Llera v. LVMPD: DAy 8
Yesterday was the final day of the trial, with closing arguments being given by both sides and the jury beginning deliberation in the afternoon. There were about 20 to 25 people in the courtroom to offer support, and 4 out of 5 of the officers were present.
Most of the trial these past two weeks has been spent watching officers take the stand and lie about what actually happened on June 1st, but yesterday was especially difficult to witness as the defense attorneys attempted to demonize Jorge and paint him in a terrible light to try and justify the murder of an innocent 25-year-old young man. Still, we’re hopeful that the jury will see through the heartlessness and dishonesty of the officers and their attorney and will offer a small piece of justice for Jorge once and for all.
Closing Arguments: Plaintiff (Jorge’s Family)
Attorney Galipo began using his closing statement to remind the jury of Jorge’s first amendment right to free speech, establish that the officers used excessive force, and emphasize points made by witnesses and officers throughout the trial that Jorge was not a threat. He reminded that Jorge’s family is seeking punitive damages.
Galipo also referenced the 4th amendment, saying that pointing a weapon at someone may be enough to establish a threat, but simply having a gun is not enough to justify excessive force, especially as multiple officers said they didn’t think Jorge was a threat at the time officers fired at him. He pointed out that all third-party witnesses stated Jorge was running away from officers when he was murdered, while spending his closing argument breaking down all of the contradictions, inconsistencies, and facts brought up during the trial to emphasize that Jorge did not deserve to die.
He pointed out that many of the officers saw inaccurate details of the event, yet somehow, all saw Jorge point his gun. He also emphasized to the jury that it would be absurd to think that Jorge was able to run away and then turn and point a gun at officers that he may not have even known were there.
Galipo also went through the various witness testimonies to point out inconsistencies, delegitimize their statements, and highlight wrongdoing:
Locher was sure that the low-lethal rounds were actually lethal, despite saying in his initial statement that he had heard low-lethal rounds.
Emerton fired two rounds, paused, and fired another two rounds from being too hyped up from the Circus Circus incident.
Fryman fired 7 shots in a fraction of a second, despite not seeing the rifle anymore when coming up on his sights.
Michael Lee said the rifle came up while he was running away in court, but never said this in his initial statement.
Dr. Gary Vilke attempted to say that bean bags don’t hurt, despite the bruises they leave.
Dr. Thomas Martin argued with the assumption that Jorge was on the ground being shot at by officers.
Bo Dennet was not credible, as he said the gun slid in the initial interview but then said it was on a sling in court, and he never saw Jorge point the gun at officers.
Officer Silvia never saw Jorge touch or point the rifle.
After breaking down the inconsistencies of the defense and its witnesses, he reminded the importance of Dr. Omalu’s testimony, which showed a clear trajectory of the bullets coming from behind. He also reminded the jury of Jorge’s parents’ testimonies, how close they were to their son, and how their lives will never be the same.
He then reminded the jury of the key claims:
John Squeo violated Jorge’s first amendment right by firing bean bags at him.
Squeo used excessive force against Jorge.
Squeo should be charged with battery.
All 4 officers are liable for using excessive force against Jorge.
Lvmpd abused their authority.
He summed up by saying that Jorge’s family deserved punitive damages for the reckless disregard for life, compensation for pain and suffering for the loss of life, and wrongful death damages to be paid an amount determined by the jury.
Closing Arguments: Squeo Defense
John Squeo’s attorney, McNutt, attempted to separate Squeo from the events..As the officer who first shot the bean bags and began the altercation with Jorge, Squeo is responsible for assaulting Jorge and using excessive force. McNutt attempted to argue that this wasn’t true.
Points he tried to make during his argument include:
Squeo fired non-lethal rounds because he saw Jorge raising a weapon.
Squeo thought he was going to hit officer Snyder.
He used bean bag rounds because he was 45-50 feet away, and a taser or pepper spray wouldn’t have been effective.
He didn’t have time to make a formal warning.
The case isn’t about protest, but about an “attempt to assault an officer”.
Bo Dennet saw a bat or cylindrical object in Jorge’s hand and saw him near Snyder.
Lee saw a rifle on Jorge and allegedly saw him turn towards officers.
Bean bag rounds “did their job” by getting Jorge to run away.
The jury appeared suspicious of these arguments and did not seem to believe his claims that Squeo was acting innocently in firing at Jorge.
Closing Arguments: Lvmpd Defense
The defense's closing arguments were difficult to watch, with how far they stretched the truth and attempted to paint a completely different picture of what happened. The police defense attorney, Anderson, spent the entirety of his closing argument trying to slander Jorge, demonize him, and tear down his character. He started by saying that Jorge was never made to take accountability for his “instigatory behavior.
He tried to say that officers were “good officers and good people” who “made an excellent decision under difficult circumstances,” while lying to say that Jorge instigated the entire interaction. Ultimately, he implied that Jorge deserved to die for his actions that night and insisted that the officers’ actions were reasonable given the circumstances.
During his argument, he never mentioned the medical evidence that proved he never raised a gun, and he did not acknowledge that Jorge took all of the gunshots to his left side and back. Anderson glossed over Omalu’s testimony explaining where the gunshots traveled and attempted to say that it didn’t contradict what their reports said.
Rebuttal
Attorney Galipo was given the chance to respond to the defense’s closing statement. During his response he reminded the jury that there was considerable proof that the bean bags were excessive, the bean bags were the catalyst that led to the shooting (because officers testified they would have never seen Jorge if they didn’t see the low-lethal rounds), and that the Circus Circus incident played no part in Jorge’s incident even though officers tried to say they thought it was a simultaneous ambush.
He pointed out, “They want to blame him instead of accepting responsibility,” and asked, “Is that what we’re going to do every time someone is killed and can’t tell their side in court? Blame them?” Galipo pointed out that Squeo shot Jorge with the beanbags solely because he wasn’t walking fast enough. He also says that none of the officers say Jorge pointed his rifle at them, making the point that Jorge was never actually intending to be violent towards officers. He then asked another powerful question, “What has he done so badly that he deserved death?”
Galipo told the jury that Jorge was running toward civilians in the crowd farther up Las Vegas Boulevard, but none of the civilians who testified said he was a threat. He also called out that the only people who saw Jorge point his weapon were the actual shooters, saying that if anyone else on the team saw this, they would be testifying, not just the people trying to justify their excessive force.
He reminded the court of other witness testimony to highlight how ridiculous it would be to say that Jorge raised a rifle at officers while running away and not looking at them. He also pointed out that the defense wasn’t able to dispute Dr. Omalu’s testimony because they knew it was accurate. He also asked, “How can you say someone pointed a weapon if you can’t see their arms and hand?”
He ended by saying, “The defense said Jorge made bad choices to protest, wear body armor, and bring a rifle, but what about their choices to collectively pull the trigger 20 times? They don’t want you to consider their choices.”
The closing statement left a couple of the jurors in tears, with some even nodding their heads as Galipo spoke. The jury continued to appear empathetic with Jorge’s case, which could be a good sign. Meanwhile, many of the officers seemed either uncomfortable or blank-faced throughout, not appearing too confident in their decisions that had led them here.
What To Expect Going Forward
The jury deliberation began at 2:40 pm. Jury deliberation continues today, starting at 9 am, and support is still needed! Still, no phones will be allowed in the courtroom. We will be standing by outside, prepared to go in to hear the jury’s decision once they’re ready to read the decision to the court. Thank you to everyone who has supported us and Jorge’s family throughout the 8 days of trial.
We will also be hosting a vigil in memory of Jorge on October 31st at 6pm, out in front of the federal courthouse building. Please come out and show your support if you can. We are hoping to honor Jorge’s memory while hopefully celebrating a small act of justice.
