LogFAQs > #886791384

http://nypost.com/2017/09/16/why-judge-acquitted-st-louis-cop-of-first-degree-murder/

Wilson also noted none of the officers standing next to the vehicle were called to testify that Stockley planted a gun. And he recounted witness testimony that the absence of a person’s DNA on a gun does not mean that person did not touch the gun.

“Finally, the Court observes, based on its nearly thirty years on the bench, that an urban heroin dealer not in possession of a firearm would be an anomaly,” the judge wrote.

The victim's DNA was obtained from a heroin bag in his car. It would indeed be unusual for a heroin dealer to be unarmed during a transaction.

Smith drove at speeds of up to 87 miles per hour on wet roads, endangering other drivers and pedestrians. About 45 seconds before the chase ended, police dashcam video captured Stockley saying, “going to kill this (expletive), don’t you know it.”

“People say all kinds of things in the heat of the moment or while in stressful situations, and whether Stockley’s statement … constituted a real threat of action or was a means of releasing tension has to be judged by his subsequent conduct,” the judge wrote.
The court does not believe the officer’s conduct following the end of the pursuit is consistent with the conduct of a person intentionally killing another person unlawfully, Wilson wrote. He noted testimony by the state’s witnesses that Stockley ordered Smith to open the door and show his hands.

It was not until 15 seconds after Stockley arrived the driver’s side door that he took his service revolver out of its holster and fired several shots.

The prosecution failed to provide any conclusive evidence that the gun was planted. The prosecution's entire case centered around this issue.