Butte DA rebuts new trial request in shooting

OROVILLE – Butte County’s top prosecutor has rebutted a request for a new trial in the onduty shooting case of former Paradise police officer Patrick Feaster, dismissing Feaster’s argument that a jury received incorrect instructions that led to his conviction.

Feaster, 32, was found guilty Oct. 18 of involuntary manslaughter for his role in the 2015 shooting death of 26-yearold Andrew Thomas. A jury also found a gun enhancement attached to the manslaughter charge to be true.

The former officer faces up to five years in county jail and has been scheduled to be sentenced Dec. 16.

Following the guilty verdict, Feaster filed a motion Nov. 14 requesting a new trial. It was argued in the motion that the jury in Feaster’s trial received an “incorrect” instruction during deliberations that allowed the prosecution to change its theory of the case after all evidence had been presented.

The instruction was related to whether Feaster acted with criminal negligence when he drew his firearm, placed his finger on the trigger and pulled it.

During deliberations, the jury asked Butte County Superior Court Judge James Reilley for clarification regarding whether it had to find Feaster “not guilty” if it found that he did not act with criminal negligence during one of those three acts.