WEST VALLEY CITY, Utah — Now
that a former West Valley City Police Department detective has been charged in
connection with the death of Danielle Willard, some believe the District
Attorney will have a hard time winning the case.
It’s rare for a police officer
to be charged for an on-duty shooting in Utah. Also, FOX 13 News found that in
the last decade, three Utah officers who were charged had their cases dismissed
for various reasons.
Salt Lake County District
Attorney Sim Gill doesn’t believe Shaun Cowley intended to kill Danielle Willard
almost two years ago but that Cowley acted recklessly. And Gill says the facts
show Cowley’s life wasn’t threatened. Cowley disputes that. If convicted, he
could serve one to 15 years in prison. However, defense attorney Greg Skordas
thinks it would be tough for the D.A. to land a conviction.
“Just the whole idea of
prosecuting a police officer for doing something in the line of duty, it’s very
difficult for a jury,” Skordas said.
“You have to prove that they
were reckless in making that split second decision,” added Juan Becerra, head
of investigations with Korr Defense Group.
Becerra spent more than 20
years with the FBI and at one point he was investigated for an officer-involved
shooting. He questions whether Shaun Cowley can get a fair trial, given all the
publicity.
“If this was a private citizen
involved in a shooting, would we be showing diagrams? Would we have press
conferences prior to charging an individual like this?” Becerra said,
acknowledging that federal law enforcement handles cases differently from local
jurisdictions.
Becerra said police procedures,
especially use of force, and the science behind the shooting will be closely
examined as the case moves forward. Meanwhile, it’s not the first time Sim Gill
has criminally charged a police officer.
Back in 2011, another former
West Valley City officer, Jared Cardon, was charged with reckless endangerment
for shooting at a driver who tried to flee after a traffic stop. The D.A. later
dismissed the charge, saying expert testimony the case hinged on, had changed.
Now the question is: Can Sim
Gill successfully prosecute the Cowley case?
“I see a long road to a
conviction if we’re going to be able to prove his state of mind, his
recklessness and his reckless disregard for human life,” Becerra said.
Gill said he stands by the case
and that detectives from three police agencies unanimously felt the
manslaughter charge was warranted. The Utah Fraternal Order of Police believes
Cowley has been treated unfairly. Now, a jury will decide who to believe and if
Cowley should serve time in a case that could take up to a year to resolve,
Skordas said.
