DETROIT – The prosecution came out swinging Tuesday in the trial of a former Michigan State Police trooper charged in the death of a Detroit teenager.
The trial began with jurors being shown dashcam video of the incident, which showed an MSP patrol vehicle chasing Damon Grimes, 15, through the streets.
Prosecutors are immediately keying in on Mark Bessner's use of a Taser to stop the boy on the ATV.
"The defendant chose to take out a device that's designed to instantly render somebody completely helpless," a prosecutor said.
In addition to the dashcam video, specific details of the video were pointed out. A 13-year-old boy from the neighborhood spoke about what he witnessed.
"He was aiming his Taser at the driver," the boy said.
Oliver Gantt, the spokesman for the Grimes family, said the family is already seeing red flags.
"Looking at the makeup of the jury, they don't really have anybody, to me -- and I can't speak to the minds of the people -- that can really relate to this incident that has occurred," Gantt said.
Gantt said the family wants justice for Damon.
"They want to see justice for what he did: shooting Damon Grimes in his back," Gantt said.
It's the beginning of what's expected to be a long trial. Proceedings will resume at 9 a.m. Wednesday with more witnesses.
Bessner was charged with second-degree murder and involuntary manslaughter. Bessner was suspended by the Michigan State Police for breaking protocol by firing a weapon out of a moving vehicle. He resigned in September 2017.
Wayne County Prosecutor Kym Worthy said Bessner was a passenger in the patrol vehicle when he fired his Taser out of the moving vehicle.
Worthy recommended the charges on Dec. 20 -- Bessner was officially charged on Dec. 21, 2018.
"First of all I want to apologize on behalf of my department, the Michigan State Police, to the Grimes family and what they've been through. And even though I can sit here and apologize and someone can be charged today for this crime, that boy is never going back to his family," Lt. Michael Shaw said in December.
State troopers now prohibited from engaging in pursuits in Detroit
This case changed the way state troopers patrol the city of Detroit. Troopers patrolling in the city of Detroit are now prohibited from engaging in vehicle pursuits resulting from a traffic violation or misdemeanor offense. The policy change only applies to vehicle pursuits in Detroit.
"All MSP enforcement members have been reminded that current policy requires our members to weigh the hazard presented by the violator against the risk created by the pursuit in all instances, as well as several other factors to be considered before engaging in or continuing a vehicle pursuit," a statement from state police reads.
ATV four-wheelers aren't legally supposed to be driven on Detroit city streets, but neighbors said that law wasn't usually enforced.
Detroit chief condemns use of Taser
Detroit Police Chief James Craig condemned the trooper's use of a Taser in this incident.
“Totally inappropriate," Craig said. "You just cannot deploy a Taser in that instance. That’s not appropriate use of a Taser.”
Craig said he was concerned when he learned about the fatality during a pursuit over a misdemeanor traffic violation. He said he called for an independent investigation when he learned about the possibility that a Taser was deployed.
“The state police have been a good partner,” Craig said. “They’ve been a good partner, they’ve helped us on many things, however this is one issue that our policy differs.”
Pre-trial testimony from Bessner
On Tuesday, Oct. 15, 2018, Bessner answered questions about a man he called after the incident happened on Aug. 26. He said he called Trooper Jay Harrison Morningstar, who was known as a "CISM," which stands for "critical incident stress manager." He was one of Bessner's union representatives.
"Jay had told me, and several other troopers, on multiple occasions that whenever there is a critical incident to call him because of this recent statute that was passed, whereby he was a trained critical incident stress manager and everything he said to (me) and heard from me would be privileged based on his training as this 'CISM,'" Bessner said.
Prosecutor: Did you believe your telephone conversation was privileged pursuant to the statute and pursuant to what Trooper Morningstar had represented to you previously?
"Absolutely," said Bessner.
Moreover, Bessner said he met with Morningstar and had a conversation with him in a closed room at the detachment where troopers gathered after Grimes' fatal crash. He considered it another privileged conversation.
He also spoke with Morningstar on the phone the next day, still believing these were privileged conversations with a CISM.
"I wouldn't have talked to him but for that belief," Bessner testified.