PHOENIX — A Phoenix
police officer charged with fatally shooting an unarmed man during a violent
confrontation at a Phoenix mobile home three years ago was found guilty of an
assault charge Tuesday that could send him to prison for several years, but
avoided conviction on a second-degree murder count.
Jurors hearing
the case against Richard Chrisman deliberated for about four days before
announcing their verdict Tuesday.
They were
unable to reach a verdict on the murder charge, but convicted him of aggravated
assault for putting a gun to victim Danny Rodriguez’s head when he questioned
the officer about entering his house without a warrant.
Maricopa County
Attorney Bill Montgomery said no decision has been made on whether to retry
Chrisman on the second-degree murder and an animal cruelty charge for shooting
the man’s dog. The jury also was deadlocked on that charge.
Chrisman was
charged after his partner said he fatally shot Rodriguez and his dog without
justification during the October 2010 encounter. Chrisman, a nine-year veteran
of the force, was later fired.
He faced the
aggravated assault with a deadly weapon charge for allegedly putting a gun to
Rodriguez’s head. That charge carries a five- to 15-year sentence, with a
presumptive term of 7½ years in state prison.
The jury
reconvened Tuesday afternoon and found that the assault caused severe emotional
harm to Rodriguez’s family. That finding will allow Judge Warren Granville to
impose the maximum sentence. He set a status conference for Oct. 18.
In court
Tuesday, Chrisman wore a dark suit and showed no reaction as the verdict was
read. At one point before jurors entered the courtroom, he reached back and
squeezed the hand of his wife, who was seated behind him. Other Chrisman
supporters at the hearing included more than a dozen off-duty police officers.
Family members of Rodriguez sat in the front row on the other side.
After the
verdict was read, Chrisman, 39, was taken into custody, and his wife broke down
in sobs. Rodriguez’s mother, Elvira Fernandez, was hugged by a woman sitting
with her and left the court without comment.
Prosecutor Juan
Martinez and defense lawyer Craig Mehrens left without comment. Joe Clure,
president of the police union, said he respected the jury’s work but disagreed
with the verdict.
“I believe this
decision exemplifies how difficult it is to be a cop today in this country,”
Clure said.
He noted the
trial lasted more than a month, and jurors deliberated for four days. “Rich had
a split second to make his decision,” Clure said.
The case, to a
large degree, boiled down to conflicting accounts from Chrisman and his
partner, officer Sergio Virgillo — the only two people, besides Rodriguez,
inside the trailer to witness the escalating confrontation.
Rodriguez’s
mother had called police to the home on Oct. 5, 2010, saying her son was
violent.
Chrisman and
Virgillo confronted Rodriguez at the door of his mother’s trailer, and Chrisman
forced his way inside.
Rodriguez asked
to see a warrant, and prosecutors said Chrisman then put his pistol against
Rodriguez’s head and told him he didn’t need one. Mehrens told jurors that
didn’t happen, but Martinez said DNA on the officer’s pistol and a bruise on
the dead man’s temple show it happened the way Virgillo testified.
The two
officers had difficulty controlling Rodriguez, and both fired their stun guns
with little effect. Chrisman used pepper spray on Rodriguez, then shot his dog.
Prosecutors say the animal was not threatening the officers.
Virgillo said
Rodriguez then got his bicycle and tried to leave the tiny trailer home, but
Chrisman wouldn’t allow it, and a tussle began. Virgillo testified that
Rodriguez was backing away and no longer a threat when Chrisman fired.