Attorneys Say Yanez Saw Gun In Philando Castile Shooting
MINNEAPOLIS (WCCO) – The officer charged with the death of Philando Castile says he saw a gun in Castile's car.
Officer Jeronimo Yanez was charged with manslaughter back in November after the Ramsey County Attorney spent 19 weeks looking at the facts and the law connected to the case.
In a court filing Tuesday, defense attorneys for Yanez said he should not face charges. The memorandum claims Castile's gun was accessible and he reached for it during the traffic stop.
Prosecutors say Yanez told them previously that he did not know where the gun was, but Yanez's attorneys say that statement does not prove the gun didn't exist.
This document was the latest of a string of documents filed in connection to this case, in which the fatal shooting's aftermath was streamed live on Facebook.
"This kind of motion is done many times to try to get the defenses side of the story out to the public," said Joe Tamburino, an attorney not associated with the case.
Tamburino believes what's raised in the motion has a good chance of being denied.
The document states Yanez saw Castile's gun. In his formal statement taken the day after the shooting, Yanez describes what the gun looked like, the caliber and the color, and the description matches the gun that fell from Castile's right pocket after he was shot.
Prosecutors say that's not what happened.
"Based upon the evidence, we believe that Castile never removed, nor tried to remove, his handgun from his front right pocket, which was a foot deep," said Ramsey County Attorney John Choi.
Yanez's partner also didn't see a gun, prosecutors say. However, in the motion, defense attorneys argue that Yanez's view is the one that is germane, not his partner's.
Choi says Castile was not resisting or fleeing when he was shot.
"Philando Castile moaned and uttered his last words, 'I wasn't reaching for it,'" Choi said.
Tamburino says the public should hold its judgement until trial.
"Everything that is listed in this motion or the response to the state's motion is basically factual issues, and all factual issues have to be decided by the jury," Tamburino said.
Ramsey County District Court Judge William Leary will hear oral arguments in this case Feb. 15. Some believe he will issue a decision that day as to whether or not charges against Yanez will be dismissed.
