Defendants on trial for the nonfatal shooting of a police officer outside an immigration detention center July 4 cannot claim self-defense, a Fort Worth federal judge ruled Tuesday.
Despite objections from five defense attorneys, U.S. District Court Judge Mark Pittman found it's legally invalid for the nine defendants — including Benjamin Song, who Pittman for the first time referred to as the shooter — to claim Alvarado Police Lt. Thomas Gross was shot to protect Song or a third person Gross saw running when he arrived on the scene.
Pittman granted the government's Friday motion to prohibit the defense from posing that theory during trial, but he said it was the government's responsibility to make objections to evidence suggesting self defense or third-party defense.
Gross told jurors last week he believed he was walking into an ambush when he arrived at Prairieland around 11 p.m. July 4 in response to a call about a disturbance.
Prosecutors called the self-defense or defense of a third party theories “legally insupportable” because the defendants prompted the law enforcement response by shooting fireworks and damaging property. Gross had testified he hadn't seen or heard fireworks when he arrived.
Prosecutors compared the Prairieland case to the Branch Davidians. Members of the religious sect fired at federal agents during a 1993 confrontation at the Davidians' compound in Waco, and they were ultimately convicted of multiple offenses, according to the government's motion.
The U.S. Fifth Circuit Court of Appeals sided with the district court upon appeal, ruling that the jury was not allowed to consider self defense in the case because the Davidians shot first and prompted law enforcement’s use of force.
Pittman ruled Gross pointing his gun at the fleeing suspect is not "excessive as a matter of law,” as the officer didn't use deadly force and didn't shoot first.
This story is developing and will be updated.
