From Andy Furillo:
A Sacramento jury today acquitted an accused murderer in the May 2006 shooting death of a 26-year-old man in Oak Park.
Ivory Deshaun Garner, 26, was scheduled to be released from the downtown jail today after jurors found him not guilty of second-degree murder and manslaughter in the shooting of Michael Dewatt Smith in the 3500 block of San Jose Way more than three years ago.
Garner's lawyer, Emory King, asked Superior Court Judge Steve White to dismiss other pending charges against his client so that Garner can leave the state. King said Garner has been on the receiving end of death threats. White scheduled a hearing on the dismissal for next week.
It was the second time Garner stood trial in the case. A mistrial was declared after a previous jury could not reach a verdict in his murder case two years ago.
Jurors in the current case deliberated for more than five days before returning today with their acquittal on second-degree murder and the lesser-included manslaughter offense. The panel on Thursday reported that it was deadlocked on the case, but resumed deliberations after the judge delivered some additional instructions.
In a brief interview today, the jurors, who asked that their names not be published, said they thought the shooting may have taken place in self defense.
Relatives of the victim expressed displeasure with the decision outside the courtroom.
"It's ridiculous," said Jessica Moore, who identified herself as a cousin to both the victim and the defendant. "He killed somebody. He took a life, and now he's getting away with it. It's not fair, and the verdicts are not fair."
About Comments
Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.