WEST PALM BEACH, Fla. – Defense attorneys have rested their case in the manslaughter trial of a former South Florida police officer charged in the 2015 fatal shooting of a stranded black motorist.
The defense rested Tuesday without calling former Palm Beach Gardens police Officer Nouman Raja to testify.
Corey Jones, 31, was stranded on the side of an Interstate 95 exit ramp in Palm Beach Gardens after his SUV had broken down when he was shot and killed by Raja in October 2015.
Defense attorneys argued that Raja, 41, shot Jones in self-defense. Jones, who had a concealed weapons permit, pulled a gun.
Prosecutors claim Raja instigated the confrontation because he was working undercover and never identified himself as a police officer, leading Jones to believe that Raja was a robber.
The first defense witness to testify Tuesday was Michael LaForte, a forensic consultant who was hired to recreate the crime scene.
LaForte, who had years of law enforcement experience before becoming a consultant, testified that he didn't believe investigators did a good enough search for blood.
Dr. Stephen Nelson, a medical examiner in Polk County, also testified, agreeing with the defense's argument that Jones could have been shot in the heart before running more than 100 feet away from his gun.
"He's in good shape," Nelson testified. "He's a young, 31-year-old man. He should be able to cover that distance, that 40-yard distance."
Prosecutors tried to discredit Nelson's testimony, arguing that Jones' injuries were too severe for him to keep moving.
"You're telling this jury that Corey Jones would be able to run almost half the length of a football field?" prosecutor Adrienne Ellis asked Nelson.
"That's exactly what I'm saying," Nelson answered.
Earlier in the morning, Judge Joseph Marx denied a defense motion for acquittal.
According to a probable cause affidavit, Raja was on duty at the time of the shooting but not wearing clothes that identified him as an officer.
"There had been a problem with late night auto burglaries in Palm Beach Gardens," the affidavit said. "Raja was assigned to surveillance patrol in large parking lots with the goal of locating the burglary suspects."
Raja had been told by his supervisor to wear his tactical vest with police markings on it while working the assignment, but his vest and police radio were on the van's floorboard next to the driver's seat when the shooting occurred, the affidavit said.
The officer used his personal cellphone to call 911 after the shooting, providing his version of what happened.
"(Jones) had a silver handgun in his right hand," Raja said. "I came out. I saw him come out with a handgun. I gave him commands. I identified myself and he turned, pointed the gun at me and started running. I shot him."
Police arrived and began their investigation, searching for the gun that Raja claimed Jones was carrying at the time of the shooting. Police used K-9 officers to search the tall grass near the PGA Boulevard exit ramp and found the gun about 74 feet from the back of Jones' SUV.
Jones was found about 192 feet from the back of his vehicle, the affidavit said. Paramedics arrived and pronounced him dead at 3:32 a.m.
Raja used his personal gun to shoot Jones because his department-issued gun was in its holster inside the van, the affidavit said.
Three of the six shots that were fired struck Jones -- one in each arm and another to his chest, the affidavit said.
Despite his more than seven years of experience as a police officer, Raja acted "in a tactically unsound, unsafe and grossly negligent manner," the affidavit said.
Raja told police that Jones threw his gun into the grass, but the investigation revealed that Raja "continued to fire at Jones as he ran away," the affidavit said. Dr. Gertrude Juste, associate medical examiner for Palm Beach County, determined that the shot that struck Jones' right arm was fired from the rear.
"There is no question that Jones ran away from Raja," the affidavit said.
Investigators also determined that Jones' gun was loaded, but the chamber of the pistol was locked and the safety was on, the affidavit said.
The Palm Beach Gardens Police Department fired Raja shortly after the shooting.
Raja has been on house arrest since he was charged in June 2016. He also faces a charge of attempted first-degree murder with a firearm.
The jury has the option to convict Raja on the lesser charges of manslaughter or culpable negligence, instead of manslaughter with a firearm, or the lesser charges of second-degree attempted murder, aggravated assault with a firearm or simple assault instead of attempted first-degree murder.
Closing arguments are scheduled to begin Wednesday morning.
Raja faces up to life in prison if he is convicted.