Retrial Begins for Former South Carolina White Cop Who Shot Unarmed Black Man in 2011
The retrial of a white former South Carolina police chief charged with murder in the shooting of an unarmed black man began on Monday.
During the first trial, a South Carolina judge declared a mistrial in January after a jury deadlocked in a decision of whether or not to convict former Eutawville Police Chief Richard Combs, 38, for fatally shooting Bernard Bailey, 54.
The shooting occurred in May 2011 in the town hall parking lot in Eutawville, a small town of about 300 people, after Combs was trying to arrest Bailey on an obstruction of justice warrant, reported The New York Times.
Combs says he shot Bailey three times in self-defense as Bailey was trying to run him over with his car. However, prosecutors say Combs was spiteful and was arresting Bailey on a trumped-up charge. Prosecutor David Pascoe also accused Combs of changing his story in order to match the evidence and considered himself to be above the law because he was a cop.
After deliberating for 12 hours, the jury failed to reach a consensus over the verdict as only nine of the 12 jurors voted to convict Combs of murder or voluntary manslaughter.
The retrial began on Monday after a jury of seven men and five women, which included two African-Americans, were seated. Unlike the first trial, the case has been moved from Orangeburg County to Richland County after a judge ruled that there had been extensive news coverage and publicity in the original town.
Neither the defense nor the prosecution has argued that race was a factor in Bailey's death during the first trial or in opening statements for the second trial.
Defense lawyer Wally Fayssoux said Monday that he would continue argue that Combs was justified to shoot Bailey in self-defense under South Carolina's "Stand Your Ground" law, reports The Post and Courier.
If convicted of murder, Combs could face up to 30 years to life without parole, reports The Associated Press.
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