Post by KC on Mar 3, 2006 22:21:07 GMT -5
03/03/2006 - Criticizing the jury as "cowardly," Colby Nelson said he was stunned by the panel's decision to acquit a former police officer of all charges in the shooting death of his wife.
"I was shocked. I felt betrayed by the jury," the Ahwatukee Foothills man said.
"They had a duty to do and didn't do it," Nelson said on Monday morning.
Three days earlier, a jury acquitted 39-year-old Daniel Lovelace of the second-degree murder and endangerment charges filed in the death of Dawn Rae Nelson, 36.
After a four-week trial and almost three full days of deliberation, the verdict indicates the jurors' belief in Lovelace's testimony that he indeed was in fear for his life when the Ahwatukee Foothills woman disobeyed his orders and began to drive away while being questioned about an attempt to fill a fake prescription.
Dawn was shot and killed on Oct. 11, 2002, near the pharmacy drive-through lane of a Chandler Walgreens on the southeast corner of Dobson and Warner roads.
Before the judge impaneled the jury on July 6, Nelson thought the testimony of witnesses at the scene would have convicted Lovelace. Five witnesses reported seeing Lovelace at the rear of Dawn's car, or running to catch up, but no one testified about seeing Lovelace in front of Dawn's car as she disobeyed the officer's orders and began to drive away.
In the end, the jury proved Nelson wrong.
"Obviously the jury believed Lovelace," he said.
Friends of the widower were equally shocked at the trial's outcome.
"This has totally caught me by surprise" said Richard Marquez, who is a friend of the Nelson family and attended every day of the trial.
"I think the bar is set higher to convict a police officer."
Prosecutors had presented a case showing that Lovelace was in no danger from Dawn and that the shooting was not justified. They had charged Lovelace with second-degree murder, which the jury could have reduced to manslaughter. The verdict was not guilty on both options and a charge of endangerment .
Surrounded by police, family members, well-wishers and Maricopa County Sheriff's Office deputies, Lovelace made no public comments as he left the county Superior Court building in Mesa on July 9 a free man.
Defense attorney Craig Mehrens said he thought it was Lovelace's testimony that convinced the jury to find his client not guilty.
"The case clearly turned on Dan's testimony," he said.
For rank-and-file Chandler police officers who supported Lovelace throughout the ordeal, seeing one of their own on trial for a duty-related shooting was difficult.
"It's been a stressful time for myself and my fellow officers, and we're glad it's over," Chandler police Officer Eddie Cutbertson said.
The president of the Chandler Law Enforcement Association, Officer Dave LeVoy, stressed, "our job, first and foremost, is to protect the community."
"We don't have control over situations that may arise and often we have to make split-second decisions," LeVoy said after the verdict.
Tom Craig is a Phoenix police officer who lives in Ahwatukee Foothills and had followed the case although he didn't know Lovelace. He said that whenever an officer has to shoot a suspect it is difficult.
"Nobody won in this, even with Dan being found innocent. Not the Chandler police, not the Lovelace family, not the Nelson family."
"Anytime an officer has to shoot someone, it's not a good thing. We don't want to do it," Craig said.
Lovelace was fired from his job with the Chandler Police Department after the shooting for violating department policy. Afterward, the city settled a civil lawsuit out-of-court with the Nelson family last year.
According to Chandler officials, Lovelace can now appeal his termination. If a review board reverses his firing, he would be welcomed back into the department, Police Chief Sherry Kiyler said after the verdict on July 9.
Deputy County Attorney Vince Imbordino, who prosecuted Lovelace, said the verdict shows it is difficult to convict a police officer.
He commented that he would be "disturbed," if Lovelace were to return to law enforcement.
"I was shocked. I felt betrayed by the jury," the Ahwatukee Foothills man said.
"They had a duty to do and didn't do it," Nelson said on Monday morning.
Three days earlier, a jury acquitted 39-year-old Daniel Lovelace of the second-degree murder and endangerment charges filed in the death of Dawn Rae Nelson, 36.
After a four-week trial and almost three full days of deliberation, the verdict indicates the jurors' belief in Lovelace's testimony that he indeed was in fear for his life when the Ahwatukee Foothills woman disobeyed his orders and began to drive away while being questioned about an attempt to fill a fake prescription.
Dawn was shot and killed on Oct. 11, 2002, near the pharmacy drive-through lane of a Chandler Walgreens on the southeast corner of Dobson and Warner roads.
Before the judge impaneled the jury on July 6, Nelson thought the testimony of witnesses at the scene would have convicted Lovelace. Five witnesses reported seeing Lovelace at the rear of Dawn's car, or running to catch up, but no one testified about seeing Lovelace in front of Dawn's car as she disobeyed the officer's orders and began to drive away.
In the end, the jury proved Nelson wrong.
"Obviously the jury believed Lovelace," he said.
Friends of the widower were equally shocked at the trial's outcome.
"This has totally caught me by surprise" said Richard Marquez, who is a friend of the Nelson family and attended every day of the trial.
"I think the bar is set higher to convict a police officer."
Prosecutors had presented a case showing that Lovelace was in no danger from Dawn and that the shooting was not justified. They had charged Lovelace with second-degree murder, which the jury could have reduced to manslaughter. The verdict was not guilty on both options and a charge of endangerment .
Surrounded by police, family members, well-wishers and Maricopa County Sheriff's Office deputies, Lovelace made no public comments as he left the county Superior Court building in Mesa on July 9 a free man.
Defense attorney Craig Mehrens said he thought it was Lovelace's testimony that convinced the jury to find his client not guilty.
"The case clearly turned on Dan's testimony," he said.
For rank-and-file Chandler police officers who supported Lovelace throughout the ordeal, seeing one of their own on trial for a duty-related shooting was difficult.
"It's been a stressful time for myself and my fellow officers, and we're glad it's over," Chandler police Officer Eddie Cutbertson said.
The president of the Chandler Law Enforcement Association, Officer Dave LeVoy, stressed, "our job, first and foremost, is to protect the community."
"We don't have control over situations that may arise and often we have to make split-second decisions," LeVoy said after the verdict.
Tom Craig is a Phoenix police officer who lives in Ahwatukee Foothills and had followed the case although he didn't know Lovelace. He said that whenever an officer has to shoot a suspect it is difficult.
"Nobody won in this, even with Dan being found innocent. Not the Chandler police, not the Lovelace family, not the Nelson family."
"Anytime an officer has to shoot someone, it's not a good thing. We don't want to do it," Craig said.
Lovelace was fired from his job with the Chandler Police Department after the shooting for violating department policy. Afterward, the city settled a civil lawsuit out-of-court with the Nelson family last year.
According to Chandler officials, Lovelace can now appeal his termination. If a review board reverses his firing, he would be welcomed back into the department, Police Chief Sherry Kiyler said after the verdict on July 9.
Deputy County Attorney Vince Imbordino, who prosecuted Lovelace, said the verdict shows it is difficult to convict a police officer.
He commented that he would be "disturbed," if Lovelace were to return to law enforcement.