Testimony to continue Wednesday in case of former Kingsland officer accused of killing unarmed man

KINGSLAND, GA. — Day 2: Jury deliberates Zechariah Presley's manslaughter case

A jury is deciding the fate of former Kingsland police officer Zechariah Presley, who's facing voluntary manslaughter, involuntary manslaughter and oath of office violation charges for shooting and killing Tony Green in June 2018.

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The jury reconvened in court once Thursday to review video evidence before deciding to suspend deliberations for the day. Deliberations will resume Friday morning.

CLOSING ARGUMENTS: The defense

The defense asked the jury to consider the totality of the evidence, which they say proves Green had attacked Presley and shows Presley felt Green was trying to kill him when he fired his gun.

The defense argued Green got on top of Presley and tried to reach for his duty belt in the seconds before shots were fired.

Over the course of the trial, the defense showed pictures of the back of Presley's shirt appearing to be dirty as evidence of the fight.

They say Green did not get off of Presley until he used his Taser, causing Green to run out of Presley's sight.

The defense argues when Presley next saw Green, he could see Green's face and his extended arm holding something Presley felt may have been a weapon. It was then they say Presley fired eight shots, hitting Green in the chest, lower back and hips.

The defense argued the chest wound was evidence of Green facing toward Presley at the time of the shooting and not running away.

The investigation revealed Green was holding a cellphone and was not armed.

Prior to the foot chase was a car chase, which ended when Green crashed his car into the brush and he and another man ran out. Green returned to his vehicle get his cell phone before running away for a second time.

The defense told the jury Green going back to his car to retrieve something was alarming to Presley. They say Presley could not tell what Green had gotten out of the car because he was doing several things at once, including trying to park and turn on his body camera.

Law enforcement witnesses called by the defense in the evidence phase testified that a person returning to their car during a traffic stop is a legitimate cause for concern for officers. They explained it's impossible for law enforcement to know what a person may have in their vehicle.

The defense reminded the jury of this as they explained why Presley felt Green may have been armed.

Closing arguments: State

The state's prosecutors argue Presley shot Green as he was trying to run away.

During closing arguments, prosecutors played body camera video from the night of the shooting, specifically the moments after shots were fired. At that point in the video, Presley was being asked about what happened by first responders.

The state pointed to two instances in which Presley said he shot Green after he ran following their scuffle.

The prosecutors say footsteps can be heard moving away from Presley in the body camera video.

The state also cast doubt on why Presley pursued Green with a Taser if he believed he may have had a firearm and why he chose to pursue him at all. When presented with hypothetical scenarios, some law enforcement experts testified that they likely would have chosen different methods of finding Green after he ran from the crash, including calling for backup and setting a perimeter.

One witness who said they probably wouldn't have pursued Green into the darkness if he believed he may have been armed is a former officer and Georgia Bureau of Investigations agent.

That agent had pursued Green in a foot chase, as well, in a previous law enforcement role during drug operation. He testified that the pursuit came to a close when he pulled Green from a fence using his hands.

During closing arguments, prosecutors also questioned the accuracy of an animation depicting the shooting that was shown to the jury Wednesday.

The state said it did not appear to be the best representation of what happened that night and questioned the way in which the figure representing Green appears to fall as he is hit by bullets.

Final testimonies

Earlier in the day, forensic criminologist Dr. Ron Martinelli was called by the defense to testify, saying he felt the shooting was justified after examining the evidence.

Martinelli also gave testimony explaining how the intensity of the moments surrounding the shooting could have negatively impacted Presley's sense perception and recall of that night.

Martinelli was also questioned by the state, but about books he's authored, including a book titled "The Truth Behind the Black Lives Matter Movement and the War on Police," in which he is critical of the Black Lives Matter movement. In his time on the witness stand, he stated he simply examines the evidence of a case and stated his testimonies have been used to convict law enforcement officers in the past.

After lunch, the state called their rebuttal witness, Glyn Corbitt of the Georgia Public Safety Training Center.

While being questioned by the state, Corbitt initially testified he felt the shooting was not reasonable.

But when presented with a hypothetical scenario based on Presley's version of events, he said he would have also used deadly force.

Hours of testimony wrapped up just after 5 p.m. this afternoon at the Camden County Courthouse in the trial of former Kingsland police officer Zechariah Presley.

Presley is charged with voluntary manslaughter, involuntary manslaughter and violating his oath of office, after shooting and killing Tony Green in June 2018.

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The State says Green was running away from Presley at the time of the shooting that happened just after a traffic stop in which Green and another man ran out of Green's vehicle.

The Defense argued there was a fight between Green and Presley, resulting in Presley feeling threatened, and discharging his weapon to defend himself, after he had tried using his taser to no avail.

Presley is pleading not guilty.

Dash camera video

The jury saw Presley's dash camera and body camera video this afternoon.

While discussing the dash camera video, the Defense revealed Presley and Green had had a previous interaction before the night of Green's death.

In that prior encounter, the defense says Presley learned Green had a suspended license, and Presley suspected Green may have been driving, though Presley did not arrest Green at that time.

The defense says this was the basis of why Presley pursued Green in June 2018.

The dash camera video begins by showing Presley throwing away trash at a local convenience store.

Moments later he returns to his cruiser to pursue the Chrysler Pacifica Green was driving that night.

According to the video, Presley did not alert dispatch he was trying to conduct a traffic stop as he began to pursue, though it is considered protocol.

The pursuit ends at the intersection of E. Lily Street and N. East Street in Kingsland.

Green's vehicle then hits brush at the intersection, and comes to rest, when he exits the vehicle and begins to run away.

Another man in Green's vehicle, who was identified in court on Tuesday as Green's friend, Eric Hines, also ran out of the Pacifica, and away from the scene.

Green then stops, returns to the vehicle to retrieve his cell phone, and begins to run away again.

Hines testified saying Green told him to run, and said there was cocaine in the Pacifica, which he claims was not his.

Both Green and Hines ran out of view of the dash camera video.

Body camera video 

Presley's body camera video was also shown to the jury today, and it depicts Green‘s final moments before he was shot and killed.

In the video you see Presley pursuing Green in a foot chase, though the footage is very dark.

During the chase, Presley yells out to Green ‘you're going to get tased,' and appears to use his taser for several seconds after catching up to him. The defense says Presley's taser did not function properly, and he may have tased himself.

Moments later, muzzle flashes are seen and loud gunshots can be heard. Eight shots were discharged.

The video goes on to show first responders arriving on scene, and Presley can be heard recounting what happened.

GBI Investigator testifies 

Investigator Richard Diel, Assistant Special Agent in Charge for the Georgia Bureau of Investigation, gave testimony saying he had conducted a frame by frame analysis of the dash camera video during his investigation.

Diel was asked about his video analysis by both the State and defense.

While portions of the body camera's frame by frame images were obstructed, Diel testified saying he did not believe the body camera video indicated a fight between Green and Presley had occurred, though he testified he could not say what had obscured the body camera's view. 
 
Medical examiner's testimony 

The jury also heard from Dr. Edmond Donoghue, regional medical examiner for the GBI, who conducted the autopsy.

He says Green was shot seven to eight times, including gunshot wounds to the chest, lower back and hips.

Dr. Donoghue testified saying the wounds came from bullets which were fired at least 18 inches away from Green's body.

He said he was able to determine the shots came from ‘indeterminate range,' or greater than 18 inches away, because of the lack of gun power residue surrounding the wounds.

He was also cross-examined on the matter of about 18 abrasions found on Green's body, and he said the abrasions likely came from a fall.

The medical examiner also revealed during testimony that Green had small amounts of alcohol, weed, cocaine and a tranquilizer in his system, but said it's possible Green may have appeared to be sober due to the small quantities of the substances.

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