CHARLOTTE, N.C. — Now-former Charlotte-Mecklenburg Police Officer Phillip Barker was convicted for killing a man while he was crossing Morehead Street near Uptown Charlotte in 2017.
After about four hours of deliberation, the jury convicted Barker of misdemeanor death by vehicle, that type of conviction can result in a sentencing of up to 150 days in jail. But the outcome for Barker was different.
Barker was instead sentenced to 12 months of unsupervised probation. He will have to perform 50 hours of community service and will have a 12-month suspension of his driver's license.
In court Wednesday, after the verdict was read, defense attorneys tried to prove their client was remorseful.
“He does regret what happened," attorney Michael Greene said.
Prosecutors said they offered Barker a plea deal 5 years ago when the incident happened, but it was his choice to go to trial.
“By the law, we extended a plea offer to Mr. Barker to plea guilty to misdemeanor death, we believed at the time for it to be a reasonable and appropriate outcome. We believe today it is still a reasonable and appropriate outcome," attorney Bill Bunting said.
CMPD Chief Johnny Jennings confirmed Barker submitted his letter of resignation Wednesday afternoon and is no longer employed by CMPD. Barker had been on unpaid administrative leave and cited for termination since the incident.
Barker was criminally charged with killing James Short while responding to a call in Uptown in 2017. Barker had his lights and sirens on, investigators said, while Short was illegally crossing the street; however, Barker was driving nearly 100 mph in a 35 mph zone when the crash happened, prosecutors claimed.
Jurors began deliberations with three possibilities: guilty of involuntary manslaughter, guilty of misdemeanor death by motor vehicle, or not guilty.
Earlier this week, the Short family told WCNC Charlotte reporter Lexi Wilson they've been ready for closure, but have hoped for an apology.
Baker gave an apology in the courtroom on Wednesday.
“I do apologize, to their family, to my family," Barker said, "I consider it was an accident, I was on duty responding to a call for service. After five and a half years, I’ve been pretty much on probation, going job to job, trying to make ends meet," Barker said.
WCNC Charlotte reached out to the Short family after the verdict was reached. They said they have no comment.
During closing arguments Tuesday, prosecutors argued Barker should be convicted of involuntary manslaughter, saying he was negligent.
"No one is above the law," attorney Glenn Cole said. "He let himself down, he let the department down, and he's guilty."
Barker's defense worked to convince the jury that there was "little evidence" for such a major decision, casting doubt on the notion that Barker was driving 100 mph. Greene touted Barker's training, saying his client had perfect scores at the police academy.
John Jacik, a friend of Short's, testified that he and Short were drinking in the hours before his death. He told the jury that Short was slurring his speech and was struggling to walk straight.
Contact Lexi Wilson at lwilson@wcnc.com and follow her on Facebook, Twitter, and Instagram.
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