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DALLAS (CBSDFW.COM/AP) — A state district judge has declared a mistrial in the case of a former North Texas police officer charged with manslaughter after shooting 41 times at a fleeing suspect.
Judge Quay Parker declared the mistrial Monday after being told by jurors they were hung and further deliberations would not help. Jurors said they were hopelessly deadlocked seven to five to acquit former Garland officer Patrick Tuter of all charges.
Allen’s father, Randy Allen, was stunned. “I’m lost for words right now. I don’t know what to say… just keep trying.”
Allen was wanted for running from police days earlier. Dashboard cameras revealed that Tuter slammed his squad car into Allen’s truck and then fired at him.
Defense attorney Robert Rogers felt the jury should have acquitted Tuter if they had paid attention to the prosecution. “They didn’t prove their case, because they didn’t bring you any evidence,” he said. “They just played the video and said ‘you should look at it this way.’”
Tuter told investigators he thought Allen had a gun, but they determined Allen was unarmed.
Tuter was fired in 2013 after supervisors found he violated the department’s pursuit and use-of-force policies.
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