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Conviction Tossed Due To Police At Trial

POSTED: Thursday, October 22, 2009
UPDATED: 9:41 am EDT October 22, 2009

An appeals court overturned a Jacksonville man's conviction for shooting at police, saying dozens of uniformed officers observing the trial swayed the jury.

Jacquan Shootes was convicted last year of aggravated assault and carrying a concealed weapon. The 25-year-old said during the trial he didn't know the undercover officers were policemen.

The incident occurred in February 2006 when heavily armed officers serving a search warrant on a suspected drug house on West 42nd Street encountered Shootes. Police said that as he ran away, he came upon more officers and fired several shots at them. No officers were hurt, but three officers returned fire, wounding Shootes several times.

Shootes was critically injured, but recovered from his injuries and was convicted two years later.

The appeals court said up to 70 officers showed up on the trial's last day and sat as close as possible to the jury.

Some were undercover, and the court said their presence could be construed as a demonstration of how the detectives appeared before the shooting.

The police union head said officers have the right to attend trials, and jurors are smart enough not to be swayed by their presence.

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