Two former East Point police officers will appeal their convictions in the stun-gun death of a black man, with one of their attorneys asserting Friday that the prosecution presented inconsistencies that should overturn the verdicts.
William McKenney, who represents former Cpl. Howard Weems, said his appeal will focus on prosecutors' inability to conclusively prove their case in the death of Gregory Lewis Towns in April 2014.
“All three of their experts disagreed on the cause of death,” McKenney told The Atlanta Journal-Constitution on Friday. “You’ve got to give a jury a consistent opinion.”
McKenney asserted that Towns, who was 24 and weighed 281 pounds, had been in poor health and had essentially caused his own death by overexerting himself as he fled from police during the incident.
The conviction of the two police officers a week ago drew national attention, coming at a time when police are coming under intense scrutiny for their conduct, especially in regards to their treatment of black men. In this instance, the two officers are black, as well.
Weems was sentenced to 18 months in prison on Wednesday for involuntary manslaughter, reckless conduct and violation of an oath by a police officer.
Former Sgt. Marcus Eberhart, however, was sentenced to life in prison for felony murder. He also plans to appeal the verdict, according to McKenney. The attorney for Eberhart could not be reached for comment Friday.
‘He did not deserve to die like this’
Prosecutors had argued that the officers shocked Towns 14 times, even after he was handcuffed and having a hard time breathing after being stunned. The repeated use of a stun gun on him, prosecutors said, was enough to kill him.
The defense had argued that Towns’ death was caused by a sickle cell trait, not the use of Tasers. They said the officers had the right to use the stun guns because Towns was not cooperating.
Eberhart’s attorney Sandra Michaels had said, “There is no known death from an X-35 Taser in drive-stun mode and there’s no reason to believe this is the first case ever.”
The drive-stun mode offers a lesser shock than the stun-gun’s “probe” mode, McKenney said.
Prosecutors said the officers were no longer upholding the law; they were breaking it.
“Gregory Towns was a father,” Assistant District Attorney Brett Pinion had said after the verdict. “He was a young man, he was 24 years old. He did not deserve to die like this.”
District Attorney Paul Howard added, “We have said all along that this did not have to happen. This young man was handcuffed in the rear. He was not resisting.”
On Friday, McKenney said that prosecutors for the Fulton County district attorney’s office had called three experts to speak on the cause of death, but each offered different causes as to what contributed to it. He said they pointed variously to electrocution, pain causing an adrenalin rush to the heart, and complications due to the sickle cell trait.
30 days to appeal
The events that led to Towns’ death began when police responded to a domestic incident at a condominium on April 11, 2014. Towns ran when police arrived, but Eberhart and Weems soon caught up with him as he was resting and trying to catch his breath about a mile from the complex, the AJC reported at the time.
Towns begged them to let him rest before arresting him, but they insisted that he get to his feet and walk to the patrol car yards away, according to reports. Towns fell down several times as he tried to walk out of a wooded area and across a creek.
Over the next 30 minutes, Towns, while handcuffed, was shocked with a Taser 14 times, the records said. Towns died at the scene.
The convicted officers have 30 days to file an appeal. McKenney said he must decide whether to request a new trial or take the case to the state Court of Appeals. He said he would make that decision after discussions with Eberhart’s attorney.
Police officers are rarely charged in regards to the death of a suspect. An AJC/Channel 2 analysis of fatal police shootings from 2010 through 2015 found that no officer had faced a criminal trial in more than 180 shootings.
Prosecutors have struggled to win convictions in other cases against police officers.
In early December, jurors deadlocked in the murder case of Michael Slager, the former South Carolina police officer charged with murdering Walter Scott. In a scene captured on video, Scott was fleeing when Slager fired five shots into his back. Slager said feared for his life.
Over the summer, three Baltimore police officers were acquitted of various charges in the death of Freddie Gray last year. Gray died of a neck injury he received as he was being transported in the back of a police wagon.
Even indictments of police officers are rare.
This month, a Henry grand jury concluded that Henry County Police Sgt. Patrick Snook was justified in shooting U.S. Air Force veteran David Powell. Powell had been armed, and Snook said he feared for his life and the lives of his fellow officers.
A DeKalb County grand jury indicted white Officer Robert Olsen in January. Olsen was accused in the death of Anthony Hill, a black man who was walking naked outside his apartment building when Olsen responded to a call about him. Olsen pleaded not guilty.
His trial has not been scheduled.
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