The prosecution rested its case Wednesday in the trial of suspended Punta Gorda Police Chief Tom Lewis. He’s charged with culpable negligence in the shooting death of 73-year-old Mary Knowlton during a shoot/don’t shoot scenario conducted as part of a Citizens Academy at police headquarters last August.
The prosecution presented two more witnesses: 33-year Lee County law enforcement veteran Gene Sims, a firearms expert, and Florida Department of Law Enforcement special agent Gary Negrinelli, who led the investigation beginning the night of the tragedy.
Wrapping up Sims direct examination, assistant state attorney Stephanie Russell pressed the prosecution’s belief that it was the use of a real gun rather than something like a starter pistol that caused the death of Mary Knowlton.
“In your training and experience, under what circumstances would it be appropriate to sanction the use of a real firearm, regardless of what’s in it, in a shoot/don’t shoot scenario?” Russell asked.
“Never,” said Sims.
And with that, the prosecution ended its questioning of Gene Sims.
Next up, Special Agent Gary Negrinelli, who gave the prosecution the opportunity to play some of the audio of the investigator’s interview with Chief Tom Lewis the night of the shooting. Moments afterward, the prosecution rested.
Defense attorney Romine immediately argued for a directed verdict of acquittal.
After a half hour recess during which Judge Devin George considered the arguments, the evidence, and case law, she returned to the courtroom with a statement. She said, “The court has defined culpable negligence as consciously doing an act which a reasonable person would know is likely to result in death or great bodily harm to another person. The facts made clear that this did result in the death of a person, which we can’t ignore.
And the evidence shows, albeit disputed by defense, that there was no safety protocol, there were certain situations that occurred between multiple people on the Punta Gorda Police Department, that caused this unfortunate event.” By then, it was apparent what conclusion the judge had reached.
“It is not up to the court to decide whether the actions are gross and flagrant, on behalf of the defendant. It is enough for the jury to decide whether it’s gross and flagrant, and what he knew at the time of this event,”said Judge Devin George.
The defense then presented three Charlotte County Sheriff Deputies and a Punta Gorda police captain as witnesses. Defense Attorney Stephen Romine continued to contend the cause of the problem was not the choice of gun Officer Lee Coel used in the scenario, but the fact that Coel loaded the gun with unapproved, non-department provided lethal wadcutter ammunition. Rominecontinued to drive home the point that Chief Lewis had no way to know Coel would violate rules by using unauthorized ammunition, and by pointing his gun toward the victim. He insisted even if Coel’s .38-caliber revolver had been inspected by a Punta Gordapolice officer beforehand, the officer would not have recognized the wadcutters meant for paper target practice, and would have assumed they were blanks, which should be safe.
The defense wraps up its case today. Closing arguments will likely occur this afternoon, and the case will go to the jury.