Questions of gun planting, outburst key in verdict

WICHITA, Kan. — A judge’s decision to acquit an officer of murder in the death of a black suspect came down to two major questions: Did the officer plant a gun, and did his outburst about killing the man seconds before the shooting signal premeditation?

St. Louis Circuit Judge Timothy Wilson determined Friday that prosecutors failed to prove beyond a reasonable doubt that Jason Stockley’s use of deadly force was not justifiable self-defense. Anthony Lamar Smith was killed in the 2011 encounter.

“Ultimately when people argue about this case, they are going to be arguing whether the judge drew the right conclusion from the evidence and probably less about the law,” said Ben Trachtenberg, an associate professor of law at the University of Missouri.

Here’s a look at how the judge parsed those arguments in his ruling : Did The Officer Plant The Gun? The officers were investigating what appeared to be a drug transaction in the parking lot of a fast food restaurant. The car sped away and a high-speed chase ensued. Police slammed their SUV into Smith’s car. Stockley then got out and fired five shots into Smith’s car, killing him. A handgun was found in the car after the shooting.

Prosecutors argued the presence of Stockley’s DNA — and absence of Smith’s DNA — on the gun proved the gun must have been planted by the officer. They also noted curious details after the shooting, including Stockley digging into a bag in the back seat of the police SUV before returning to Smith’s car.

But the defense countered that Stockley heard his partner yell “gun” and saw the driver’s hand on a gun as the car sped by him. Stockley testified he did not draw his service weapon and fire until he saw Smith reaching around inside the vehicle after it was stopped. He said Smith changed his demeanor, suggesting he found the gun. Did The Officer’s Outburst Indicate Premeditation? Smith drove at speeds of up to 87 miles per hour on wet roads, endangering other drivers and pedestrians. About 45 seconds before the chase ended, police dashcam video captured Stockley saying, “going to kill this (expletive), don’t you know it.”

Prosecutors argued that statement proved the officer deliberated about killing Smith even before the pursuit ended.

When questioned about his statement at trial, Stockley said he could not remember saying those words. The ruling noted Stockley testified he had not made a decision to kill Smith and could not recall the context in which the statement was made.

The judge said in his decision that it was apparent from the dashcam audio and video that the pursuit was stressful, both because of its high speed and the confusion caused by multiple radios and communications with the dispatcher.