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Former Michigan State soldier, Mark Bessner, listens to Wayne County Attorney, Matthew Penney, to present his argument at the Bessner trial on Wednesday, April 10, 2019 in Detroit. Bessner is charged with second degree murder in the death of Damon Grimes, age 15, in 2017. This is the second trial after a jury last fall, n & # 39; He could not reach a unanimous verdict. (Clarence Tabb Jr./Detroit News via AP)
DETROIT – A former Michigan state soldier was found guilty of involuntary manslaughter Wednesday following the death of a Detroit teenager who crashed in front of an off-road vehicle and died after being shot with a Taser.
Mark Bessner, who had a history of allegations of misbehavior involving the use of a Taser, fired the immobilizer from the passenger seat of a patrol car while he and his partner were suing Damon Grimes, 15, in August 2017. State police officials condemned his conduct and agreed that the criminal charges were appropriate.
Bessner, who left the department after Grimes' death, said he thought the teenager was looking for a gun at his belt. Grimes, however, had no weapon.
"There is no doubt that Mark Bessner knew that he was going to cause serious prejudice to Damon Grimes," deputy prosecutor Matthew Penney told jurors.
Bessner was charged with second degree murder, but the jury opted for the less serious offense after one day's deliberation. He was immediately detained pending his conviction on May 2nd. The maximum penalty is 15 years in prison.
Nearly 20 Sheriff's deputies were in the courtroom to respond to disturbances during the announcement of the verdict. Bessner's family was sobbing loudly waiting for a lift.
The Grimes family "is somewhat satisfied," spokesman Oliver Gantt said. "I know they've been hoping for more, for the most part, I think they've had a bit of closure, I think the family can rest with that."
This was Bessner's second trial: a different jury last fall, was unable to reach a unanimous decision on a murder charge after hearing to explain with emotion how he "absolutely" believed that Grimes had a rifle.
But Bessner did not testify for his own defense at the last trial. His lawyer, Richard Convertino, urged the jurors to put aside their sympathy for Grimes' family and to put themselves in the soldier's place in a very crime-ridden neighborhood.
"ATVs and firearms – it was the perception of those patrolling these areas," said Convertino.
Two months before Grimes' death, a referee had cleared Bessner of his misconduct for using his stun gun when he was chasing a suspect. State police wanted to suspend him for 10 days. The man was handcuffed during a roadside check, but suddenly walked away and was able to clear the fences.
It is generally contrary to state policy to use a stun gun on a handcuffed person who is in detention. Bessner was also charged with misbehavior and accepted a brief suspension for firing a taser on a handcuffed man in 2014, according to the archives.
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