"Smith, who was fired from the Richmond police department over the incident, was charged in 2022 with assault with a deadly weapons and enhancements for allegedly causing great bodily injury after using a stun gun on a then-33-year-old man. Video of the incident shows Smith using his stun gun, then jumping on the man, kicking him on the ground, and striking him with a Taser dozens of times."
"Smith's lawyer, Harry Stern, said in a statement to this news organization that the outcome was extremely gratifying. He argued that Smith, who had just chased the alleged victim from Richmond to San Pablo, was justified in using force against a suspect who resisted arrest. (Smith) was an excellent witness and clearly explained why he was forced to protect himself in this dangerous situation, Stern said."
"An ex-Richmond policeman was one juror away from being acquitted of felony assault with a deadly weapon for using his stun gun on a man 35 times during a 2022 arrest. In the trial of Eric Smith Jr., 11 of 12 jurors voted not guilty but one wouldn't budge. Last week, Judge John Kennedy dismissed the jury and declared a mistrial, according to court records and attorneys familiar with the case."
An ex-Richmond police officer faced charges for using a stun gun repeatedly during a 1 a.m. arrest on April 9, 2022, on San Pablo Avenue. Video shows the officer deploying a stun gun, jumping on the suspect, kicking him, and striking him with a Taser dozens of times. The officer was fired and charged with felony assault with a deadly weapon and enhancements for alleged great bodily injury. Eleven of twelve jurors voted not guilty, but a single holdout led Judge John Kennedy to declare a mistrial. The officer's lawyer said the force was justified after a pursuit; no gun was found.
Read at www.mercurynews.com
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