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Judge Denies Request for Mistrial in Akai Gurley Shooting Case

By  Trevor Kapp and William Mathis | February 10, 2016 2:45pm 

 NYPD Officer Peter Liang was a nervous wreck moments after fatally shooting an unarmed man in a Pink Houses stairwell, his supervisor testified Tuesday.
NYPD Officer Peter Liang was a nervous wreck moments after fatally shooting an unarmed man in a Pink Houses stairwell, his supervisor testified Tuesday.
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Pool/Jesse Ward

BROOKLYN SUPREME COURT — The lawyer for the NYPD officer on trial for fatally shooting an unarmed man in a public housing stairwell requested a mistrial on day two of jury deliberations Wednesday, claiming the lead prosecutor misled the jury with "inflammatory and unfair" statements during his closing argument.

Officer Peter Liang's defense attorney, Rae Koshetz, argued that Assistant District Attorney Joseph Alexis deceived jurors by suggesting Liang intentionally shot Akai Gurley, then tried to cover it up at the Pink Houses on Nov. 20, 2014. 

Judge Danny K. Chun rejected the request.

"The prosecutor accused Officer Liang of what amounted to intentional crimes — deliberately pointing the gun at Gurley with the intent to shoot, which is not the charge, and also of a cover up," Koshetz said.

"The prosecutor not only made remarks that were inflammatory and unfairly prejudicial to Officer Liang, but he also accused him of intentional crimes that are not in the indictment," she added.

"It's no accident that (the bullet) hit off the wall steps from where Akai Gurley stood," Alexis said during his closing argument on Tuesday. "It's no accident that the bullet ripped through his heart and went into his liver."

But Chun ruled that Alexis was merely trying to provide reasons to convict.

"If he saw Akai Gurley and pointed the weapon at him and shot him, it may be something different, but I don't think that's what the people were arguing at all," the judge said. "To sustain their burden of reckless assault, they have to prove he was aware of a risk and disregarded the risk."

The jury is currently deliberating on charges of second degree manslaughter and official misconduct against Liang. He shot and killed Gurley during a vertical patrol on the seventh-floor stairwell of 2724 Linden Blvd., in East New York.

Jurors also requested on Wednesday read-backs of testimony from Liang, his partner, Shaun Landau, and Gurley's girlfriend, Melissa Butler.