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Lawyer says police is responsible for death of woman after police pursuit in Pompano Beach

Lawyer says police are to blame for woman's death, not client
Lawyer says police are to blame for woman's death, not client 02:46

FORT LAUDERDALE -- Police body camera footage shows the moments after a fatal car crash in Pompano Beach following the police pursuit of a car believed to have been involved in an armed carjacking on May 10th.

According to police, four teenagers and a 20-year-old pistol whipped and robbed 25-year-old Rider Prospere in Hallandale Beach, before stealing his car and joyriding through Broward County.

Prosecutors say 16-year-old Justin Edmond was the driver, and that he crashed into 68-year-old Patricia Schmelz.

Body camera video shows the moment a Hallandale Beach police officer rushed over to check out Schmelz's condition and when he backed away said she was a "Code 7," meaning he believed she was dead.

But after arresting the suspects, the officers went back, pulled Schmelz out of the car and realized she was still alive.

They tried to save her, but she died.

On Thursday, an attorney spoke out and shifted the responsibility for Schmelz's death to police. 

"The reason it's an issue in the case is, can my client really be guilty of vehicular homicide if in fact, the lady died because of not being appropriately treated by law enforcement or paramedics," said Jim Lewis.

Lewis is Edmond's attorney, and says he believes the police failed to realize Schmelz was still alive, which led to her death.

"The Hallandale officer obviously says something to the effect of 'I really thought she was dead. Oh my God, she's still alive, she's like talking.' And the BSO officer basically said 'camera rolling,' which meant don't talk about this," said Lewis.

His co-defendants include 20-year-old Cody Clarke, 17-year-old Jermaine Walker and another 17-year-old boy and a 15-year-old girl, who police say lured the 25-year-old man before the carjacking.

Edmond is facing 28 charges, including a vehicular homicide charge, and he remains in jail without bond.

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