Opening day of one of the most highly anticipated trials in Minnesota was marked by last-minute disputes between attorneys and a glimpse of who might sit on the jury that will ultimately decide if a St. Anthony police officer was legally justified when he shot and killed Philando Castile last summer.
Officer Jeronimo Yanez wore a gray suit and sat with his back to the gallery inside the Ramsey County District Courtroom as proceedings in his manslaughter case began promptly at 9 a.m.
The 29-year-old police officer is charged with second-degree manslaughter in 32-year-old Castile’s death. He also faces two felony-counts of dangerous discharge of a firearm for allegedly endangering the lives of Castile’s girlfriend, Diamond Reynolds, and her young child. Both were present in Castile’s car on July 6 when Yanez fired seven bullets into the vehicle during a traffic stop in Falcon Heights.
The shots were fired shortly after Castile, who is black, told Yanez, who is Latino, that he had a firearm.
“Sir, I have to tell you that I do have a firearm on me,” Castile reportedly said, according to court documents.
Yanez shot him shortly after replying, “OK, don’t reach for it then.” Yanez had also previously asked Castile to produce his driver’s license and insurance information.
Yanez pulled Castile over because his car reportedly had a broken tail light and Castile resembled a suspect in a recent armed robbery. It was later determined that Castile was not involved in that incident.
Reynolds live-streamed the shooting’s aftermath on Facebook via her cellphone. The video sparked protests locally and across the country about police use of force, particularly against black men.
Yanez has pleaded not guilty.
SELECTION PROCESS BEGINS
With his short hair combed to the right, Yanez greeted the jury panel convened for his case Tuesday by saying “Morning.” He otherwise remained silent during the proceedings.
After completing orientation, the 50-member pool of potential jurors was escorted into the courtroom around 10:15 a.m. A handful of people of color were among the panel members. A little over half were men.
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One was immediately excused Tuesday after it as determined she was a relative of Yanez’s.
Castile’s good friend and former co-worker, John Thompson, said later that he wished the jury had been “a little more diverse.”
“I look at the jury and say ‘It’s not diverse enough, but can they be fair?,’” Thompson said. “(I think), ‘Yes they can be.’”
Thompson sat in one of the front rows of the gallery. Noticeably absent were Castile’s relatives. Thompson said they decided not to attend the jury selection but plan to be there when testimony starts.
It was unclear whether Yanez’s immediate family was present, though two rows in the courtroom appeared to be filled with his supporters. One of his aunts declined to comment.
MOTIONS ARGUED: PERMIT TO CARRY GUN, MARIJUANA
Attorneys for both sides spent the first part of the morning arguing over last-minute motions by the defense regarding Castile’s marijuana use on the day of the shooting and the legality of his permit to carry a gun.
Defense attorney Earl Gray argued that all mentions of Castile’s permit to carry made by Reynolds in video footage of the incident be removed. Otherwise, he said it would “open the door” for the defense to argue that Castile had obtained his permit illegally by lying about his marijuana use on his application.
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Gray also argued that because Yanez didn’t know Castile was licensed to carry a firearm when he shot him, it was irrelevant to the case and should not be presented to the jury.
While prosecutor Jeffrey Paulsen agreed that Yanez didn’t know whether Castile was licensed to carry, he argued that the transcripts of the video recordings should not be altered. He added that the jury would likely want to know whether Castile was legally allowed to possess a firearm.
When Judge William H. Leary III asked if a suitable remedy might be leaving Castile’s permit to carry out of the trial altogether, Paulsen asked to have until tomorrow to think it over.
Leary agreed, but indicated he was leaning in that direction.
A separate defense motion sought to have the court instruct the state to ask Reynolds for more information about a marijuana purchase she made before the shooting. The judge denied the motion.
The 27-year-old reportedly told authorities during an interview earlier this month that she and Castile had made a stop hours before the incident so she could buy some marijuana. She said the two never smoked the drug in his car, and that Castile never ingested any before the shooting.
About six grams of marijuana were reportedly discovered in Castile’s car after the shooting and THC — the chief intoxicant in marijuana — was later found in his system.
Gray argued Tuesday that the defense is skeptical of Reynolds’ claims because Yanez says he could smell burnt marijuana when he approached the vehicle. He added that learning more about Reynolds’ purchase could help Yanez’s defense impeach her at trial.
“It makes no sense … that there was no smoking of marijuana in the car right after buying it,” Gray said of Reynolds.
The defense has indicated previously that it plans to argue at trial that Castile was high at the time of the shooting and was thus culpable in his death.
The state maintains that the presence of THC in his system does not prove when Castile last used marijuana and that Yanez’s decision to shoot was reckless regardless.
Leary told the defense Tuesday they could ask Reynolds about the marijuana purchase on the stand but that he would not issue any orders about the state’s responsibility to try and obtain that information from her.
SELECTION MIGHT TAKE A WEEK
The defense maintains that Yanez shot Castile out of fear for his life after Castile disobeyed his orders not to reach for the firearm Castile had told him was in his vehicle.
The state argues Castile was trying to comply with the officer’s orders to produce his driver’s license when Yanez recklessly shot him.
Jurors were excused before noon Tuesday so that they could fill out a written questionnaire provided by the court about their backgrounds and familiarity with Yanez’s case.
Individual questioning of potential jurors will begin Wednesday.
Both sides may strike individuals who indicate bias or prejudice throughout the selection process. The defense and prosecution also get a certain number of jury “strikes” that can be exercised without explanation.
Jury selection is expected to continue through the end of the week.