Thursday, December 8, 2022

CMPD Officer Barker Trial

Caroline Hicks live tweeted much of today's testimony 

RIGHT NOW: Opening statements are beginning in the trial of CMPD officer Philip Barker

Prosecutor describing scene of car crash in 2017 to the jury. He described in graphic detail the dismembered body of James Short after Officer Barker hit him at up to 100 mph 

Defense attorney described life of 28-year-old James Short. Now about to play dispatch call from that day 

Barker got a dispatch call about a priority 1 call: a 21-year-old ejected from a vehicle. That's what Barker was driving to respond to when he hit James Short 

He says Short was drunk- his BAC about 3x the legal limit and also took Xanax. He says we will hear from toxicologist about what effects this would all have on a person 

He says Short was dressed in all black. Tells jury that prosecutor will try to make case that he had duty to look both ways & follow rules of pedestrians. But he says Barker did not follow rules of road: did not stop and look left and right before making turn 

NEXT: We will hear witness testimony. Judge tells jurors they can take notes 

Prosecutor showing bodycam footage from Barker's vehicle. It shows point at which he hits Short- loud noise, windshield smashes. He calls for MEDIC. 

FIRST WITNESS to the stand: Tommie Gentry a part time employee of CMPD (teachers drivers training and firearms at the academy, logistical ops at warehouse- puts up barricades for events). Works 0-40 hours a week depending on week 

He joined CMPD in June 1993. Retired as full-time employee for CMPD in March 2022. He used to be a full-time logistics operations at warehouse, and part time at academy. 

Gentry taught driver instruction to officers since 2003. Prosecutor asking him to explain how calls come into patrol officers in the car- describing phone, radio and computer systems 

Gentry says it usually takes a second and a half to perceive hazard in roadway and then put foot on brake. Speed affects vision: faster you go, less peripheral vision works. 

Describes how faster driving, longer time it takes to brake. In fall of 2017-- Gentry conducted training at airport-- showing officers a demo of what it takes to get a vehicle to stop at 60, 80 & 100mph. Used same car Barker drove.  

At 100mph-- car traveled close to 400 ft. before coming to a stop. They showed video from the training 

Gentry says he did not reduce speeds to clear intersections, which does not meet directives

No further questions from prosecution. Judge announcing recess until 2pm. 

2 PM

Court is back in session. Cross examination of prosecutor's witness Tommie Gentry is beginning. 

Defense attorney George Laughrun asking Gentry about the training he conducted at the airport. Argues there's a big difference between an FAA- authorized simulation in optimal conditions, no unforeseen circumstances v. the deadly crash on Morehead 

Laughrun asks if CMPD has a program for officers needing extra driving/ remedial training due to issues w/ their conduct. Gentry says yes -- and Barker was never subjected to that 

Defense asking Gentry about educational program called Watch For Me NC. He says he's heard of it but hasn't taken it. 

Now handed him Barker's training book. It contained tests where Barker received 100% scores and notes that said "Good job!" He scored high on all emergency driving courses. 

Prosecutor now questioning Gentry again. Asked if he would expect an officer to have both hands on the wheel when not speaking on radio. He said yes. Barker only had one hand on wheel at time of crash 

Prosecutor asked if Barker accelerated through 3 intersections, was he following protocol of slowing to clear them? Gentry says no. 

Prosecutor calling James' brother Joshua Short up to the stand as a witness. He says his brother went by "Mike." He referenced that his mother and father Deborah and John Short are also in court. 

Jury is heading into recess until 3:45 

3:45 PM

Back in session. Defense team now cross examining Joshua Short 

Defense team asks Joshua if his brother took his meds for mental health disorder and schizophrenia the day of crash. Joshua not sure but says his brother was "adamant" about taking it


2 comments:

  1. They just need to bring up that Sgt Muhhamed killed a woman that was crossing the street, and his lights were not on. He didn’t even get suspended, while Barker was driving emergency traffic to a fatal car accident. Seconds matter in this job. This is a witch hunt for a white male officer that lived what he did very day by a racist administration with a history of attacks against caucasian officers.

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  2. So you have to slow to clear a green light intersection? Since when?

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