October 21, 2021

Bazar Lead

Just Law & Legal

Judge to take into consideration dismissal ask for by Fairfax Co. officer in stun-gun situation

A Fairfax County judge experienced harsh phrases on Friday for prosecutors in the scenario of law enforcement officer Tyler Timberlake, and reported he would decide no matter if fees need to be dropped in seven to 10 days.

A Fairfax County choose experienced harsh words and phrases on Friday for prosecutors in the situation of law enforcement officer Tyler Timberlake, saying he experienced “a terrific deal of concern” about the dependability of statements designed to a preceding judge in the circumstance.

But Judge Brett Kassabian stopped shorter of dismissing all costs, expressing “I want to assume about it” and declaring he would have a final decision in 7 to 10 times.

Timberlake is the Fairfax County law enforcement officer who is struggling with 3 misdemeanor assault expenses following he utilized a stun gun on LaMonta Gladney, and strike him with the system, in the Mount Vernon area on June 5, 2020.

Timberlake’s attorneys have requested the choose to dismiss the fees because Fairfax County prosecutors have not adopted an get to switch around proof that could help his scenario, together with a statement from Gladney which the protection says indicates he was on PCP at the time.

“They’re now disregarding the Structure, which claims it should really be immediately turned above,” mentioned protection attorney Brandon Shapiro.

Each lawyers ran afoul of the decide at factors in the hearing.

Assistant Commonwealth’s Attorney Dennis Somech pointed out that the demo is established for September 2022, and the deadline to convert around evidence was continue to 11 months away. He called dismissal “an extraordinary solution. We recognize its value to Officer Timberlake. It’s also important to Fairfax County.”

Kassabian requested Somech: “Do you feel you have the ideal to maintain off on turning above exculpatory material as shortly as you understand of it? Of course or no?”

Somech responded, “I 100% concur it need to be disclosed as before long as attainable. I don’t know if it has. The case should not be dismissed.”

Shapiro mentioned 2 times, “This is not a murder case — it is three misdemeanors.” The 2nd time, Kassabian instructed him, “The seriousness of the expenses does not make a difference to me. We’re speaking about the rules.”

Timberlake was recorded on a different officer’s entire body camera during the incident. Gladney was disoriented, going for walks in circles close to the road, and did not look combative. He was charged with getting drunk in community and resisting arrest, but the rates were dropped.

A further officer was proven striving to reason with him when Timberlake, who appeared to have just arrived, walks into the frame and employs his stun gun practically promptly. He also hits Gladney with both his fist or the stun gun by itself and kneels on the man’s back.

Prosecutors and Timberlake’s lawyers have all explained Timberlake mistook Gladney for anyone else. He referred to as the male “Anthony” during the incident.

Gladney is Black Timberlake is white. Shapiro explained, referring to the place of work of Commonwealth’s Attorney Steve Descano, “From the beginning, this office has brought a political agenda to go following Officer Timberlake.” Descano campaigned and gained on a judicial reform.

“I’m going to acquire it below advisement,” Kassabian claimed. “I’m not certain the draconian measure of dismissal is acceptable in this circumstance. I want to feel about it.” He recurring, “I want to feel about it. I’ll have a letter to you in seven to 10 days.”

Equally sides still left the courtroom without having remark.

Descano’s workplace reported later in a statement, “We remain self-confident in the merits of this case, and will continue on to do anything in our electric power to be certain a jury of Fairfax County citizens establishes its outcome.”

Gladney has submitted a suit in the situation Timberlake has declared his intention to sue Descano, Board of Supervisors Chair Jeffrey McKay and then-Law enforcement Main Edwin Roessler.