Top Charge Dismissed For Cop Who Killed 7-Year-Old Girl During Raid

Posted by | October 3, 2014 14:33 | Filed under: News Behaving Badly Politics Top Stories


In a surprise development on Friday, a judge dismissed the most serious charge against a Detroit police officer who fatally shot a 7-year-old girl during a raid. The trial was also halted in order to give prosecutors an opportunity to immediately appeal.

Wayne County Judge Cynthia Gray Hathaway’s  decision came after prosecutors finished presenting their case against Joseph Weekley, who mistakenly pulled the trigger and killed Aiyana Stanley-Jones during a chaotic search for a murder suspect in 2010.

Detroit Police Officer Joseph Weekley

CBS reports:

Defense attorney Steve Fishman said an involuntary manslaughter charge should be dismissed because prosecutors had failed to show that Weekley intentionally created a danger that caused Aiyana’s death.

“There is absolutely no evidence, none, that’s in the least bit credible,” Fishman argued.

Wayne County Judge Cynthia Gray Hathaway agreed.

“If I’m going to err, I’m going to err on the side of the defense,” she said in dismissing the manslaughter charge, a felony.

Weekley still is charged with reckless discharge of a firearm, a misdemeanor. It’s his second trial after a jury last year couldn’t reach a verdict.

Weekley, a member of an elite police unit, insists he accidentally pulled the trigger when Aiyana’s grandmother, Mertilla Jones, grabbed his gun as officers burst through the door of her home. Jones denied any interference.

The prosecutor’s office said it planned to appeal Hathaway’s decision. The trial on the lesser charge resumes Monday

Following Friday’s ruling, Mark Diaz, president of the Detroit Police Officers Association, released a statement saying they are “very pleased” with the judge’s decision and that they are “confident” Weekley will be exonerated of the remaining charges, reports CBS Detroit.

“This is a tragedy no matter how you look at this; and, with regard to officer Weekley and what he has experienced — obviously the family has experienced a great deal of pain — but what everyone needs to recognizes is that Officer Weekley, and everyone involved, has experienced a great deal of pain,” Diaz said.

While Weekley still faces a misdemeanor charge of “discharge of a weapon,” Legal Analyst Charlie Langton said that charge would not likely result in jail time if Weekley is convicted.

H/T: The incomparable @CarlaAkins with thanks.

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18 responses to Top Charge Dismissed For Cop Who Killed 7-Year-Old Girl During Raid

  1. tracey marie October 3rd, 2014 at 15:42

    Nonsense, weekly suffered nothing but time off with pay. He had a vacation and will continue to be allowed to recklessly be a killer under the guise of a police officer searching for killers.

    • whatthe46 October 3rd, 2014 at 18:51

      “…under the guise of a police officer searching for killers.” they have to look no further than their own police stations. let the arrests begin.

    • rg9rts October 4th, 2014 at 02:16

      tag

  2. tracey marie October 3rd, 2014 at 15:42

    Nonsense, weekly suffered nothing but time off with pay. He had a vacation and will continue to be allowed to recklessly be a killer under the guise of a police officer searching for killers.

    • whatthe46 October 3rd, 2014 at 18:51

      “…under the guise of a police officer searching for killers.” they have to look no further than their own police stations. let the arrests begin.

    • rg9rts October 4th, 2014 at 02:16

      tag

  3. Cosmic_Surfer October 3rd, 2014 at 15:58

    Nah, America isn’t a Police State….much

  4. Cosmic_Surfer October 3rd, 2014 at 15:58

    Nah, America isn’t a Police State….much

  5. Red Eye Robot October 3rd, 2014 at 18:08

    ” In a surprise development on Friday” Surprise? Really? here is an account of the stunt the prosecution’s prime witness pulled tuesday. http://www.freep.com/story/news/local/michigan/detroit/2014/09/29/weekley-trial-resumes/16404205/

  6. Red Eye Robot October 3rd, 2014 at 18:08

    ” In a surprise development on Friday” Surprise? Really? here is an account of the stunt the prosecution’s prime witness pulled tuesday. http://www.freep.com/story/news/local/michigan/detroit/2014/09/29/weekley-trial-resumes/16404205/

  7. crc3 October 3rd, 2014 at 18:30

    Another cop gets away with killing innocence…

  8. crc3 October 3rd, 2014 at 18:30

    Another cop gets away with killing innocence…

  9. lois patuto October 3rd, 2014 at 20:25

    legally I think the judge was correct

  10. lois patuto October 3rd, 2014 at 20:25

    legally I think the judge was correct

  11. rg9rts October 4th, 2014 at 02:17

    Why was his finger on the trigger

  12. rg9rts October 4th, 2014 at 02:17

    Why was his finger on the trigger

  13. fahvel October 4th, 2014 at 02:46

    goodness, how can an elite cop accidentally fire his weapon? Kid’s dead and he did it – where is the confusion?

  14. fahvel October 4th, 2014 at 02:46

    goodness, how can an elite cop accidentally fire his weapon? Kid’s dead and he did it – where is the confusion?

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