DALLAS (CBSDFW.COM) — Just months ago a Dallas County jury declared themselves deadlocked in the trial of fired Mesquite police officer Derick Wiley, now 12 new jurors will determine his fate at his retrial Monday morning.
The original jury was unable to reach a decision in September, declaring a mistrial in the case of Wiley, a former police officer was accused of shooting an unarmed man in November 2017.
Wiley stated he thought the victim, Lyndo Jones, was breaking into a pickup truck and had a weapon. However, Jones had no weapon and the pickup truck was in fact his.
“I thought he had a weapon, I never would had shot, otherwise,” Wiley said in an emotional testimony last year.
Though a considerable amount of time has passed, the same evidence to be presented is expected and jurors will likely hear the same testimony.
Jones’ Attorney Lee Merritt said he believed Wiley was offering fake tears during his initial trial.
“The first time that he testified, he offered testimony that was inconsistent with the facts,” Merritt said. “Well, now, when he takes that stand again, he has to answer for those contradictions and he has to fabricate that emotion again, which I don’t think he’ll be able to do.”
But Wiley’s defense attorney Kathy Lowthorp blamed the media for advancing a false narrative on the case.
“The wrong information was being put out there,” Lowthorp said. “[Wiley’s] eager to see justice served so he can move on with his life.”
Lowthorp also added that they are encouraged knowing that the first jury had voted eight to four in favor of acquittal.
Wiley’s actions captured on his officer body camera will also be key in the retrial.
“From the minute that recording started to the time Lyndo Jones was shot, Derick Wiley was disrespectful, he was aggressive, he was violent,” Merritt said. “If there was something to investigate that night — and there was — we expect police officers to do a better job than that.”
The new jury panel must decide if Wiley broke the law by using deadly force in the shooting, or if his actions were reasonable.
He’s currently charged with aggravated assault and faces a possible prison sentence of 5 to 99 years.
The jury has already been selected and testimony is expected to get underway with opening arguments at the Crowley Courthouse in Dallas Monday morning at 9 a.m.