A former Michigan soldier sentenced for the death of a teenager by taser

April 17, 2019, 19:23 GMT

By Associated press

DETROIT – A former Michigan police officer was convicted of manslaughter by shooting Wednesday following the death of a Detroit teenager, who crashed into an all-terrain vehicle and died after having been hit by 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.