Jury Acquits Suspect in Cop Killing; Two Other Suspects Await Their Verdicts

A jury acquitted a man of aggravated murder in the killing a police officer during a June 2007 traffic stop. The jury also found Robert Ellis not guilty of attempted murder (another cop was wounded) but he was found guilty on three counts of criminal possession of a weapon.

Police officers Russel Timoshenko and Herman Yan were fired upon when they stopped a BMW SUV with stolen plates in Brooklyn. Yan was wounded in the chest and arm while Timoshenko was shot twice in the head; Timoshenko, 23, later died of his injuries. Ellis was one of three suspects found after a police dragnet that reached into Pennsylvania. (Ellis claimed he fled because he was afraid he would die in gunfire, like Sean Bell.)

The three defendants—Ellis, Lee Woods, and Dexter Bostic— are being tried at the same time (but three different juries); prosecutors had said that Ellis was one of the shooters, but the jury apparently did not agree. From the NY Times:

In an interview, the jury foreman, who spoke on the condition that his name not be published, said that jurors had argued for hours — at one point, they stopped speaking to each other — and decided that ultimately, prosecutors had failed to provide evidence that linked Mr. Ellis to the murder and had called witnesses who had no credibility.

One of the main issues that the jury debated was who was driving the car at the time it was stopped — a key issue in determining who fired at the officers. Most of the jurors, after arguing for four hours over who was driving, came to the conclusion that it was Mr. Ellis, meaning that he did not fire one of the guns, the foreman said.

In explaining the verdict, the foreman said, “The prosecution put thugs, criminals and police officers on the stand — none of which were more believable than the next. He said that “we’d really like to make sure Mr. Ellis got what was coming to him. There was nothing that we could grab hold of that made us comfortable with murder or attempted murder.”

Later, he added, “We knew we were going to disappoint everybody.”

A juror told the Daily News, "a lot of us didn't understand the difference between the laws." And an alternate juror said, I tell you the son of a bitch was guilty. As guilty as you can ever be. He was in the car. He knew the guns were there. He killed a cop and he's walking. What justice is that?"

Police Commissioner Ray Kelly said, "I am stunned and disappointed by the verdict. My prayers are with the Timoshenko family as they contend with this ordeal." Patrolmen's Benevolent Association head Patrick Lynch was less restrained, "This mongrel today got off with murder. There are no words to describe the anger that New York City police officers have today. You can imagine what the family is going through today."

The News described Timoshenko's parents reaction: "The 23-year-old victim's mother, Tatyana, shook her head when the verdict was announced, and her eyes filled with tears. The slain cop's dad, Leonid, stood erect, his eyes burning with anger, and glared at the jurors."

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By Jen Chung in News on December 18, 2008 9:30 AM

Comments [rss]

NannyState

At Politburo: so what do you tell jurors to do?

Snoopy

Politburo. It's plain and simple he was part of a crime where a murder was committed, hence he is guilty as an accomplice to murder, not just a stupid gun possession charge.

And nanny isn't disgusting, she's a hard working taxpayer. A lot more than those thugs you are defending.

Politburo

That's not how the system works. You're the disgusting idiot here.

NannyState

Here's a memo to that disgusting idiot of a juror: you err on the side of Timoshenko's grieving family and convict knowing that there is an appeals process and anything that could be exculpatory would come out then. (most likely, there really isn't) This sucks.

jaycjay

Was anyone here on the jury?

People seem pretty confident that they know what evidence was presented.

Again, here's the thing: three people were in the car, but only two fired. The prosecution decided which two to pursue those charges against; that is they decided not to go with charges that would make that immaterial but would bring a lower expected sentence.

Then, they failed to make the case that this was one of the two shooters.

Brooklynbobby

You can be sure the NYPD will be having a boogie roast this weekend.

Snoopy

Were there any living people on the jury? I recently got called to jury duty and realized If I was on trial I surely wouldn't call them my peers. I would throw myself at the mercy of the court. There was a fat blind guy with a beard there that kept shouting out questions in the jury pool room. It wasn't until the last day that I found out that he was a woman.

JacqueMehoff

were any bicyclists on the jury?

Tar_Baby

Can we have a racial breakdown of the jury?

CubanB

Not every prosecutor is Jack McCoy, if you've ever sat on a jury you know that some of these guys are not very good lawyers.

jaycjay

"It's called accessory to murder."

Not what he was charged with. A jury can't just pick a charge on their own.

What happened is this: it's accepted that two of the three people in the car fired while the driver did not. The prosecution says this guy was not the driver, the defense says he was.

The jury decided that the prosecution failed to establish that he was not driving the car... that is, while he was there, they did not establish that he did what they say he did -- fire a gun. Thus, he was convicted on three counts of weapons possession but acquitted on the shooting.

"Anybody know the NYS sentencing guidelines for three counts of criminal possession of a weapon?"

Haven't seen any mention of what the specific charge was (First degree? Fourth?), but according to his as quoted in the Times article, 15 years on each count. That could be applied either concurrently (as the lawyer says is expected) or consecutively.

JP Lynch

hanuman: I never stated that Officer Timoshenko deserved his fate or that his family should suffer. My point is directed at the fact that their seems to be an inordinate amount of outrage whenever someone confronts/assaults/kills a member of the NYPD and gets off (hardly ever), but when a member of the NYPD does the same, they get off most of the time.

JacqueMehoff

Lillo brancato will be acquitted if he gets on the stand to testify and put on a woe is me story.

JenChungsBaby

BTW, if this guy's really not guilty then Lillo Brancato should be given a Get Out of Jail Free card right now.

JenChungsBaby

The prosecution put thugs, criminals and police officers on the stand

Exactly my thoughts Zodak...who else would be there? The Mormon Tabernacle Choir wasn't driving a stolen car from which two cops were shot. This asshole was.

jzny

Anybody know the NYS sentencing guidelines for three counts of criminal possession of a weapon?

I'd be worried about my job if I was the prosecutor - should've had the case locked down before it went to trial.

zodak

"The prosecution put thugs, criminals and police officers on the stand"

it was a crime, who do you think was there when it happened? jesus?

nyc227

its about time they somebody getaway with murder

FrankMartin

On the karma note; if it exists ellis will be dead soon too.

hanuman

J.P. You've got to be kidding. Karma? This killer is set loose again to roam our streets! Next person he kills could be someone close to you. What "karma" did the slain officer deserve? What did his mother do to deserve this? One injustice has nothing to do with another.