Single Holdout Juror May Force Mistrial in Walter Scott Murder Trial

By Ginger Adams Otis, New York Daily News

03 December 16

 

lone juror nearly caused a mistrial Friday in the South Carolina murder trial of Michael Slager, a white ex-cop caught on video gunning down an unarmed black man in 2015.

The jury of 11 whites and one black man went through three days of deliberations before twice declaring on Friday that they were at an impasse.

“Yes, we are at a deadlock,” the jury wrote in a final note to state Judge Clifton Newman just before 5 p.m.

But the jury also made it clear the majority was prepared to convict Slager, a former North Charleston cop. He’s charged with shooting Walter Scott five times after a traffic stop on April 4, 2015.

“It is just one juror,” the foreman wrote in a separate note to the judge. “That juror needs to leave, he is having issues.”

A mistrial declaration appeared imminent — but at the last minute the foreman requested more clarification on the law. That led to another hour of deliberations — and in the end, the jury decided to keep talking.

“The jury wants to come back at 9 a.m. Monday. They are beat. They need some time,” the judge told the tense courtroom just after 6 p.m.

When jurors filed back into the courtroom — where Scott’s parents had been heard praying quietly just moments before — the judge appeared relieved.

“You certainly have put in a long day. We look forward to seeing each and every one of you at 9 o’clock Monday,” the judge said.

“Have a good weekend,” he added.

Outside the courtroom, Scott’s family gathered to talk to reporters.

“We will receive justice,” his brother Anthony Scott declared.

Scott’s attorney Chris Stewart said he fully expected a jury verdict Monday.

“We keep hearing it’s over, it’s over. It’s not over,” he insisted.

The near-mistrial was a shock in a case many legal experts felt would be an easy win for prosecutors, particularly in light of the cell phone video that captured the fatal encounter between Slager, 35, and 50-year-old Scott.

The cop, who was fired after the footage of him shooting Scott surfaced, testified he feared for his life when he squeezed off eight shots.

“My mind was like spaghetti,” said Slager, who was a cop for five years before his dismissal.

Scott was driving his 1990 Mercedes when Slager first pulled him over for a broken taillight.

Dashcam footage shows that Scott bolted from his car after Slager stopped him — and the officer pursued on foot.

Slager claims the two tussled and Scott grabbed for his Taser.

“I saw that Taser coming at me and I knew I was in trouble,” he testified. “I knew I was overpowered.”

But cell phone footage captured by witness Feidin Santana told a different story.

Santana, who was walking by as Slager tried to collar Scott, said the officer appeared to have control of the situation.

He said Slager used the stun gun on Scott — who again took off running.

In Santana’s video, Slager yanks out his service gun and opens fire — getting off eight rounds.

Five hit Scott, who was already 18 feet away from the officer. Three struck Scott in the upper back, one in the lower back and one hit one of his ears, according to the autopsy.

When Scott falls to the ground, Slager walks up, cuffs him, and then backtracks to a black object that appears to be his Taser and drops it by the body, the video shows.

Prosecutors accused Slager of staging the scene for his self-defense claim — and noted he never tried to give Scott CPR.

But it was apparent early on that the jury of six white men, five white women and one black man had some conflicts about the evidence, based on the length of deliberations and the questions asked.

Judge Newman made it clear the jury could find Slager guilty of manslaughter even if they didn’t find him guilty of murder.

On Thursday, the jury asked for clarification on the difference between acting in fear and a crime of passion. That suggested they were debating the voluntary manslaughter charge — reserved for bad deeds done in the heat of an emotional moment.

Murder would require the jury to believe Slager shot Scott with deliberate malice.

On Friday, the jury asked to review the trial transcript of Santana, who testified about his video and what he witnessed.

An hour later, the jury sent in its first note saying they could not reach a verdict.

Newman ordered them to try again. Two hours later, they came back a second time to declare themselves still at odds.

The holdout juror in a note to the judge said, “I cannot in good conscience” convict Slager beyond a reasonable doubt.

“I cannot and will not change my mind,” the juror wrote.

That prompted defense attorneys to call for an immediate mistrial and it appeared Newman was on the verge of doing it. But then jurors decided to request one more round of legal clarification, staving off a final decision until Monday.

If convicted of murder, Slager could face 30 years to life. If found guilty of voluntary manslaughter, he could face between two and 30 years.