror said he was able to relate to the comment, saying the officer was obviously upset over the experience.
“I can understand why he said that,” said the juror.
French’s record suppressed
Despite repeated prosecution request during the trial to submit French’s court record into evidence, jurors were not privy to the information.
According to court records, the suspect’s record goes back 20 years, and includes misdemeanor and felony arrests. Previous convictions include menacing, drug possession, carrying a concealed weapon, assault with a deadly weapon and obstructing a peace officer.
“His criminal history may have changed some people’s minds, but all we had to look at was what was presented,” said the juror.
What’s ahead?
Looking forward as a member of the community, the police department needs to review its policies, the juror said.
Police admitted at trial that they violated policy after Tazing the suspect seven times within a matter of minutes. The juror said that officers needed to be better trained on the use of stun guns, and suggested better communication between dispatchers and police was needed.
The juror said that the 911 call simply requested assistance for a family disturbance, and police were warned with a “10-Zero” call, meaning that they should use caution when dealing with the suspect.
“I think the 10-Zero call was detrimental to the whole situation,” said the juror.
tbaker@cortezjournal.com