A Nueces County jury has delivered a not guilty verdict in a case where a man accused of shooting three CCPD SWAT officers.
Ray Rosas was found to be not guilty in a shooting that happened February 19th, 2015. Police were serving a warrant at his home on Churchill Drive when they say he opened fire and shot three officers.
When the trial began last Wednesday, Rosas faced seven charges. However, the prosecution dropped three counts of attempted capital murder Monday afternoon, and the jury deliberated three counts of aggravated assault.
Before closing arguments were read Tuesday afternoon, Judge Guy Williams told the jury that evidence had not been dealt with appropriately by prosecutors. He read off a list of 22 items of evidence that the state should have preserved or brought forward before the trial started, but did not.
"And the court further instructs the jury that this evidence would be unfavorable to the State of Texas who did not produce or preserve such evidence," Judge Williams told the jury.
As for the evidence the judge said wasn't handled correctly, the defense used that to reinforce their claim that Ray Rosas didn't get a fair trial.
"The defense can't put on a defense, a complete defense," said Terry Shamsie, one of Rosas' attorneys. "We've been cheated if we don't get all the evidence. That's it!"
Closing arguments were impassioned. The prosecution recalled testimony given by eleven police officers who described Rosas shooting at police.
"Several policemen were shouting out loud as they hit the raid with the flash bang, several times. 'Police, police police!' And what they got back was gunfire," said prosecutor Joe Mike Pena
The defense argued Rosas did not know he was firing at police, after SWAT actions were not carried out simultaneously and he was disoriented by a flash-bang grenade going off in his bedroom.
"The case is so easy," defense attorney Lisa Greenberg said. "This is a self defense case."
It was an emotional day in the courtroom. Several members of Rosas' family were present, including his elderly mother, who was present during the raid. Officer Andrew Jordan, who was shot during the raid, also sat in on the hearing.
Rosas' attorneys Lisa Greenberg and Gabi Canales say their client is very happy after the jury acquitted him.
"Mr. Rosas waited almost two years for this date. He knew that the truth would come out, and he's grateful that the jury listened to the evidence and returned that verdict," Greenberg said.
"I can tell you that he believes the police have done a good job," Canales added. "He has absolute respect for the police in this situation."
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