The trial judge's ruling has been posted.
Here is link.
This was damn near prosecutorial misconduct. I don't know how this case made it past grand jury. The defense only called two witnesses but the state did a better job at defending him.
Here are big takeaways you probably won't see in media.
1. The medical examiner stated that the bullet injuries were "not inconsistent" with a man leaning in the manner that Stockley testified to.
2. The DNA, which is the crux of the public lynch mob, has also been overplayed. The state's witnesses testified that just because Smith's DNA was not found, does not mean he didn't handle gun, especially using 2011 technology. They also testified that a bag of narcotics found in the vehicle did have Smith's DNA but not Stockley's even though Stockley handled the bag as well.
3. Stockley testified he is a West Point Graduate and was a field training officer for the department. He testified he shot Mr. Smith with his duty pistol(not the AK) after Mr. Smith failed to comply with orders to stop moving and show his hands. A witness across the street confirmed the timeline that Stockley gave and that he could hear orders being given.
4. Stockley testified that he returned to the patrol car to look for quick clot to put on Mr. Smith. He testified that he removed this winter gloves to search for the quick clot. The judge noted that there was no way Stockley could have concealed a full-size and gun on his person since multiple videos show he has nothing in his hands and his pants don't have pockets large enough. The judege noted that four officers were watching in the window as Stockley entered the vehicle and found the gun in between the seats. Stockley then made the weapon safe by unloading it. The state didn't have a theory on how the gun was planted.
5. The judge wrote that the states entire case rested on the fact that Stockley allegedly said "we're killing this mother fucker," however the judge noted that during the loud and stressful police chase that the full statement was not known and could be used out of context. The judge's opinion was that stressful utters during a very stressful situation is ambiguous.
6. The state tried to claim that Stockley fired a fifth "kill shot." Something that the judge noted was not supported by any evidence presented. The witness across the street testified that the shots were fired in a sequence and the medical examiners testified there is no way to tell the order of the wounds.
Good luck seeing this on the media. Instead we get to watch more footlocker, liquor stores and gas station become "liberated" in the name of mob justice.
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