SAN ANTONIO – As the trial of three former San Antonio police officers accused in the shooting death of Melissa Perez nears jury deliberations, questions loom over what it would take for jurors to reach a not-guilty verdict.
Defense attorney John Hunter, who has successfully defended clients in high-profile murder cases, said proving — or disproving — murder is never simple.
“Murder is hard to prove,” Hunter said. “Sometimes that isn’t as clear cut as what the outward facts show.”
For jurors to acquit on a murder charge, every element of the case, including intent, threat and use of force, must be in question. Prosecutors, Hunter said, face the difficult task of proving there was no lawful justification for the officers’ use of force.
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“For the prosecutors to get over this hump, they’re going to have to establish no warrant, no warrantless justification, and that force applied or threats of force applied were in greater excess than was necessary,” Hunter said. “That’s going to be tough to do.”
He added that trying law enforcement officers poses unique challenges for jurors because the same standards that apply to civilians often don’t apply to police officers acting in the line of duty.
“Those sorts of general common-sense things that help jurors navigate this, if you and I were to have a fight, aren’t going to be applicable to police officers,” he said. “So your question was, how hard is it? It’s going to be very hard.”
When the case does reach a jury, Hunter said it’s possible jurors could reach different conclusions for each of the three defendants, but all 12 must unanimously agree on each verdict.
“Even people who are very critical of the police, like myself, recognize most police officers are very good people,” Hunter said. “One officer is hard to prosecute. Three, for making the same decision — I mean, at its core, I think that’s the toughest part about this.”
Jury deliberations in the case could begin by the end of the week. All three former officers face up to life in prison if found guilty.
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