acquits

Court acquits 1st 'non-religious' conscientious objector

No result found, try new keyword!A court has recognized personal pacifist beliefs as a valid reason for rejecting follow-up mandatory military service for the first time in Korea. Previous recognition was given to firmly held religio...

Jury acquits two men charged with Harrisburg homicide

A Dauphin County jury has acquitted two men of homicide charges stemming from a July 2016 murder committed in a Harrisburg alley.

The jurors deliberated about two hours before finding Kurt Tasker and Vernon King not guilty of murder counts for the slaying of 27-year-old Frank Whitlock in the 1200 block on Hunter Street.

Whitlock died from a gunshot wound to the chest, police said.

“Kurt wasn’t there,” Tasker’s attorney, Bryan Walk, said of the acquittal Monday. The prosecution evidence didn’t tie his client to the killing, he said.

“The jury seemed very aware of the problems with the commonwealth’s case,” Walk said.

Tasker’s acquittal was complete. King was acquitted of the homicide charge, but was convicted of being a convicted felon in possession of a firearm.

Tasker and King both are former employees of Harrisburg Mayor Eric Papenfuse’s Midtown Scholar book store.

King was charged with Whitlock’s murder in July 2017. Tasker was apprehended by U.S. marshals in North Carolina in March 2018.

Whitlock, who went by the nickname “Frank Nitty,” was killed three months after being released from prison. He had served time for crimes ranging from robbery to theft.

Fed jury acquits Worcester police Sgt. Stephen Roche of brutality

WORCESTER - An eight-member U.S. District Court jury found police Sgt. Stephen Roche not responsible Tuesday on a claim of use of excessive force against Jose L. Ortiz, a livery driver, during a 2014 drug raid.

Mr. Ortiz received three stitches to his eyelid area after a March 8, 2014, incident at 1069 West Boylston St. in which Sgt. Roche’s gun is said to have made contact with his face.

Mr. Ortiz alleged Sgt. Roche hit him with the gun, while the sergeant says the man hit his head against his gun during a split-second interaction while Mr. Ortiz sat in his livery car.

Sgt. Roche testified that Mr. Ortiz reached for his radio – at the time the sergeant thought it could be a gun – which prompted the sergeant to extend his firearm inside the vehicle.

Sgt. Roche said Mr. Ortiz turned his head back toward him, striking his eyelid on the muzzle area of his gun.

Mr. Ortiz had just dropped off a drug dealer at a home being raided. He was detained while police served the search warrant, but was not arrested.

Mr. Ortiz filed a civil lawsuit against Sgt. Roche.

The March 8, 2014, incident occurred as Sgt. Roche was helping the vice squad execute warrants obtained after a 14-month drug investigation.

Sgt. Roche testified that he and another officer were conducting a stakeout when a livery car driven by Mr. Ortiz unexpectedly pulled up carrying one of the suspected drug dealers.

Sgt. Roche said he was ordered at that point to raid the apartment but noticed Mr. Ortiz inside the livery car. Because of the high-risk nature of drug warrants, Sgt. Roche said, he approached the car with his firearm in the “low-ready” position.

In the trial, Sgt. Roche testified that Mr. Ortiz did not obey commands to raise his hands, and instead reached toward a black object on his passenger seat.

The object was later identified as a radio, but at that moment, Sgt. Roche testified, he thought it could be a firearm.

Mr. Ortiz denied reaching for his radio before the gun hit his face.

Closing arguments were made Tuesday. The verdict came about three hours later.

Robert A. Scott, representing Mr. Ortiz, said in his closing argument that if even if Mr. Ortiz was reaching for a radio, he wouldn't have been able to warn anyone of the raid because the radio is tied in to the livery’s dispatch system.

Furthermore, “Why would he (Mr. Ortiz) call the dispatcher when someone is approaching with a gun?” Mr. Scott rhetorically questioned.

Mr. Scott argued that the proposition that Sgt. Roche put his gun within reach of Mr. Ortiz’s left hand while Mr. Ortiz was allegedly reaching for something with his right hand was an “unbelievable” and “incoherent” explanation of what transpired.

Mr. Scott insisted his client’s story is consistent with the facts and the hospital report, while Sgt. Roche’s testimony lacked credibility and showed telltale signs of fabrication.

Wendy L. Quinn, assistant city solicitor, said in her closing argument that Sgt. Roche, a 32-year member of the Worcester Police Department and an active member of the gang unit for 20 years, is very well-trained.

During the execution of a search warrant for $5,000 worth of heroin, Sgt. Roche’s presence was compromised, with two people inside the home and Mr. Ortiz in the vehicle, Ms. Quinn said.

Sgt. Roche approached the vehicle with gun drawn. Not obeying commands to raise his hands, Mr. Ortiz turned his head back toward the officer and made contact with the gun, Ms. Quinn said.

Ms. Quinn said surveillance video shows eight seconds transpired from the moment Sgt. Roche walked up to the window of the car until the time Mr. Ortiz got out of the vehicle.

“Sgt. Roche was telling the truth on what actually happened,” Ms. Quinn said. “Sgt. Roche did not intend or expect Mr. Ortiz to make contact with his gun.”

Ms. Quinn said Mr. Ortiz argued that he didn’t understand Sgt. Roche, but never made an effort to say he didn’t understand, even though Mr. Ortiz conversed with the officer in English.

“If Mr. Ortiz had his hands up, he more than likely would have blocked the gun,” Ms. Quinn said. “Mr. Ortiz is not truthful about his encounter with Sgt. Roche.”

Ms. Quinn concluded Mr. Ortiz’s injury was the result of “an accident” and there was no intent by Sgt. Roche to harm him.

Mr. Ortiz, who was born in the Dominican Republic and has been a U.S. citizen since 2012, heard the closing arguments through an interpreter. However, the interpreter wasn’t available for the reading of the verdict. 

Police issued a statement Tuesday afternoon thanking the lawyers for their work on the case; Police Chief Steven Sargent in the statement lauded Sgt. Roche as a dedicated officer who has developed positive relationships with youths in the community, and whose integrity and professionalism are beyond reproach.   

In the same statement, City Manager Edward M. Augustus Jr. said the jury's decision confirms the city administration's belief that the city has a professional, well-trained police department. He said in the statement he has confidence in city officers' ability to exercise restraint even when involved in tense, dangerous situations.