S E RV I N G T H E P U B L I C S I N C E 1 878 • W I N N E R O F 1 8 P U L I TZ E R P R I Z E S
Saturday • 09.16.2017 • $1.50
STOCKLEY NOT GUILTY
CHRISTIAN GOODEN • cgooden@post-dispatch.com
Melvin Moffitt burns an American flag Friday near Washington and Euclid avenues after the not-guilty verdict in the killing of Anthony Lamar Smith by then-St. Louis police Officer Jason Stockley.
Mayor’s home hit; officers injured
Judge agonized over his verdict
FROM STAFF REPORTS
BY JOEL CURRIER AND CHRISTINE BYERS St. Louis Post-Dispatch
ST. LOUIS • About 1,000 protesters surrounded the home of St. Louis Mayor Lyda Krewson in the Central West End late Friday, breaking windows and throwing red paint at the brick house before some 200 police in riot gear moved in to break it up. Two officers were injured by thrown bricks in the aftermath, police said. They were taken to a hospital, with one officer’s injuries described as “serious.” A third injured officer declined treatment. After the large group of protesters was able to march unimpeded to the home, gather on the lawn and knock on the door — a process that took some 30 minutes — the first police finally arrived and began pushing them back, ultimately firing canisters of tear gas. Journalists witnessed at least one arrest. There was no indication on the scene that Krewson was in the home at the time. The incident followed a day that Krewson herself
CRISTINA M. FLETES • cfletes@post-dispatch.com
Interview with Stockley after the acquittal Breakdown of the judge’s verdict Photos from Friday’s protests Timeline of events Exclusive Stockley interview Collection of videos
See PROTESTS • Page A8
Manhunt underway for suspect in London Underground blast
• A5
• A6
• A7
• stltoday.com/watch
• stltoday.com/watch
FULL COVERAGE • PAGES A4-A9 • STLTODAY.COM
See STOCKLEY • Page A9
DOJ pivots on ‘collaborative reform’ policy
TODAY
91°/71° MOSTLY SUNNY
BY CHUCK RAASCH St. Louis Post-Dispatch
WASHINGTON • The Department of Justice
PAGE A12
• A4
ST. LOUIS • Former St. Louis police Officer Jason Stockley was found not guilty Friday of murdering a man while on duty, sparking hours of angry protests that continued overnight. St. Louis Circuit Judge Timothy Wilson’s highly anticipated verdict found the white former St. Louis police officer not guilty of first-degree murder and armed criminal action in the December 2011 shooting death of Anthony Lamar Smith, a black drug suspect, after a high-speed pursuit and crash. Protesters began gathering downtown immediately after the verdict was announced Friday morning. The demonstrations were largely peaceful at first, but as the night went on, protesters seriously injured two police officers and vandalized Central West End buildings, including the home of the city
announced on Friday a substantial change in “collaborative reform” doctrine integral in the response by the administration of thenPresident Barack Obama to the 2014 shooting death of Michael Brown in Ferguson. The change, which was announced hours after a judge handed down an acquittal of for-
mer St. Louis police Officer Jason Stockley, moves the DOJ distinctly in the “law and order” direction that President Donald Trump campaigned on. The decision also provides a broad hint of how Trump’s Justice Department is likely to respond to the Stockley verdict and the protests that ensued. Stockley was acquitted in the 2011 shooting death of Anthony Lamar Smith.
TOMORROW
89°/70° CHANCE OF STORMS
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A4 • ST. LOUIS POST-DISPATCH
STOCKLEY VERDICT
M 2 • Saturday • 09.16.2017
STOCKLEY SPEAKS ‘Everyone wants someone to blame, but I’m just not the guy’ BY CHRISTINE BYERS St. Louis Post-Dispatch
After almost six years, a judge confirmed Friday what Jason Stockley had always believed: He was not guilty of murder. “It feels like a burden has been lifted, but the burden of having to kill someone never really lifts,” he said in an exclusive interview with the Post-Dispatch on Friday. “The taking of someone’s life is the most significant thing one can do, and it’s not done lightly. … My main concern now is for the first responders, the people just trying to go to work and the protesters. I don’t want anyone to be hurt in any way over this.” Stockley, 36, who now lives in Houston, was charged last year with first-degree murder and armed criminal action in the shooting death of Anthony Lamar Smith, 24. The shooting happened Dec. 20, 2011, as a police chase ended at West Florissant and Acme avenues. The chase began after Stockley and his partner Brian Bianchi tried to arrest Smith for a suspected drug deal at a Church’s Chicken at Thekla Avenue and Riverview Boulevard. St. Louis Circuit Judge Timothy Wilson filed his ruling early Friday. Protests soon erupted in downtown St. Louis. “I can feel for and I understand what the family is going through, and I know everyone wants someone to blame, but I’m just not the guy,” Stockley said. He said he understood that the video of the shooting looked bad to investigators and the public. “Every resisting (arrest) looks bad, it never looks good,” Stockley said. “But you have to separate the optics from the facts.” And that’s what the judge did in the case, he said, noting that Wilson focused on the 15 seconds between the time Stockley left his police car and then unholstered his weapon and fired at Smith as proof that he did not execute him. Tears welled in the former police officer’s eyes when asked why he had agreed to be interviewed. “Because I did nothing wrong. If you’re telling the truth and
CRISTINA M. FLETES • cfletes@post-dispatch.com
Jason Stockley is photographed Friday after Judge Timothy Wilson ruled that the former St. Louis police officer was not guilty of first-degree murder in the 2011 shooting death of Anthony Lamar Smith.
you’ve been wrongly accused, you should shout it from a mountaintop.”
THE SHOOTING Stockley had been a city police officer for five years when the shooting took place. Before that, he had a military career and was a graduate of the U.S. Military Academy at West Point. He said he chose police work after his tour in Iraq because “it’s based on a foundation of service.” But, Stockley said, the work can be dangerous. And the level of firepower he was seeing on city streets led him to arm himself with an unauthorized AK-47 pistol with 100 rounds. “I used it as a deterrent, and I believed it was better to have it and not need it than to need it and not have it,” he said. “I accept full responsibility for violating the rules. But it’s not a moral crime. It’s a rule violation.” At his trial in August, St. Louis prosecutors alleged Stockley told his partner that he was going to kill Smith while they were pursuing him, then planted a gun on
Security concerns stall downtown diversions BY DOUG MOORE St. Louis Post-Dispatch
The Moonlight Ramble bike ride through downtown St. Louis Saturday night and the Cardinals Care 6K Run and Walk on Sunday have been canceled because of security concerns after the release of the judge’s ruling in the Jason Stockley case. The Friday night performance by the St. Louis Symphony Orchestra of “Harry Potter and the Chamber of Secrets” was also canceled. Also Friday night, a production of Shakespeare in the Streets in front of the St. Louis Public Library downtown has been canceled, although organizers hope the show will go on Saturday and Sunday. Other events affected by the Stockley decision include the postponement of the St. Louis Walk to End Alzheimer’s, scheduled for Saturday in downtown St. Louis, and the Mission: St. Louis gala at Ballpark Village and School of Rock event at Delmar Hall, both scheduled for Friday night. “For safety and security reasons, city officials have canceled the Shakespeare in the Streets’ production of ‘Blow, Winds’ that was originally scheduled to kick off tonight in front of the St. Louis Public Library’s Central Branch downtown,” reads a statement from Shakespeare St. Louis. “Our goal to continue with performances of ‘Blow, Winds’ on Saturday and Sunday. City officials will alert us to any changes.” For updates on remaining performances, go to SFSTL. com. The St. Louis Cardinals said the eighth-annual Cardinals Care event would not take place due to a lack of sufficient secondary police staffing available to help secure the route’s street closures downtown. “While we are disappointed
that we have to cancel the run, we think it is necessary given everything going on in our community,” said Michael Hall, executive director of Cardinals Care. “We appreciate everyone’s understanding and their generosity in supporting our mission to help children in our community.” Cardinals Care will be sending each registered participant a package that includes a 6K medal, a 6K T-shirt, Fredbird bobblehead, a coupon for Chipotle, and a voucher good for two complimentary tickets to a 2018 Cardinals regular season game. Organizers of the 54th annual Moonlight Ramble announced on Twitter that the bike ride would be postponed until Sept. 23 “given that the safety of our riders and the community as a whole is our primary concern.” The Mission: St. Louis gala at Ballpark Village scheduled for Friday night will now take place Nov. 10. More than 500 guests were expected with former Missouri Attorney General Chris Koster as the keynote speaker. Josh Wilson, Mission’s executive director, sent a letter to all those planning to attend. “This decision comes with much trepidation, as we have weighed the pain our city is going through, the safety of our supporters, and our financial need as an organization,” Wilson said. “As much as we want to celebrate with everyone tomorrow night, we feel the best thing to do is reschedule.” The Alzheimer’s Association is working to secure another date for its walk and will announce the new information as soon as possible, a spokeswoman said. Other area Walk to End Alzheimer’s dates and locations may be found at www.alz.org/greatermo/walk Doug Moore • 314-340-8125 @dougwmoore on Twitter dmoore@post-dispatch.com
Smith after the shooting. Stockley can be heard on videotape saying, “Going to kill this (expletive) don’t you know it,” prosecutors said. Stockley said he didn’t remember making the statement or what he said before or after it. In a 30-page ruling, Wilson said the statement Stockley made to his partner lacked context because everything said before and immediately after was inaudible on in-car camera video. Stockley’s decision to enter Smith’s vehicle after the shooting was another point prosecutors criticized, saying it made no sense for the officer involved in a shooting to handle evidence. They suggested that was when he planted a gun. Stockley said Friday that he knew what the gun looked like and he wanted to find it as quickly as possible if Smith had thrown it out the window. The judge said there was no evidence proving the gun had been planted. It was reasonable for Stockley to believe Smith was reaching for a gun when he shot him, Wilson ruled.
Some schools sent students home early BY KRISTEN TAKETA St. Louis Post-Dispatch
Protests in St. Louis prompted many St. Louis schools to dismiss classes early amid fears that police activity and resulting traffic jams would endanger students’ safety. School systems that dismissed early included the Hazelwood, Normandy, Riverview Gardens and Special school districts and the Confluence, St. Louis Language Immersion, Lafayette Preparatory Academy and St. Louis College Prep public charter schools. The Ferguson-Florissant School District let elementary students go home early. Some Catholic high schools canceled Friday classes in advance of the verdict. Those included Bishop DuBourg, St. Mary’s, Rosati-Kain and Cardinal Ritter College Prep. “Given the uncertainty of (human) responses to the pending verdict … we have made the decision to cancel school on Friday,” wrote Cardinal Ritter President Tamiko Armstead and Principal Michael Blackshear in a letter Thursday. Some other schools canceled after-school activities on Friday but didn’t dismiss classes early, including the Affton, Jennings, Clayton, Hancock Place and Valley Park school districts, KIPP St. Louis charter schools, Kirkwood High School and De Smet Jesuit High School. In statements Friday, St. Louis University and the University of Missouri-St. Louis opted to continue normal operations. Many area school districts, even including public schools not within St. Louis city, sent out on Thursday warning letters to parents reminding them of procedures for early dismissals and school closings. Those districts included Riverview Gardens, Hazelwood, Webster Groves, Normandy, Ritenour, St. Charles and Ferguson-Florissant.
Stockley said the only thing he wished he would have done differently the day of the shooting was “take the day off.” “I don’t know how changing any number of my actions that day would have changed the outcome,” he said. He continued: “The decision to use force could be the most important decision you’ll ever make because it could be your last. And regardless of what happens, nobody wins.”
MULTIPLE INVESTIGATIONS Stockley resigned from the police department in 2013 after a 30-day suspension for carrying the AK-47 pistol on duty. He got a management job with an oil company in Texas. “I wanted to change careers,” he said. Internal affairs and FBI investigators investigated the shooting, but no charges were issued until May 2016, when thenCircuit Attorney Jennifer Joyce charged Stockley with first-degree murder. Stockley noted that three weeks earlier, demonstrators
had protested at Joyce’s home over her decision not to prosecute an officer in a different police shooting. Stockley said that may have prompted the action in his case. “Jennifer Joyce made an emotional decision for personal and political reasons, not a legal one,” he said Friday. Stockley was at his home in Houston when police arrived to arrest him. He said he was watching a movie with his wife when their power suddenly went out. He went outside to check the breaker, and noticed only his home was without power. He turned around to find several Houston police officers with guns drawn. He wondered whether there was some kind of mistake. Then, he said, he saw two St. Louis police officers. “That’s when I realized they were there for me and it wasn’t just a power outage,” he said. “I couldn’t believe it.” Stockley has remained in this area since then, as a condition of his bail. He spent his time consumed in the evidence of his case, studying scientific journals and research. His biggest fear about the trial, he said, was that the witnesses would bow to political pressure. “I feel a sense of relief that no one lied on the stand.” But the relief goes only so far. He said he feared for his life. During the hourlong interview, when anyone knocked at the door, Stockley put his hand on a gun he kept nearby. “My life has been in turmoil for some time. I’ve been in a holding pattern. I haven’t been able to be with my family. … I’m trying my best not to let this dictate my life.” Stockley said he missed being a police officer but didn’t plan to return to the profession. “For the past year and a quarter I’ve been completely focused on this case, and have never let my mind wander from that. I don’t really have a plan. “But if I did have one, I wouldn’t tell you.” Christine Byers • 314-340-8087 @christinedbyers on Twitter cbyers@post-dispatch.com
Media role in protests discounted by experts BY KURT ERICKSON St. Louis Post-Dispatch
JEFFERSON CITY • After coverage of the unrest in Ferguson came under scrutiny in 2014, Friday’s acquittal of a white police officer in the killing of a black motorist brought a round of reflection for media outlets serving St. Louis. By merely covering protesters angered and frustrated by the outcome of former St. Louis police Officer Jason Stockley’s trial in the death of Anthony Lamar Smith, is the media inflaming the event? Douglas McLeod, professor of journalism and mass communications at University of Wisconsin-Madison, said protests would happen with or without cameras and reporters present. “The frustration in St. Louis is going to happen today regardless of whether the cameras show up,” McLeod said. “They (protesters) are very angry because of conditions that have persisted a long time.” Earnest Perry, associate dean for graduate studies at the University of Missouri School of Journalism, agreed, saying a good advocate for a cause wants the public to know about the problems they are fighting. That’s part of the reason the protest is held in the first place. To properly cover a protest or planned protest, however, journalists must be careful not to make assumptions about what might happen. For example, Perry said reporters should not merely try to confirm a story that they’ve already written in their heads. “When we in the media focus on what our city officials are doing to control the violence, we’ve made an assumption that there will be violence,” Perry said. Similarly, just because reporters post pictures of a particular moment, it doesn’t mean they are endorsing or
criticizing the events unfolding before them. KSDK (Channel 5) released a statement saying valuable lessons were learned during the coverage of unrest in Ferguson that would help guide its coverage of any protests arising out of Stockley’s acquittal. “Our goal here at 5 On Your Side is to cover the story and not become part of the story,” the message noted. “We’ll try to avoid unnecessary hysteria and will only break into programming if there’s a threat to public safety or when public officials hold a news conference that they deem important to you.” On Friday, KTVI reporter Dan Gray was shoved and doused with water by protesters who said he shouldn’t be in the streets. “Get the (expletive) out of my movement,” a protester yelled at Gray. Later, Gray told the PostDispatch he was shaken. He said his boss told him to pull back if any violence occurred during the protests. “So, we’re leaving,” Gray said. Though both Perry and McLeod said the media tended to overestimate its role in protest coverage, others believe any attention paid to protesters can give them an outsized level of influence. In the wake of last month’s racially charged violence in Charlottesville, Va., for example, a conservative watchdog group cautioned about giving media attention to hate groups. “Giving all this attention to these guys only encourages them even more,” said Don Irvine, chairman of Accuracy in Media, in an interview on WJLA in Washington. “You give them this spotlight, they’re going to take advantage of it,” he said. Kurt Erickson • 573-556-6181 @KurtEricksonPD on Twitter kerickson@post-dispatch.com
STOCKLEY VERDICT
09.16.2017 • Saturday • M 2
ST. LOUIS POST-DISPATCH • A5
BREAKDOWN OF RULING BY JOEL CURRIER • St. Louis Post-Dispatch
Circuit Judge Timothy Wilson’s order finding ex-St. Louis patrolman Jason Stockley not guilty of first-degree murder in the 2011 shooting death of Anthony Lamar Smith focused on state laws for self-defense, police use of deadly force and evidence presented at trial. ¶ The key issue in the case, Wilson said, was whether the killing was “an intentional killing following deliberation by Stockley, or whether the shooting of Smith was a lawful use of deadly force by a police officer who was reasonably acting in self-defense.” Wilson’s major points include: SELF-DEFENSE
DEADLY FORCE
The state did not disprove beyond a reasonable doubt the defense claim that Stockley acted in self-defense. “It does not matter which side presents the evidence that supports the issue of self-defense. If there is evidence to support self-defense, the state has the burden of disproving the defense beyond a reasonable doubt.”
A police officer “is entitled to use deadly force where the officer reasonably believes the use of deadly force is necessary to effect the arrest and reasonably believes the person is attempting to escape by the use of a deadly weapon or may otherwise endanger life or inflict serious physical injury.”
“WE’RE KILLING THIS (EXPLETIVE)”
KILL SHOT
Though prosecutors contended that Stockley’s statement during the pursuit was proof of deliberation, it is apparent from video and audio that the chase was stressful. “People say all kinds of things in the heat of the moment or while in stressful situations.”
Prosecutors contended Stockley fired four shots at Smith, then paused, then fired a fifth “kill shot.” No witness testified to hearing a shot separated in time from a first group of shots. “Antonio French, a fact witness for the State, testified that the gun shots were in rapid succession and that one shot was not separated in time from the other shots.”
PRIOR RELATIONSHIP
AK-47 PISTOL
Wilson said he believed it was “significant” that Stockley and Smith did not know each other before Dec. 20, 2011. “… They had no prior history, there was no history between Stockley and members of Smith’s family and there was no basis in the evidence to suggest any pre-existing animosity by Stockley towards Smith. There was also no evidence that Stockley even knew who was being pursued.”
There was no evidence that Stockley fired this weapon. Stockley’s decision to carry his personal Draco AK-47 pistol in violation of his department’s policy “might be a matter for department discipline” but was “not relevant to the criminal charges here.”
PLANTING A GUN
DNA ON REVOLVER
The evidence did not support prosecutors’ claim that Stockley planted the .38-caliber Taurus revolver in Smith’s car. “The gun was a full-size revolver and not a small gun, such as a derringer, that can fit in the palm of one’s hand or in the side pocket of a pair of pants without being obvious.” The gun was too large to fit entirely in any of the pants he was wearing and would have been visible if tucked into Stockley’s belt. No officers standing by testified to seeing Stockley plant a gun in the Buick.
Prosecutors’ argument that the presence of Stockley’s DNA on the revolver and the absence of Smith’s proved it was planted “is refuted by the state’s own witnesses. Two DNA analysts testified that the absence of someone’s DNA on a gun doesn’t mean that person did not touch it. Finally, the court observes, based on its nearly thirty years on the bench, that an urban heroin dealer not in possession of a firearm would be an anomaly.”
PARTNER’S ACTIONS
REMOVAL OF GLOVES
Brian Bianchi was an inexperienced police officer with about 1½ years on the force. Trying to use Bianchi’s “actions or inactions” to prove Stockley didn’t act in self-defense “is not a reliable endeavor, and would amount to mere speculation.” In addition, Stockley did not immediately perceive Smith as a threat, “but only after 15 seconds had passed during which Smith was ordered to show his hands and open the door, and only when Stockley believed Smith had located the gun.”
The state’s contention that Stockley removed his gloves before entering his police SUV to retrieve what the state alleged was a revolver that he then planted in Smith’s car “makes no sense.” “The gloves he removed were winter gloves” and “it makes sense that a person would remove winter gloves when searching for something inside a personal bag.”
SMITH’S WOUNDS
‘NOT FIRMLY CONVINCED’
The state did not answer “how Smith could have been shot in the left lower abdomen by a person standing outside the car if Smith was simply sitting in the driver’s seat.” A pathologist testified at trial that the wounds in Smith’s left flank “could indicate Smith was reaching for something to his right at the time the wounds occurred,” which “would be consistent with Stockley’s testimony.”
Wilson concluded that he was “not firmly convinced” of Stockley’s guilt, which is required to convict: “Agonizingly, this court has pored over the evidence again and again. This court has viewed the video evidence from the restaurant’s surveillance camera, cameras in the police video, and the cell phone video by the lay witness, over and over again — innumerable times.” Wilson said he did not consider convictions on lesser charges because the state asked him only to rule on first-degree murder and armed criminal action, and not lesser charges such as second-degree murder, voluntary or involuntary manslaughter.
A6 • ST. LOUIS POST-DISPATCH
STOCKLEY VERDICT
M 1 • Saturday • 09.16.2017
ANGER AND DISBELIEF St. Louis Circuit Judge Timothy Wilson announced a not-guilty verdict Friday morning in the murder trial of former St. Louis police Officer Jason Stockley, setting off hours of protests in St. Louis, centered mainly downtown and in the Central West End. Stockley killed suspect Anthony Lamar Smith in 2011. SEE MORE PHOTOS AND WATCH VIDEOS AT STLTODAY.COM
LAURIE SKRIVAN • lskrivan@post-dispatch.com
Mackenzie Marks of St. Louis has her eyes washed out after being peppersprayed while protesting Friday near City Hall. “They boxed us in and started pepper-spraying us,” Macks said. “(Expletive) the police.”
LAURIE SKRIVAN • lskrivan@post-dispatch.com
Lala Moore of Ferguson sits in the “Mike Brown Mobile” at a press conference Friday with clergy and activists near Acme and West Florissant avenues. “I can’t even wrap my mind around what is happening,” said Moore, who has been active in the protest movement since Brown’s death.
ROBERT COHEN • rcohen@post-dispatch.com
The Rev. Chris Collins (center) prays with other clergy in the middle of Tucker Boulevard and Market Street after the not-guilty verdict Friday in the 2011 killing of Anthony Lamar Smith by former St. Louis police Officer Jason Stockley.
LAURIE SKRIVAN • lskrivan@post-dispatch.com
Meldon Muffitt of Ferguson yells at Fox 2 journalist Dan Gray. Protesters chased him and a camerawoman away from covering the demonstrations Friday.
LAURIE SKRIVAN • lskrivan@post-dispatch.com
Restaurant patrons turn their attention to hundreds of people marching Friday along Euclid Avenue in the Central West End.
CHRIS LEE • clee@post-dispatch.com
Police spray protesters with pepper spray at Tucker Boulevard and Clark Avenue during protests Friday in St. Louis.
STOCKLEY VERDICT
09.16.2017 • Saturday • M 2
ST. LOUIS POST-DISPATCH • A7
A TIMELINE OF EVENTS 12/20/2011
2/6/2012
8/9/2016
9/1/2017
St. Louis police shoot, kill Anthony Lamar Smith after chase Police say an officer shot and killed a drug suspect, Anthony Lamar Smith, at West Florissant and Acme avenues. Two officers see what they believe to be a drug transaction near a fast-food restaurant. Smith drives away, and the officers chase him.
Smith’s daughter files federal suit The suit says that Smith was seriously injured in the crash and was disabled and unarmed and posed no threat to anyone when Stockley shot him. It also claims that Stockley did not inquire or investigate whether Smith was armed.
Federal judge orders records involving Stockley to remain sealed The circuit attorney argues that releasing records could be used by defense attorneys to seek change of venue and jeopardize the right to a fair trial for defense and prosecution.
Anticipation grows ahead of verdict in murder trial; lawyers highlight evidence Barricades go up around downtown courthouses and city police headquarters. Officials say they don’t know when a verdict will be announced but are taking precautions in case of protests.
12/20/2011
Family gathers at hospital Smith is taken to a hospital, where he is pronounced dead. A group of about 20 friends and family who are upset about the shooting gather outside the hospital.
12/20/2011
In memo describing shooting, officer says Smith was holding a gun Police Officer Jason Stockley, who shot Smith, writes: “Before (the car struck) me, I observed, in plain view in the subject’s hands while resting on the passenger seat, a silver handgun. The handgun was pointing up and towards me.”
12/20/2011
Stockley’s partner describes the scene Stockley’s partner Brian Bianchi writes that “I observed the subject’s right hand in between the console and the passenger seat” and that despite police instructions to show both hands, Smith didn’t. Read the description at stltoday.com.
12/22/2011
St. Louis police concerned about threats The department asks officers to be especially watchful after graffiti appearing to threaten officers is scrawled on the restaurant where police said they saw a drug transaction and started chasing Smith.
12/22/2011
Vigils for Smith Smith’s family hold vigils to remember him.
1/5/2012
Police sergeant describes shooting scene “I observed several unknown pedestrians coming underneath the police tape, yelling and taunting those officers (near Smith’s car) by calling the police ‘Murderers.’ ”
2/3/2012
Lawyer says St. Louis police shot Smith while he was pleading for his life The lawyer also claims the officer brandished what appeared to be an AK-47 pistol at one point but did not fire it. Police policy requires officers to use only department weapons, which do not include that type.
5/22/2012
8/15/2016 ERIK M. LUNSFORD • elunsford@post-dispatch.com
Video plays major role in investigation A police car video plays a key role in a review of events. In it, Stockley is seen holding — but not using — an unapproved AK-47-style assault rifle while trying to arrest Smith. Videos from the police car are not publicly released for another four years.
Investigators gather Dec. 20, 2011, at the scene of a police chase, crash and a fatal shooting of Anthony Lamar Smith by St. Louis police Officer Jason Stockley.
8/29/2016
Stockley’s partner loses immunity offer Prosecutors rescind their promise of immunity for Bianchi.
9/21/2016
10/1/2012
Joint investigation with FBI concludes Dan Isom, who was police chief when the shooting happened, asked in 2011 for an FBI investigation, which ended without prosecution. Then-U.S. Attorney Richard Callahan says that the FBI and his office concluded its investigation in 2012 but that he forwarded the case to the Department of Justice’s Civil Rights Division.
Stockley pleads not guilty The grand jury upholds the original charge of first-degree murder in the indictment.
Anthony Lamar Smith, who was fatally shot Dec. 20, 2011, holds his daughter in an undated family photo.
HUY MACH • PD
Christina Wilson and her daughter Autumn Smith, 6, are photographed on May 17, 2016.
New videos, photos, documents provide fresh look at 2011 police killing Video from Stockley’s police SUV and surveillance footage from Church’s Chicken, obtained by the Post-Dispatch, provide the most complete picture yet of a shooting in which the former St. Louis police officer is charged with murder. Read more on stltoday.com.
5/19/2017
Stockley resigns from St. Louis police He joined the department in 2007, after serving a 15-month tour in Iraq with the Army.
Stockley’s partner is ordered to produce statements Statements made by Bianchi must be turned over to prosecutors under seal in the pending case, a St. Louis judge rules.
12/17/2013
8/2/2017
8/16/2013
City settles wrongful-death lawsuit Smith’s daughter receives $900,000; the department and officers named in the suit admit no wrongdoing. The pact is one of the largest wrongful-death settlements stemming from a police shooting in the city’s history.
DENISE HOLLINSHED • dhollinshed@post-dispatch.com
Graffiti on a Church’s Chicken on Riverview Boulevard on Dec. 21, 2011, a day after Smith was fatally shot nearby.
4/25/2016
Activists want murder charges against Stockley About a dozen activists gather at City Hall to call for a murder indictment against Stockley.
8/3/2017
5/16/2016
Stockley arrested, charged with first-degree murder Stockley is arrested and charged with first-degree murder.
5/16/2016
Probable cause statement reveals more details Investigators say Stockley can be heard saying “going to kill this (expletive), don’t you know” during the chase, before he shot Smith.
5/20/2016
St. Louis police union calls for special prosecutor The union’s business manager, Jeff Roorda, says members want a special prosecutor because they believe the prosecutor’s motives in filing a first-degree murder charge are political and not in the interest of justice.
Opening statements: Smith ‘didn’t deserve to die;’ Stockley acted reasonably Testimony includes a longtime friend of Smith’s who was at the fast-food restaurant where the chase started; a nightclub owner who recorded video of the aftermath of the shooting; and five police officers. Read more at stltoday.com.
CRISTINA M. FLETES • cfletes@post-dispatch.com
Jason Stockley stands with his mother after he was released from the St. Louis Justice Center on June 1, 2016.
6/1/2016
6/23/2016
Stockley out on bail Former Officer Stockley slips out of the back door of the St. Louis Justice Center downtown. The St. Louis Police Officers Association puts up the necessary $100,000, 10 percent of his $1 million bail.
Attorney claims city and state withheld evidence in civil case against Stockley The attorney wants the city to reopen mediation. The city’s prosecutor and U.S. attorney for the region were unaware of the cellphone video given to the Post-Dispatch earlier in June.
6/3/2016
Cellphone videos show aftermath of 2011 St. Louis police shooting A sequence of cellphone videos surfaces, providing a record of the scene immediately after Stockley fatally shot Smith.
7/27/2016
Stockley’s partner is given immunity, ordered to testify Bianchi, Stockley’s partner during the shooting incident, is granted immunity from prosecution after refusing to answer a grand jury’s questions.
In Stockley murder trial, prosecutor questions actions at crime scene “In a situation where an officer shot a man in a car, is the officer who did the shooting supposed to get in the car while the other nine watch?” a prosecutor asked a witness.
8/4/2017
State close to resting case Testimony comes from a St. Louis homicide detective, an FBI firearms analyst, a former internal affairs investigator and two St. Louis Police Department crime lab analysts.
8/8/2017
Stockley testifies; defense rests Stockley testifies that he feared Smith was going to shoot him.
9/3/2017
Smith’s fiancée, daughter urge ‘calm and patience’ in response to verdict “Regardless of the verdict, the commitment of the state to prosecute Mr. Stockley is, in itself, an important part of all that is justice,” an attorney says in a news release.
9/5/2017
St. Louis mayor urges calm “Try to understand the reactions of others and be open to what we don’t understand in other’s reactions,” Lyda Krewson says. “Ask ourselves how we might feel if it was our son, daughter, mom, dad, or friend at the center of this legal decision.”
9/6/2017
Governor says National Guard may be activated “Everyone has a right to peacefully protest in this country. There’s a big difference, though, between someone who is peacefully protesting and engaging in vandalism,” Gov. Eric Greitens says.
9/8/2017
Clergy to judge: ‘The blood will be on your hands’ if Stockley is acquitted A group of clergy and activists who are calling for the firstdegree murder conviction of Stockley deliver a warning to the judge in the case.
9/12/2017
St. Louis black police union calls for conviction “The Ethical Society of Police understands that this case may cause public frustration and we respect the citizen’s right to protest,” according to a statement from the union. “However, we do not condone any violence regardless of the court’s decision.”
9/14/2017
I ask for peace, Smith fiancée pleads Christina Wilson, Smith’s fiancée, appears at a news conference with Greitens to ask protesters to avoid violence if they demonstrate.
9/15/2017
Stockley is found not guilty of murder Former St. Louis police Officer Jason Stockley is found not guilty of murdering a man while on duty.
Community leaders react to verdict, ask for peace BY DOUG MOORE St. Louis Post-Dispatch
The not-guilty verdict in the trial of former St. Louis police Officer Jason Stockley brought a flurry of response from local leaders including St. Louis interim police Chief Lawrence M. O’Toole, who said his department was committed “to ensuring every citizen’s First Amendment rights. “However, we are equally committed to enforcing the laws of our city while upholding our core values of service, integrity, leadership and fair treatment to all,” O’Toole said. “We will continue our mission to strengthen community relationships and implement meaningful reforms that build trust among the citizens we serve.” Stockley was acquitted in the murder of Anthony Lamar Smith during a traffic stop in 2011. “While we know emotions are running high, our No. 1 priority is protecting and serving our citizens,” O’Toole said. “We ask that citizens who choose to demonstrate, do so peacefully.” St. Louis Mayor Lyda Krewson said she was “appalled” at what happened to Smith and “sobered by this outcome. Frustration, anger, hurt, pain, hope and love all intermingle.” “We are all St. Louisans,” she said. “We rise and fall together.” Gov. Eric Greitens said state officials had been in contact with city and St. Louis County officials, and stood ready to help. “I’m committed to protecting everyone’s constitutional right to protest peacefully,
while also protecting people’s lives, homes, and communities,” Greitens said in a statement. “For anyone who protests, please do so peacefully.” In a statement, Circuit Attorney Kim Gardner said she was disappointed with Circuit Judge Timothy Wilson’s decision. “While officer-involved shooting cases are extremely difficult to prevail in court, I believe we offered sufficient evidence that proved beyond a reasonable doubt that Jason Stockley intended to kill Mr. Smith. However, in this case it was the judge’s duty to evaluate the evidence and deliver his findings. That’s how our system works. I’m very proud of my team’s effort and commitment to the pursuit of justice on behalf of Mr. Smith’s family and the people of St. Louis.” Gardner said she was calling for an independent investigative body that works under the supervision of the circuit attorney that is solely dedicated to investigating the 25 cases that are under review by her office. Al Watkins, attorney for Smith’s fiancée and daughter, talked with reporters outside the courthouse shortly after the verdict was made public. “I find the ultimate disposition, the ruling, to be appalling, appallingly contrary to all of the evidence that was present, the evidence introduced into the record as an official entry into this case,” he said. “Quite frankly, the family clearly is sorely disappointed. The community will be sorely disappointed and all that we can hope for and pray for is that there is peace in the days to come rather than what we unfortunately fear may occur.”
Responses from political leaders ranged from cautious to condemning. Sen. Roy Blunt, R-Mo., called the verdict “a difficult day” for the Smith family “and for all St. Louisans who sought a different outcome in this case. The response to this verdict will have a lasting impact not just on the community, but the country.” Sen. Claire McCaskill, D-Mo., said the events in Ferguson “shook our region to its core and forced us to face some tough realities. But since then, our law enforcement and the families and businesses they serve have begun talking and hearing each other. “We can’t let today’s decision send us back to our respective corners. I know if we continue to have hard conversations in a candid, peaceful, and constructive way, we can make the kind of progress everyone in our state craves and deserves.” State Sen. Jamilah Nasheed, a Democrat, tweeted that the verdict “lays bare the integrity and accountability missing from our justice system.” She said she stood with “peaceful protesters, clergy and activists whose voices rise up, demanding justice for us all.” A joint statement from ArchCity Defenders, St. Louis Action Council and Missourians Organizing for Reform and Empowerment criticized Wilson’s decision. “Grieving families who lose loved ones at the hands of police officers all too often seek justice from a legal system that instead protects their loved ones’ killers,” the statement said. “We saw this play out today in Jason Stockley’s case. This devastating verdict reinforces the message that law enforcement
can use fatal, excessive force against communities of color and turn to the courts for protection. “Three years after the Ferguson uprising, St. Louis finds itself in the same place. The continued disregard for black life and the failure to hold police accountable creates heightened tensions between police and the community.” City Treasurer Tishaura Jones said Wilson’s “decision leaves me with more questions than answers. Officer Jason Stockley yelled he would kill Smith on a recording less than a minute before ultimately doing so, yet he walks out of court today a free man.” St. Louis Archbishop Robert Carlson said that if the region wants peace and justice, “we must come together as a community through prayer, mutual understanding and forgiveness. While acknowledging the hurt and anger, we must not fuel the fires of hatred and division.” Mark S. Wrighton, chancellor of Washington University said he was “struggling with the outcome” and “what it means for our region.” “It is my hope that the emotional jolt from today’s decision brings peaceful and constructive movement forward,” Wrighton said. “And I hope for demonstrable, meaningful action in addressing the deep-seated issues, disparity and social inequity in our region. We are as determined as ever to work toward that goal.” Doug Moore • 314-340-8125 @dougwmoore on Twitter dmoore@post-dispatch.com
A8 • ST. LOUIS POST-DISPATCH
STOCKLEY VERDICT
M 2 • Saturday • 09.16.2017
CLASHES INTENSIFY
PHOTOS BY ROBERT COHEN • rcohen@post-dispatch.com
Armed protesters march on Tucker Boulevard as a man from a boarded-up Globe Cleaners (left) watches through the doorway Friday after the not-guilty verdict in the killing of Anthony Lamar Smith by former St. Louis police Officer Jason Stockley. PROTESTS • FROM A1
had earlier called “very tense,” after the acquittal of a white police officer in the shooting death of a black drug suspect sparked hours of rock-throwing and flag burning by protesters and pepper-spraying and arrests by police. At least four police officers sustained minor injuries during the day in downtown confrontations and more than a dozen people were arrested for incidents including the smashing of a police vehicle windshield. It was a relatively low level of violence during the day, but one that police worried could escalate as night fell. “Of course, that’s the fear,” St. Louis Acting Police Chief Lawrence O’Toole told reporters in a late-afternoon news conference. “And it’s a reasonable fear.” By then, protesters were moving to the Central West End, where a march swelled to more than a thousand people as it moved through the neighborhood toward Krewson’s home. The protests began after the morning announcement of the verdict in the murder trial of former police Officer Jason Stockley, found not guilty of first-degree murder in the 2011 shooting death of Anthony Lamar Smith. Immediately after the verdict, activist Anthony Shahid stood outside the courthouse downtown. “This is what you call white privilege. This is what you call unconstitutional,” Shahid said. “This is what you call human rights being violated. ... They’re treating us like straight (racial epithet), rats and roaches.” “We are saddened, we are frustrated and quite frankly we are pissed off,” said St. Louis Alderman John Collins-Muhammad. “Until black people in this city get justice, until we get a seat at the table, there will be no peace in this city.” Scattered morning protests downtown were generally nonviolent, with police going out of their way to give marchers space, often blocking off traffic to let them pass. One group tried to get up the on-ramp to westbound Highway 40 (Interstate 64), but about 30 police officers with bikes blocked their access. Later, while hundreds of people still chanted peacefully, others blocked an on-ramp to Interstate 64 and some threw bottles and trash toward police. Police pepper-sprayed protesters as they tried to block police from traveling in vehicles on Tucker Boulevard between Clark Avenue and Spruce Street. “We were standing our ground, so the (vehicles) wouldn’t go forward,” said Maleeha Ahmad, 29, with the white pepper spray splattered across her face. Protesters jumped on a police SUV near the corner of Tucker and Clark and smashed its windshield. Police officers, some in black riot gear and holding police shields, approached the crowd as demonstrators shouted expletives at them and threw water
Dontey Carter buries his face in his hands in front of the Carnahan courthouse Friday after encouraging protesters to take action after the notguilty verdict in the fatal shooting of Anthony Lamar Smith by then-St. Louis police Officer Jason Stockley on Dec. 20, 2011.
bottles. One male was arrested. As the day wore on, clashes between protesters and police intensified: • Police pepper sprayed demonstrators at Tucker Boulevard and Clark Avenue downtown as they declared a protest as “no longer peaceful.” Greg Harvey, 28, a producer with KMOX, said police told him to move out of the street, shoved him then pepper sprayed him while people were protesting peacefully. “God, it burns so bad,” Harvey said. • Some protesters walked to city police headquarters at 1915 Olive Street, and called for police resignations and an economic boycott on St. Louis. Police didn’t come outside the locked building to address the group. “They won’t get no rest until we get some justice,” a protest leader known as Pastor Doug said through a megaphone. “We are shutting down every big event this weekend.” • Protesters tried to get into America’s Center, some banging on windows, but were stopped by other protesters. • At 13th Street and Washington Avenue, protesters threw chairs that had been set up for an event in front of the St. Louis Public Library. • By nightfall, protesters had moved to the Central West End, where hundreds marched south on Kingshighway toward Highway 40. Some chanted: “If you kill our kids, we kill your economy!” Police and Missouri state troopers blocked the interstate ramps, and the march turned back north. The march grew as it moved through the neighborhood. • Some protesters burned an
American flag on a knoll near the interstate, leading to a heated argument between factions of protesters. • Multiple Central West End venues had windows shattered, including Evangeline’s Bistro and Music House, Culpeppers grill and the St. Louis Public Library’s Schlafly Branch. Police said a total of eight officers were injured through the day, the most serious one of the officers struck by bricks in the Centeral West End. Gov. Eric Greitens issued a statement as the protests flared late Friday: “Unfortunately, we did have some people who decided to engage in acts of violence,” he said. “Assaulting a law enforcement officer is not a peaceful protest. Breaking windows is not a peaceful protest. Destroying and vandalizing police cars is not free speech, and we are not going to tolerate it in the state of Missouri.” A joint statement from the protest groups criticized city officials’ response to the protests, saying they were demonizing protesters by “preemptively bemoaning violence and civil unrest, calling instead for peace.” “True peace requires justice, and there was nothing just about today’s verdict,” said the statement, which decried “the city’s spin that we the protesters are the violent ones. “While our communities grieve, we are demonized. While we stand in bold assertion of our constitutional rights, we are criminalized.” Nassim Benchaabane, Jesse Bogan, Mike Faulk, Erin Heffernan, Joe Holleman, Denise Hollinshed, Jeremy Kohler, Kevin McDermott and Ashley Lisenby contributed to this report.
REACTION TO THE VERDICT “Justice has been cruelly denied for Anthony Lamar Smith’s family and this community. I stand in total solidarity with them in expressing my absolute outrage at this verdict.” Rep. William Lacy Clay, D-Mo.
“We know this verdict causes pain for many people.” Gov. Eric Greitens
“I encourage St. Louisans to show each other compassion, to recognize that we all have different experiences and backgrounds and that we all come to this with real feelings and experiences.” Mayor Lyda Krewson
“I can’t imagine, considering the evidence made public, that Stockley was not found to be guilty of committing a crime. The community has the right to be frustrated by the decision and should exercise their right to protest this decision. But, we cannot resort to actions that will set us back further as a community.” Lewis Reed, president of the St. Louis Board of Aldermen
“We can’t let today’s decision send us back to our respective corners. I know if we continue to have hard conversations in a candid, peaceful and constructive way, we can make the kind of progress everyone in our state craves and deserves.” Sen. Claire McCaskill, D-Mo.
“If this verdict is met with violence and destruction, it will do nothing but reignite the fear and anger that law enforcement and community leaders have worked tirelessly to address since Ferguson. If it is met with a renewed commitment to continuing the work that is needed to rebuild trust between law enforcement and those they serve, it will show the world how we, as Americans, move forward.” Sen. Roy Blunt, R-Mo.
“Reject the false and empty hope that violence will solve problems. Violence only creates more violence. We must work together for a better, stronger, safer community, one founded upon respect for each other, and one in which we see our neighbor as another self.” St. Louis Archbishop Robert Carlson
STOCKLEY VERDICT
09.16.2017 • Saturday • M 2
ST. LOUIS POST-DISPATCH • A9
HURT, PAIN AND HOPE
PHOTOS BY CHRISTIAN GOODEN • cgooden@post-dispatch.com
Demonstrators hold a sit-in at Maryland Plaza in the Central West End on Friday after Jason Stockley was found not guilty in the 2011 fatal shooting of Anthony Lamar Smith.
testified he found a loaded revolver shoved between the center console and passenger seat. Lab tests of the gun revealed only Stockley’s DNA. A plastic bag of heroin seized from the car had Smith’s DNA but not Stockley’s.
STOCKLEY • FROM A1
mayor. Early Friday, protesters tried to block officers from traveling on Tucker Boulevard between Clark Avenue and Spruce Street. Police used pepper spray to clear the roadway as protesters hollered, chanted and held up signs. “My goal is to resist the power of the state,” said the Rev. Renita Lamkin Green, pastor of St. James African Methodist Episcopal Church in Cape Girardeau, after standing in front of the line of police. “The power of the people is greater than the power over the people.” About 5:30 p.m., police said the downtown protests were no longer considered peaceful, and they asked people to leave. Protesters soon moved to the Central West End, where more than 1,000 marched on Euclid Avenue and on Kingshighway near Highway 40 (Interstate 64). Later Friday night, protesters gathered outside the home of Mayor Lyda Krewson in the Central West End, breaking windows. Krewson did not appear to be home. Two officers were hit by bricks thrown by protesters in the area and were taken to hospitals, police said. At least six other officers sustained minor injuries throughout the day, and more than a dozen people were arrested, police said. Gov. Eric Greitens praised law enforcement and peaceful protesters, but warned: “Violence will not be tolerated.” “Unfortunately, we did have some people who decided to engage in acts of violence,” he said after meeting law enforcement officials in St. Louis. “Assaulting a law enforcement officer is not a peaceful protest. Breaking windows is not a peaceful protest. Destroying and vandalizing police cars is not free speech, and we are not going to tolerate it in the state of Missouri.” Activists, with support from some of the city’s black clergy, had pledged disruptive protests ahead of Wilson’s verdict. Wilson addressed such statements in his order: “A judge shall not be swayed by partisan interests, public clamor or fear of criticism.” Damone Smith, 52, an electrician headed to work, was among the motorists being rerouted from the protest area. “I think the verdict is disgusting,” said Smith, who is black. “I’m proud of these people protesting. If you look like me, then you feel like there is no other way to express yourself in the face of this kind of verdict. Time and time again, AfricanAmerican men are killed by police and nobody is held accountable.” In an exclusive interview with the PostDispatch, Stockley said: “I can feel for and I understand what the family is going through, and I know everyone wants someone to blame, but I’m just not the guy.”
RULING EXPLAINED The judge explained his rationale for the verdict in a 30-page document filed about 8:30 a.m. Friday. “This court, as the trier of fact, is simply not firmly convinced of defendant’s guilt. Agonizingly, this court has pored over the evidence again and again. … This court, in conscience, cannot say that the state has proven every element of murder beyond a reasonable doubt or that the defendant did not act in self-defense.” Because the state failed to prove Stockley did not act in self-defense, Wilson wrote that he could not address lesser charges of homicide or manslaughter. Circuit Attorney Kim Gardner said at a news conference that she was disappointed with the decision.
THE DNA
Kevin Shotwell of Breckenridge Hills protests with his son Kevon, 9, in front of police at the on-ramp to eastbound Interstate 64 at Kingshighway on Friday. “He’s always wanted to be a police officer,” Shotwell said about his son. “I don’t discourage it because he can make a difference.”
“While officer-involved shootings are very hard to return a guilty verdict, I am confident that we presented sufficient evidence at a trial to prove beyond a reasonable doubt that Jason Stockley was guilty of murder in the first degree,” Gardner said. “But at the end of the day, it was the judge who served as the finder of fact. … I must respect Judge Wilson’s decision, but I stand by the evidence we presented in court.” Krewson released a statement after the verdict saying, “I am appalled at what happened to Anthony Lamar Smith.” “I am sobered by this outcome. Frustration, anger, hurt, pain, hope and love all intermingled. I encourage St. Louisans to show each other compassion, to recognize that we all have different experiences and backgrounds and that we all come to this with real feelings and experiences,” she wrote. Krewson’s comment drew a rebuke from Neil Bruntrager, Stockley’s attorney. “How do you promote all those things by creating distrust in a system that clearly worked under these circumstances?” Bruntrager said. “It is irresponsible and a disservice to the community to make statements like that. … And it falsely encourages the belief that an injustice was done here when in fact justice was done.” More than a month has passed since Stockley’s bench trial ended, a case that has rekindled racial tension not seen in St. Louis since the Ferguson uprising and police killing of VonDerrit Myers Jr. in the second half of 2014. Ahead of the verdict — and the threat of violent protests — Greitens took steps to activate the National Guard, although it did not appear to be involved in front-line work Friday.
A KILL SHOT? Stockley, 36, whose home is now Houston, was charged last year with first-degree murder and armed criminal action in the death of Smith, 24. The chase began when Stockley and his partner Brian Bianchi tried to arrest Smith for a suspected drug deal at a Church’s Chicken at Thekla Avenue and Riverview Boulevard and ended when the officers rammed Smith’s car at West Florissant and Acme avenues. The decision in the trial was Wilson’s alone because Stockley waived his right to a jury trial. Bianchi did not testify and was not charged. Prosecutors said Stockley carried out the premeditated murder of Smith by shooting him five times at close range and then planting a .38-caliber revolver in Smith’s Buick after police pulled Smith’s
body from the car. They asserted that a “kill shot” was fired at close range after the first four shots were fired in close succession and struck Smith in the shoulder. Defense attorneys said Stockley had acted “reasonably” in self-defense in killing a drug suspect he believed was reaching for a hidden handgun. Wilson quoted Dr. Gershom Norfleet, who performed the autopsy on Smith, in his ruling saying, in part, “The wound on the shoulder would not have caused Smith’s death and to call it a ‘kill shot’ would be wrong.” “An obvious question the state made no attempt to answer was how Anthony Smith could have been shot in the left lower abdomen by a person standing outside the car if Smith was simply sitting in the driver’s seat. Dr. Norfleet testified that the wounds in Smith’s left flank could indicate that Smith was reaching for something to his right at the time the wounds occurred.” Wilson also noted that there was no evidence to support the state’s contention that there was a gap in time between any of Stockley’s shots. During the chase, Stockley shouted commands to Bianchi, who drove their police SUV while chasing Smith through the Walnut Park neighborhood at speeds approaching 90 mph. Amid sirens, engine noise and squawking radio traffic, Stockley can be heard on an in-car camera video telling Bianchi “Gonna kill this (expletive), don’t you know it.” Prosecutors argued the statement proved Stockley’s “cool reflection” of his intent to kill Smith. But Wilson called the events “dangerous, highly stressful and frenetic ... the antithesis of a ‘cool’ anything, much less reflection.” In the trial, Stockley didn’t deny making the statement but said he couldn’t remember uttering it and therefore couldn’t explain its meaning or context. After the shooting, in-car camera footage shows Stockley sorting through a duffel bag. Prosecutors alleged he was getting a gun to plant on Smith. Wilson wrote, “Stockley does not have anything in either hand during the brief periods his hands are in view on this video, immediately before he exits. The video does not show defendant trying to stealthily recover a revolver and conceal it on his person.” With some 10 city and county police officers standing near Smith’s crashed car, a bystander’s cellphone video showed police pulling Smith’s body from the car shortly before Stockley climbed inside. Stockley
Wilson devoted nearly two pages of his 30-page ruling to discussion of the DNA found on the gun police said they found inside Smith’s car, saying three scientists that testified at trial said their analysis did not conclude that Stockley’s blood was found on the gun as the prosecution asserted. Mary Ann Kwiatkowski, a supervisor at the biology section for the police department, “could not say there was blood on the gun, and that the absence of a person’s DNA on a gun does not mean that person did not touch the gun. She reiterated that if DNA is not found on a gun, all she can say is that there is no DNA there, not that someone did or did not touch the gun,” Wilson wrote. He also said that after 30 years of experience on the bench, “an urban heroin dealer not in possession of a firearm would be an anomaly.” Smith had been released from prison in May 2011, about seven months before his death. In 2010, he had pleaded guilty to weapon and drug charges and was sentenced to five years in prison. He also pleaded guilty to a theft charge from a Ferguson case and was sentenced to three years. He served 16 months in prison. The investigation into Smith’s shooting lay dormant for years after it was reviewed by state and federal prosecutors without criminal charges until then-Circuit Attorney Jennifer Joyce charged Stockley, citing new, unspecified evidence. Prosecutors still have never said what the new evidence was; the defense claimed in closing arguments Aug. 9 that there had been no new evidence in the case since 2012. In a text message to the Post-Dispatch Friday, Joyce said only: “I’m confident that the citizens understand why this case was prosecuted.” In an interview, Bruntrager called Joyce’s decision to bring charges against Stockley “an intentional misrepresentation of the facts.” “This was reckless, bringing a case like this where we are today, with the city on the brink, people are afraid, businesses are closing down, schools are closing down, this is why we are where we are today. Why give people false hope?” In 2013, the city paid Smith’s fiancée and daughter a $900,000 settlement stemming from a civil suit. Their attorney, Albert Watkins, has called for the reopening of the lawsuit, claiming the city and state attorneys withheld copies of reports showing only Stockley’s DNA on the revolver. “Quite frankly, the family clearly is sorely disappointed,” Watkins said outside the courthouse Friday morning. “The community will be sorely disappointed, and all that we can hope for and pray for is that there is peace in the days to come.” Smith’s mother, Annie Smith, said at a news conference that the judge’s decision was wrong. “They keep asking me about justice and peace. OK, I ain’t got no justice. I can never be at peace. How could I be at peace with all the officers still out here that killed my child,” she said. “My soul is burning and my heart is broken. I could never be at peace.” Jeremy Kohler of the Post-Dispatch contributed to this report Joel Currier • 314-621-5804 @joelcurrier on Twitter jcurrier@post-dispatch.com