From [HERE] and [HERE] A Bell County jury has found a former Temple police officer not guilty on charges connected with the shooting death of Michael Dean.

Prosecutors said Carmen DeCruz shot and killed Dean, an unarmed Black man from Temple, during a traffic stop in 2019.

DeCruz has been found not guilty of manslaughter and a less charge of criminally negligent homicide in his death.

The prosecution rested its case Tuesday against DeCruz after calling a final witness during day 10 of the court proceedings.

The judge allowed prosecutors to add an additional charge of criminally negligent homicide against DeCruz, which is a lesser charge compared the manslaughter count brought by a grand jury.

Defense attorneys for the former police officer say that Dean reached for his weapon during the traffic stop and his death was accidental. DeCruz waived his right to testify on his own behalf.

The jury was apparently overwhelmingly white. The media has been describing it as “made up of 1 Black man, 1 mixed-race woman and 12 other people who are white and/or other races.” BW takes this to mean 2 non-white people and 12 whites. [MORE]

On Dec. 2, 2019 Michael Dean was stopped by Carmen DeCruz in his vehicle. According to a police affidavit, DeCruz was seen on body camera video walking in front of his patrol vehicle during the traffic stop with his handgun drawn. 

DeCruz made contact with Dean on the passenger side of the car and ordered Dean to turn off the vehicle and give him the keys, according to the affidavit.

DeCruz is seen reaching into the vehicle in an attempt to gain control of the keys with his left hand while holding his firearm in his right hand. DeCruz had the gun pointed at Dean with his finger on the trigger, according to the affidavit.

While DeCruz pulled the keys with his left hand, his right hand also pulled backward and caused the handgun to fire, striking Michael dean in the head, the affidavit said.

The affidavit stated that body camera video showed DeCruz pulling Dean from the vehicle and other officers administering medical aid until medics arrived.

Dean died at the scene. The State wanted the jury to find Decruz guilty of Manslaughter, not Criminally Negligent Homicide. According to the State, criminally negligent homicide in this case was if DeCruz did not know police policy and did not know his finger was on the trigger. Prosecutors say Decruz was aware of both.

The Defense argued the dash camera shows DeCruz’s finger in the index position on the gun – not on the trigger when walking to the passenger side of Dean’s car.

On Monday, former Temple Administrative Lieutenant Brad Hunt testified as a prosecution rebuttal witness. Hunt was on the scene of the deadly shooting handling traffic control, but he did not have any contact with Decruz or Dean.

Prosecutors asked Hunt if it was Temple Police policy to drive up and cut off a vehicle during a pursuit. He testified that it was not and that the police academy does not teach that move either.

Hunt did say the police department updated its pursuit policy six years ago, and that Decruz completed a refresher course in 2018.

During the afternoon, Temple Police Lieutenant Paul Newby testified that when an officer is in a high risk pursuit, it is ideal to wait for at least one other officer before approaching the offender.

Newby also told the court that when in a pursuit, an officer’s gun should be holstered or at least drawn closer to the officer’s body.