Have you seen the video of what this punk did to the guy that he used the stun gun on?
God bless the judge in this case.
Despite harsh criticism of Fairfax County, Virginia,
prosecutors, a circuit court judge has denied a defense motion to drop assault and battery
charges against police officer Tyler
Timberlake, who used a Taser on a disoriented man on June 5, 2020.
Timberlake’s lawyer, Brandon Shapiro, argued the three
misdemeanor counts against his client should be dropped because prosecutors
failed to turn over evidence the suspended officer could use in his defense.
In a July 2 ruling, Circuit Court Judge Brett Kassabian
said prosecutors, in the office of Commonwealth’s Attorney Steve Descano, “failed
to promptly and timely disclose exculpatory evidence,” and didn’t turn over the
names or statements of any expert witnesses who support Timberlake’s argument
that he used the stun gun on a man he mistook for another Black man who he knew
was a PCP user with a history of fighting police.
However, the judge said the prosecution’s shortcomings in
this case didn’t meet the standard required to throw out the case.
“Fifteen months remain between now and Defendant’s trial,
and the court cannot find that defendant was prejudiced by the delay,”
Kassabian wrote.
Kassabian said, “The Commonwealth has failed to meet its
duty to disclose exculpatory evidence timely.”
While not meriting dismissing the case, Kassabian said
prosecutors should be disciplined.
“To turn a blind eye and acquiesce in prosecutorial
pronouncements of purported open file discovery not only adversely affects
defendant’s rights to a fair trial, but also shakes the public’s confidence in
a process that is based on justice and fairness,” Kassabian wrote.
In crafting a measure, Kassabian said prosecutors will not
be allowed to have an expert witness — who is allowed to offer opinions — talk
about Timberlake’s tactics.
“The Commonwealth shall be prohibited from introducing any
expert testimony in its case in chief related to the purported unreasonableness
and excessiveness of the Defendant’s actions or deviation from general orders,”
Kassabian wrote.
However, jurors would likely be able to hear from a fact
witness — for instance, a member of the county police department — who could
describe officers’ training.
Descano issued a statement to WTOP and said he’s glad the
judge found his office didn’t commit a violation resulting in a dismissal.
“I look forward to providing a jury of Fairfax County
residents an opportunity to decide the outcome on the case’s merits. I take
seriously the issues raised in the order, have reorganized the team working on
this case, and directed them to immediately reexamine all potential discovery
elements,” Descano said.
Timberlake remains on administrative leave. A police
spokesman said the department’s internal affairs investigation will continue
after Timberlake’s criminal case is resolved.