Judge rejects mistral motion for Liang

Updated: 2016-04-15 04:57

(China Daily)

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A New York judge on Thursday rejected a mistrial motion for ex-New York City police officer Peter Liang, who was convicted of manslaughter in the fatal shooting of an unarmed man in the stairwell of a public housing project.

Supreme Court Justice Denny Chun's ruling means that Liang will be sentenced on April 19 for shooting Akai Gurley in the stairwell of a Brooklyn housing project in 2014. Brooklyn District Attorney Kenneth Thompson has recommended Liang, 28, serve no prison time.

Liang was on a routine vertical patrol, opened a door to the stairwell and accidentally fired his weapon. The bullet ricocheted and struck Gurley, who died at the scene.

Liang's attorneys argued last week that juror Michael Vargas told lawyers during the jury selection process that no one in his family had been accused of a crime. But after the verdict, he told a newspaper that his father was sent to prison for accidentally shooting a friend to death. Liang's sentencing was delayed while the judge listened to both sides.

Liang's sentencing was delayed due to the revelation that juror Michael Vargas had failed to disclose that his father had served seven years in prison for manslaughter. Liang's attorneys then found Facebook posts in which Vargas criticized police.

Prosecutors then found comments from Vargas's Facebook this year in which he spoke positively about police.

After a two-day hearing on the juror, Chun found that Vargas had not deliberately lied.

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