# Trooper acquitted in fatal shooting of man



## kwflatbed (Dec 29, 2004)

Crowd cheers; victim's family leaves in tears

BY BEN SCHMITT
FREE PRESS STAFF WRITER

Minutes after his acquittal Thursday on a murder charge, Michigan State Police Trooper Jay Morningstar cried over the homeless man he shot and killed last spring.
"It is with deep sympathy that I extend my condolences to the family that lost someone that they loved," Morningstar said with remorse. "Fortunately, I am able to return to my family and to what I have been put on this Earth to do, and that is continue to be a public servant to this wonderful state."

Jurors in Wayne County Circuit Court deliberated for about an hour Wednesday afternoon and about three hours Thursday morning before returning not-guilty verdicts against Morningstar, who was charged with second-degree murder and manslaughter in the April 14, 2005, killing of 40-year-old Eric Williams.

Morningstar, 35, wept and embraced one of his attorneys, Richard Convertino, after the verdicts were read and before whispering "I love you" to his wife, Anna, who sat crying in the courtroom.

The crowd, which included about 30 state troopers, cheered before Judge Ulysses Boykin ordered silence.

Williams' family left the courtroom in tears.

Williams' aunt, Jeanette Williams-White, said she was astounded that jurors disregarded a Detroit police videotape of the shooting.

"It's a sad day for the homeless," she said. "We're looking at a videotape and we somehow conclude that that homeless man's life is not valued."

During the trial, which began Nov. 30, both sides said there was no disputing that Morningstar shot Williams in the chest in front of the Detroiter Bar, near Greektown, about 12:30 that April morning.

The question was whether Williams posed a threat. Prosecutors said Morningstar shot Williams, who was unarmed, after Williams approached him with his pants down to his knees.

Williams had just been tossed from the bar for harassing customers and had punched out two bar windows before Morningstar and his partner saw him on the street.

Convertino maintained that Williams did not obey the trooper's repeated commands to stop, and that he briskly approached Morningstar while wearing a big coat with his hands not visible to the trooper.

Toxicology reports indicated that when Williams was shot he had a blood-alcohol level of 0.24%, three times the 0.08% level at which a person can be convicted of drunken driving in Michigan.

Family members also said Williams had a history of mental illness.

One juror, Lou Poisson, said the deliberations, which began Wednesday afternoon, were grueling.

"It was tough because in this particular case we felt there was just not quite enough to convict somebody of the charges," he said. "So we had to acquit."

Wayne County Prosecutor Kym Worthy said she was disappointed.

"We always thought the jury needed to hear and decide the facts," she said. "This case is a stark reminder that no one is above the law."

Morningstar has been on paid leave since the incident and said he plans to return to work in the near future.

"I had a veil of serenity that was given to me by the confidence of my faith and what I did based on the way I was trained," he said.

Morningstar's mother, Patricia LaCaria, called Thursday the best day of her life.

"It's a shame this was even brought to court, but at least the justice system does work," she said.

_Contact *BEN SCHMITT* at 313-223-4296 or [email protected]._


----------



## Clouseau (Mar 9, 2004)

This seems to be the national trend lately in almost every police involved shooting... the cop is put in front of a jury. It makes me shiver.

I predict that training in the near future will be to "Shoot only if you* see* a gun or knife *and* it's aimed at a person etc.

The days of *feeling* threatened are coming to an end very soon.


----------



## CJIS (Mar 12, 2005)

From what I gathered from the artical I think the officer was justified, I agree with the mothers statement.


----------



## MVS (Jul 2, 2003)

> Wayne County Prosecutor Kym Worthy said she was disappointed.


Another DA looking to fry cops.


----------

