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How did we get here?
Published: April 01, 2009
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Photo by Roslyn Ryan
Bessie Moorer, 82, traveled from Colonial Heights to attend last Sunday’s demonstration at the Powhatan Courthouse. Moorer, a veteran of the Civil Rights marches in Selma, Alabama in 1965, joined hundreds at the event because she did not think the verdict in the case against Tahliek Taliaferro’s killers was fair.


By Michael Copley, Staff Writer
mcopley@powhatantoday.com

There is outrage in the community at the verdict returned in the Parrish cousins’ murder trial, after they were found guilty of involuntary manslaughter in the shooting death of 18-year-old Powhatan High School student Tahliek Taliaferro.

And the anger and disappointment was on full display last Sunday, as hundreds of people gathered for a peaceful protest outside the Powhatan County courthouse.

Charges that racism played a part in the jury’s decision surfaced just moments after the verdict was delivered last week.

But does decrying the verdict as racist too casually reduce a set of complicated circumstances? Could there have been other elements, moments during court testimony that could have shaped the jury’s decision that had nothing to do with race? Could inconsistent testimony and the inevitable struggle to define reasonable doubt (see right) have brought us to this point?

We don’t have to condone the events of June 24 to weigh the evidence in court objectively, to try and understand how we got here.


How significant was the BB gun pistol in the victims’ car?

At 6:45 p.m. June 24, Powhatan Deputy Ron Gatti responded to the Loch Gate Subdivision, the first officer on the scene after a report of a possible shooting.

When Gatti arrived, Tahliek Taliaferro was dead in the front seat of Lawrence Harris’ Saturn and “a gun was between the victim’s feet,” said Gatti. The deputy testified that he picked up the pistol, realized it was a loaded BB gun, and placed it on the roof of Harris’ car. Then he turned his attention to the victim.

Powhatan Detective Jason Tackett arrived at the Loch Gate crime scene at 6:51 p.m. June 24. There he found an unloaded pistol BB gun in the trunk of Harris’ car. Tackett told the court he questioned all law enforcement officers and emergency medical personnel about the movement of the BB gun, but no one could say how the gun got from the roof of Harris’ car to the trunk. Subsequent lab testing returned no latent finger prints on the gun, not even those of Deputy Gatti, who handled the BB gun bare-handed that night.

What does ‘reasonable doubt’ actually mean?

In the American legal system, it is the prosecutor’s task to prove to the jury beyond a reasonable doubt that the defendant or defendants committed the crime they are accused of.

Issues may arise, however, when it comes to ascertaining just what “reasonable” means.

“Nobody defines it, that’s the thing,” says Ronald J. Bacigal, a law professor at the University of Richmond’s School of Law.

Despite the fact that jurors may struggle with the term, Bacigal says they generally get little assistance from judges.

“When the jury comes back and asks what reasonable doubt is, the judge will [inevitably say] ‘whatever you think is reasonable.’ There is no real attempt to define it. You just turn it over to the good sense of the jury.”


What was the jury told?

According to their instructions, If the Commonwealth does not prove beyond a reasonable doubt that “a killing happened; that the killing was malicious; and that the intended killing was willful, deliberate, and premeditated,” then the jury cannot find the defendant guilty of first degree murder and must consider a lesser charge.

Each charge is considered through such a filter.

To view a sample of the instructions given to jurors before the began deliberating , click here.

Lawrence Harris told the court he did not see the gun on June 24 until Deputy Gatti pulled it out from under Taliaferro’s seat. Under cross examination, Harris repeated that Gatti retrieved the gun from under Taliaferros’s seat and that he did not see anyone in possession of the gun on June 24.

Courtney Jones testified that he hadn’t known the BB pistol was in the car and that he saw no one in possession of a pistol.

Defense attorney Craig Cooley was incredulous.

“If the gun wasn’t used, why was it at Tahliek’s feet?” he asked the jury. “It follows common sense.”

At a preliminary hearing in August, before authorities released information about the gun found in Harris’ car, Stephanie Reynolds testified she saw something black in the driver’s hand, but couldn’t say for sure it was a gun.

And from the stand, Ethan Parrish testified that he shot six times when “[Lawrence Harris] leaned back and pointed a hand gun directly at me.”

“The pistol was at Tahliek’s feet, not under the seat,” pushed defense attorney Ted Bruns in closing argument. “The question is whether Ethan had reasonable cause to do what he did.”


Inconsistencies in testimony may have cast doubt

Taliaferro was shot after a verbal altercation at Sheetz on Route 60. It was noted and uncontested that Joey Parrish directed Taliaferro and his friends to follow him for a fight, but an explanation of the subsequent actions taken by Taliaferro and his friends was hard to pin down from testimony.

Lawrence Harris told the court he and his friends briefly finished their ice cream and got in their cars to go home. He said he followed the path of the Durango through the Sheetz parking lot to talk to a friend, Ashton Bradbury.

But Bradbury testified that she saw Harris and tried flagging him down to warn him about the guns in Joey’s car, but she said Harris didn’t stop.

“I didn’t want a confrontation to happen when Joey had guns,” said Bradbury.

At a preliminary hearing in August, Courtney Jones said the group stayed and ate ice cream for an hour after the confrontation, and only left to play basketball.

But his story differed on the stand during trial and the defense honed in on the inconsistency.

For reasons never made clear, Taliaferro and his friends made a U-turn and headed back east on Route 60, eventually following the path of the Durango down Dorset Road. Courtney Jones said on multiple occasions that Taliaferro stated he wanted to “go find Joey to fight,” but Lawrence Harris said he made the U-turn because one of his passengers needed to go to his grandmother’s house on Dorset Road.

There were also questions about the manner in which Harris’ Saturn passed the Durango, now parked on Dorset Road.

During the trial, Harris and Jones said they slowed to about 35 mph as they passed the Parrish cousins, but at an August hearing, Courtney Jones said they slowed to a “creep.” When pushed at trial, he conceded that they passed at a very slow roll. Stephanie Reynolds confirmed under defense cross examination that the Saturn passed behind the Durango at a slow roll, just faster than a walk, she said.

The detail may seem small, but it makes up the fabric of evidence the jury had to confront.

There were inconsistencies in defense testimony also, but the jury seemed swayed by Ethan Parrish’s testimony. He said he had in fact retrieved and loaded the MAK 90 before finding out the other boys were known to carry guns.

And Parrish refuted Reynold’s claim that he tried exiting the vehicle at Sheetz with a gun.

But it appeared the jury gave Ethan Parrish’s testimony more weight than they did the often stumbling accounts of Commonwealth’s witnesses.

And after four days and layers of testimony and evidence, the jury was asked to render a decision with unwavering obedience to specific instructions handed down by the court (see box, below).

And so the jury rattled past second degree murder (murder in the absence of premeditation) and past voluntary manslaughter (a killing in the absence of malice) and settled on involuntary manslaughter, finding the Commonwealth failed to prove beyond a reasonable doubt that “the killing resulted from an intentional act committed in the heat of passion,” but that the Commonwealth did prove a killing happened. That killing, they decided, though unintended, “was the direct result of an unlawful, but not felonious, act, accompanied by carelessness so gross and wanton and culpable as to show callous disregard for human life.”



Reader Comments


Tom
Apr. 8, 2009, 12:43 PM

@ptowngirl - I understand what you’re saying.  I don’t think I’ve EVER seen a school fight covered in the newspaper or in the media, except the one you’ve mentioned. 

I don’t know what the criteria is to get it covered, I expect it has to do with how well the publishers perceive it will sell their media. 

I’m sure it happens all the time.  Most of the time it is not covered I expect because it is fairly common.


PtownGirl
Apr. 8, 2009, 11:31 AM

Right TOM -
  but the thing is media usually covers bad fights… so why not this one - this one involved two people going to the hospital, everyone involved had lawyers ... everyone involved were charged- some more then others… but it caused a big stink about racism…. what about that story where the Jena 6 .... wow almost the same outcome…. “So they marched in support of the “Jena Six”, a group of black teenagers who were initially charged with attempted murder for a high-school fight during which a white boy was knocked unconscious. ” Mr Obama, who has urged African Americans to take more responsibility for themselves and move on from the old civil rights battles, replied: “Outrage over an injustice like the Jena Six isn’t a matter of black and white. It’s a matter of right and wrong.”  They got their story covered…. so why wasnt this one??? Same thing my brother and his friend get jumped by 6 black boys…. (of course my brother didnt dimistrate any racial things like those white boys) but hestill the same thing….


Tom
Apr. 8, 2009, 11:13 AM

@bornhere - I understand your point, but, don’t think that a school fight merits publication in the local paper.  If that was the case the Times-Dispatch would require a separate section to capture info for all of the school fights which occur.


Bornhere of Powhatan, VA
Apr. 7, 2009, 03:37 PM

What is so noticeable about the whole incident at the school is how hushed up it was??  And how Powhatan Today covered that story very little, but yet with Tahliek’s death they actually seem to pander to the Taliaferros….Interesting, indeed..

I think justice was not served to the two boys who were so badly beaten..And I think the media needs to be following that vein of the story, too..That Tahliek was NO angel, not by any means.  A thug, for lack of a better word.  No reason for him to die, but let’s paint an accurate picture of him.  Let’s not make him out to be some poor, beleagured black boy who was singled out for injustice.


PtownGirl
Apr. 7, 2009, 02:18 PM

Voice of Reason- you are welcome…. Yeah the boy that got sent to the hospital was my brothers friend… my brother had to go to the hospital as well he had a bruised lung, mild concusion, black eye, scraps, and more… he had to wear the bandage around is mid section for a while… Yes Tahliek was invovled he was the one that had started… joey had nothing to do with this, my brother didnt know Joey - My brother and his friend were both charge right of the bat as well, they were charged for the disorderly conduct both were on probahation for 2 years as well as Tahliek and his friends - b/c they caused such a stink about it they got all the other charges drop and also just disorderly conduct charges… I was there for that entire thing and it was not pretty - they accused my family of being racist (which we are not trust me) and one of Tahlieks family members followed us home from the courts and we had to call the cops about that… But I can say that JOEY was not involved in this one…

Sure thing… =)


voice of reason
Apr. 7, 2009, 02:11 PM

This is for PtownGirl. Thank you for shedding some light on the incident that happened at school. I had heard about it but did not know what really happened. I knew that a white boy had been sent to the hospital but you really did not hear alot about it. I was also curious if Tahliek was involved in the fight. Do you know if Joey had anything to do with this one. I know he actually had not been in school for several years. And yes I do believe the NAACP was called in on this one too because they were actually charged and the black folks felt that the white boys should have been charged also. They actually interviewed one of the head men from the NAACP that stated he was not surprised that Joey was involved in the shooting of Tahliek because of the incident at school and all that had happened he knew something else would come of it. Thanks


PtownGirl
Apr. 7, 2009, 07:37 AM

Me- the fight at the school I do not believe the NAACP was called - or atleast I dont recall ever seeing them… I do know that when Tahliek and his friends were slapped with the charges they had their family did make a big stink about it stating that it was racist b/c my brother and his friend got disorderly conduct and they were charged with Malicous wounding, and attempted murder for beating one unconcious and continuing to beat him while he was out causing him to go to the hosptial, both sustained pretty bad injuries but they made a big stink about it in court and all charges were dropped down to EVERYONE getting disorderly conduct and have to serve the same hours community service together…. which they had proof from the tapes at school that Tahliek and his friends started it and showed them beating the boys and holding their arms back while the others took swings on them… How is that fair??  and no i dont recall any article mentioning that…


PtownGirl
Apr. 7, 2009, 07:28 AM

E of Powhatan - let me set something straight, I am not friends with Ethan, Joey, or Stephanie… do i know one or all yes but I do not consider friends AT ALL… But my brother and Tahliek did have problems, did he say anything to them that day they got jumped NO!!!! so shut your mouth since you dont know me…


me of Powhatan
Apr. 6, 2009, 05:42 PM

Mr. Ring,
    There was a big stink made of the fight at the high school, the naacp was called and they made a big deal because the “gang” that beat the white kids got in trouble and the white kids did not. I guess all the injuries they got wasn’t enough. So they tried to say the school system was one sided. These are the same people that are stirring it up now.


Walter Ring of Chesterfield County, VA
Apr. 6, 2009, 04:51 PM

“This was not a race crime, unless you consider the time Mr. Taliaferro’s gang attacked those 2 white boys, nearly killing the one and leaving him with permanent brain damage.”

Did the Powhatan Today print an article on that crime? I seriously doubt it considering how biased the Powhatan Today is but if they did can someone send me a link?


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