BELL COUNTY, Texas (FOX 44) – UPDATE: A Bell County jury has found former Temple police officer Carmen Decruz not guilty in the death of Michael Dean.
This comes after jury deliberations started in the manslaughter trial on Tuesday afternoon – which came after closing arguments from the prosecution and defense in the morning.
Decruz decided not to testify in his own defense in the trial. Along with manslaughter, prosecutors asked the jury to also consider a charge of criminal negligent homicide.
Decruz shot Dean after a traffic stop near southeast H.K. Dodgen Loop and Little River Road just after 8 p.m. on December 2nd, 2019.
In closing arguments, the Defense pointed out the State’s lack of video analysis on DeCruz’s body cam. The Defense called it, “the most important part of the evidence.”
The State wanted the jury to find Decruz guilty of Manslaughter, not Criminally Negligent Homicide. According to the State, criminally negligent homicide in this case was if DeCruz did not know police policy and did not know his finger was on the trigger. Prosecutors say Decruz was aware of both.
The Defense argued the dash camera shows DeCruz’s finger in the index position on the gun – not on the trigger when walking to the passenger side of Dean’s car.
On Monday, former Temple Administrative Lieutenant Brad Hunt testified as a prosecution rebuttal witness. Hunt was on the scene of the deadly shooting handling traffic control, but he did not have any contact with Decruz or Dean.
Prosecutors asked Hunt if it was Temple Police policy to drive up and cut off a vehicle during a pursuit. He testified that it was not and that the police academy does not teach that move either.
Hunt did say the Police Department updated its pursuit policy six years ago – and that Decruz completed a refresher course in 2018.
During the afternoon, Temple Police Lieutenant Paul Newby testified that when an officer is in a high risk pursuit, it is ideal to wait for at least one other officer before approaching the offender.
Newby also told the court that when in a pursuit, an officer’s gun should be holstered or at least drawn closer to the officer’s body.