CHARLOTTE, N.C. — Jury deliberation began Tuesday afternoon in the involuntary manslaughter trial of Charlotte-Mecklenburg police officer Phillip Barker.
Barker is criminally charged with killing James Short while responding to a call near Uptown Charlotte 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 deadly crash happened.
During Tuesday's closing arguments, prosecutors said Barker, who has pleaded not guilty, should be convicted of involuntary manslaughter, for what they call an act of negligence.
“Speeding was the cause of Michael's death," attorney Glenn Cole said.
The words "broken trust" were on display in the court room.
“No one is above the law," Cole said.
The state replayed body camera video from the night of the incident five times for the jury, focusing on several different factors, including the sound of the engine and the speedometer.
“He let himself down, he let the department down, and he’s guilty," Cole said.
Then the defense began by recapping testimony from the prosecution's five witnesses in the criminal trial.
The defense worked to convince jurors that Barker did all he could with the training he had on the night of the incident.
“This man went through the academy, he had perfect scores," Baker's defense attorney, Michael Greene said.
Greene reviewed witness testimony during the trial and said there's "very little evidence" for a big decision, casting doubt on the notion that Barker was driving 100 miles per hour.
“The only time you’ve heard 100 miles per hour is out of their mouth," Greene said. "We don’t have to prove a thing, they do, and they haven’t done it.”
The judge dismissed the jury around noon with instructions. They have three options for a verdict: guilty of involuntary manslaughter, guilty of misdemeanor death by motor vehicle, or not guilty. Deliberation will continue into Wednesday.
In an exclusive interview with WCNC Charlotte, Short's family argued he has been painted in the wrong light during the trial.
"James Michael Short was 10 times the man than the man who ran him over that night," John Short, James' father, said.
John Jacik, one of Short's friends, was with him on the night of the crash. Jacik testified that he and Short were drinking alcohol at a hotel around 4 p.m. Jacik said Short was having trouble walking a straight line and was slurring his speech.
"There was a lot more good there than there was irresponsibility," Deborah Short said.
It takes a unanimous jury to convict, and the defense is hoping to raise reasonable doubt in at least one juror's mind.
Contact Lexi Wilson at lwilson@wcnc.com and follow her on Facebook, Twitter, and Instagram.
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