Top Charge Dismissed For Cop Who Killed 7-Year-Old Girl During Raid

In a surprise development on Friday, a judge dismissed the most serious charge against a Detroit police officer who fatally shot a 7-year-old girl during a raid. The trial was also halted in order to give prosecutors an opportunity to immediately appeal.

[su_center_ad]Wayne County Judge Cynthia Gray Hathaway’s  decision came after prosecutors finished presenting their case against Joseph Weekley, who mistakenly pulled the trigger and killed Aiyana Stanley-Jones during a chaotic search for a murder suspect in 2010.

Detroit Police Officer Joseph Weekley

CBS reports:

Defense attorney Steve Fishman said an involuntary manslaughter charge should be dismissed because prosecutors had failed to show that Weekley intentionally created a danger that caused Aiyana’s death.

“There is absolutely no evidence, none, that’s in the least bit credible,” Fishman argued.

Wayne County Judge Cynthia Gray Hathaway agreed.

“If I’m going to err, I’m going to err on the side of the defense,” she said in dismissing the manslaughter charge, a felony.

Weekley still is charged with reckless discharge of a firearm, a misdemeanor. It’s his second trial after a jury last year couldn’t reach a verdict.

Weekley, a member of an elite police unit, insists he accidentally pulled the trigger when Aiyana’s grandmother, Mertilla Jones, grabbed his gun as officers burst through the door of her home. Jones denied any interference.

The prosecutor’s office said it planned to appeal Hathaway’s decision. The trial on the lesser charge resumes Monday

Following Friday’s ruling, Mark Diaz, president of the Detroit Police Officers Association, released a statement saying they are “very pleased” with the judge’s decision and that they are “confident” Weekley will be exonerated of the remaining charges, reports CBS Detroit.

“This is a tragedy no matter how you look at this; and, with regard to officer Weekley and what he has experienced — obviously the family has experienced a great deal of pain — but what everyone needs to recognizes is that Officer Weekley, and everyone involved, has experienced a great deal of pain,” Diaz said.

While Weekley still faces a misdemeanor charge of “discharge of a weapon,” Legal Analyst Charlie Langton said that charge would not likely result in jail time if Weekley is convicted.

H/T: The incomparable @CarlaAkins with thanks.[su_csky_ad]

D.B. Hirsch

D.B. Hirsch is a political activist, news junkie, and retired ad copy writer and spin doctor. He lives in Brooklyn, New York.