DETROIT (WWJ) – There will be no third trial for Detroit police officer Joseph Weekley, who was charged in the fatal shooting of a 7-year-old girl during a chaotic raid in 2010.
Following a second mistrial last October, Wayne County Prosecutor Kym Worthy said the case will not move ahead.
“Today we personally informed the family of Aiyana Stanley–Jones that we have made a decision that we would not be going to trial for a third time in the Joseph Weekley case,” Worthy said, in a statement.
“It is unfortunate that Judge Cynthia Gray Hathaway granted a directed verdict dismissing the felony Manslaughter charged, leaving only the misdemeanor count of Careless Discharge Causing Injury or Death. Under the law her decision cannot be appealed.”
On Friday, Jan. 30, 2015 at 9 a.m., Worthy’s office will move to dismiss.
WWJ Legal Analyst Charlie Langton says that when Hathaway threw out the felony charge, that essential ended the case.
Langton said this is the end of the line.
“The prosecutor’s office has to be practical about this,” Langton said. “Certainly, this was a tragedy — but two juries could not decide as to whether or not there was true felony criminal activity on the part of the officer.”
“And when you go to trial on a misdemeanor case, it just does not make sense at this point in time,” he said, adding that Worthy’s decision will not directly impact the civil case filed on behalf of the family.
Weekley, a member of an elite Detroit police unit, insists he accidentally pulled the trigger when Aiyana’s grandmother grabbed his gun as officers burst through the door of her home looking for a murderer. The grandmother, who’s offered some very emotional testimony, denies any interference.
The raid was being filmed for the A&E reality show “The First 48,” and Aiyana’s family members believe the officers involved were more concerned about how they looked on TV than they were about properly conducting their police work.
The incident led to a ban by then-Detroit Mayor Dave Bing on TV crews going out with police.
Aiyana was shot in the head as she slept on a couch.