Judge Case Summary

advertisement
State of Harmony V. Riley Green
2016 Judge’s Case Summary
In this year’s case, AJ Bryant and his/her friend Sam Jones are attending the Medieval Faire.
While en route, they stopped at a local convenience store, and AJ caused a disturbance by
playing in character with a bow and arrow. While it was a toy, the store owner believed that it
was a real weapon, prompting a call to 911. Officer Riley Green was dispatched to the scene in
response to a suspected armed robbery and upon arrival, found Sam and AJ arguing in the
parking lot. During the argument, AJ was flexing the bow, leading Officer Green to determine
that there was an imminent risk of serious bodily harm. As a result, he/she shot AJ in the
shoulder.
Officer Green was subsequently charged with felonious assault. The case will be conducted as a
criminal trial and the proceedings have been bifurcated. The Court will first consider Officer
Green’s affirmative defense that the use of deadly force was legally justified. This year, students
will only consider Officer Green’s affirmative defense and NOT the underlying criminal charge
of felonious assault. As an affirmative defense, the Officer has the burden of proof by a
preponderance of the evidence. The defendant will therefore present arguments and
witnesses first, followed by the prosecution.
Defense
Riley Green is the Defendant in this case. The defendant will seek a finding that the use of force
was legally justified, pursuant to the 4th Amendment.
Defendant’s Key Arguments:
The seizure of AJ Bryant by use of force was reasonable under the circumstances, given that:



AJ was holding what was reasonably perceived by Officer Green to be a real weapon.
AJ failed to respond to lawful commands of Officer Green.
It was reasonable to conclude that AJ posed an imminent threat to the officer and others.
Defendant’s Witnesses: (2 of these 3 will be called):
Officer Riley Green: Officer Riley Green is the defendant in this case. He/she will explain the
sequence of events leading to the shooting, and will testify to the reasonableness of the actions
undertaken. Officer Green will testify that he/she followed Buckeye Police Department policies
when he/she announced him/herself as an officer, when AJ was ordered to lower the bow and
arrow, and when he/she concluded that AJ’s non-compliance necessitated use of deadly force.
Chris Abbott: Chris Abbot is the owner of Swifties convenience store, where the shooting took
place, and placed the 911 call that led to Officer Green being dispatched. Abbott will testify
about prior incidents of violence at the store and in the surrounding area. Abbott will also testify
about the events leading up to the shooting, the interaction that AJ had with a customer, the
scene at which Officer Green arrived, and the shooting as perceived from inside the store.
Pat Sweeney: Pat Sweeney is an officer trainer at the police academy, and will serve as an expert
witness on peace officer training policies and use of force. This witness will discuss how officers
are trained to determine what level of force is necessary, and will provide an expert opinion as to
the reasonableness of Officer Green’s actions based on established policies of the City of
Buckeye Police Department. Students could attempt to qualify Sweeney as an expert witness.
Prosecution
The prosecution, the State of Harmony, will present evidence to rebut Officer Green’s
affirmative defense that the use of deadly force was legally justified.
Prosecution’s Key Arguments:
The prosecution will argue that the actions of Officer Green were unreasonable and therefore not
legally justified given that:



A reasonable officer would have determined that the bow and arrow was a toy posing no
imminent threat of serious bodily harm.
A reasonable officer would issue clear and direct warnings before using deadly force.
The shooting was not in accordance with the policies of the Buckeye Police Department.
Prosecution’s Witnesses (2 of these 3 will be called):
AJ Bryant – AJ Bryant is a student at Trillium High School in Buckeye, and is the alleged
victim shot by Officer Green outside of Swifties convenience store. AJ will discuss the history of
the Buckeye Medieval Fair and costume contest, and describe the archer costume he/she was
wearing. AJ will also describe the circumstances leading up to the shooting, including Officer
Green’s actions after arrival at the parking lot. AJ will further testify that he/she did not know
that an officer was present, that the bow and arrow was not aimed at a person, and that no order
to lower the bow and arrow was given.
Sam Jones – Sam Jones is also a student at Trillium High School, and a friend to AJ Bryant.
Sam has grown up near Swifties Convenience Store and was with AJ on the night of the
shooting. Sam will testify about the neighborhood where Swifties is located. Sam will also
describe the events leading up to the shooting, and will testify that he/she did not know an officer
was present, that AJ did not pose any threat of harm, and that Officer Green did not issue an
order to drop the bow and arrow before AJ was shot.
Justice Smith –Justice Smith is a retired police officer and a consultant for local police
departments in the State of Buckeye. Justice Smith was also present in the parking lot of Swifties
and observed the incident in which AJ was shot by Officer Green. Smith will testify that Officer
Green was not justified in using deadly force because Officer Green violated established police
policies, and AJ did not pose an imminent threat of serious bodily harm to the officer or
bystanders. Justice will analyze the actions taken by Officer Green as they relate to an officer’s
training, and the established policies of the Buckeye Police Department. Students could attempt
to qualify Smith as an expert witness.
Download