Ramsey County Attorney John Choi’s decision to forego a grand jury review and handle a charging decision himself in the shooting death of Philando Castile was a bold move, according to attorneys who have followed the case.
They predict an uphill climb for prosecutors convincing a trial jury to convict St. Anthony Police Officer Jeronimo Yanez of second-degree manslaughter, the most serious of the criminal charges against him. A manslaughter conviction against a police officer who took a life while on duty has limited precedent, even nationally.
Under state sentencing guidelines, Yanez, if found guilty, would likely face no more than four years in prison, rather than the 10-year maximum. The prison term could be reduced by half or even eliminated altogether through probation.
“I give Mr. Choi a good deal of credit for taking this matter seriously and for having the courage to make the decision himself, based on a thorough assessment of the evidence,” said Ted Sampsell-Jones, a legal professor at Mitchell-Hamline School of Law. “That said, there is a good chance that this prosecution, ultimately, will not be successful.”
NO GRAND JURY
Public sentiment has increasingly turned against referring cases involving police officers and loss of life to grand juries, or civilian review panels, because they rarely result in charges.
A grand jury, for instance, found insufficient evidence two years ago to proceed with charges against the officer involved in the fatal shooting of 18-year-old Michael Brown in Ferguson, Mo.
“Prosecutors can easily manipulate the process and soft-pedal the case, which is what seems to have happened in Ferguson,” Sampsell-Jones said.
Choi said his decision to file the charge of second-degree manslaughter and two felony charges for the intentional discharge of a dangerous weapon was based in large part on a simple standard: What would reasonable officers have done in Yanez’ place?
“Under the circumstances that we know … I would probably agree with John (Choi)’s statement that a reasonable officer acting under similar circumstances would not have fired seven shots,” said John Arechigo, a criminal defense attorney who practices in downtown St. Paul.
“Based on what we know, I don’t think there’s any reason to believe that the officer was under any imminent threat or danger,” Arechigo added. “I haven’t seen anything or heard of anything that would convince me otherwise.”
The criminal complaint against Yanez indicates that Choi consulted with expert witness Jeff Noble, who retired from law enforcement in 2012 as Deputy Chief of Police with the Irvine Police Department.
Noble, who supported Choi’s charging decision, had previously recommended criminal charges in the officer-involved shooting death of Tamir Rice in Cleveland two years ago. But a grand jury declined to indict the two officers involved in the shooting.
Noble declined to comment Wednesday on the Yanez case.
Arechigo said anything can happen in a jury trial, if the case goes to a jury at all.
While it’s unlikely that a judge would toss out the case given the loss of life and level of evidence available, it’s entirely possible that Yanez could negotiate a plea deal for a lighter sentence than four years.
“A lot will have to do with the make-up of the jury,” Arechigo said. “There’s always attempts to try to resolve a case before it goes to trial.”
‘CULPABLE NEGLIGENCE’
Second-degree manslaughter is the lowest level of homicide in Minnesota. It typically describes reckless but unintentional loss of life, or “culpable negligence,” such as playing around with a loaded gun or throwing a brick from a highway overpass.
Unlike first-degree murder, which may carry a life sentence, the recommended prison sentence for second-degree manslaughter is four years, “and someone like Officer Yanez would have a good chance of a reduced sentence or even probation in lieu of prison,” Sampsell-Jones said.
The maximum sentence is 10 years.
“The charges are a little bit of a square peg in a round hole,” Sampsell-Jones added. “The crime of involuntary manslaughter is most typically used to cover stupid and risky behavior. … What Officer Yanez did is very different from the common examples. What he really did is intentionally kill Castile based on a belief that he needed to do so for self-defense.”
Then there’s the lack of national precedent.
Sampsell-Jones noted that a Baltimore case involving police officers charged in the 2015 arrest death of Freddie Gray ended in a mistrial and three acquittals.
“There is absolutely a chance that these charges will not result in a conviction, similar to the failed Freddie Gray prosecutions,” Sampsell-Jones said. “The prosecution will have to prove it beyond a reasonable doubt and get a unanimous jury verdict. Many jurors are sympathetic to police, and it would only take one holdout juror to prevent a conviction.”
