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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


684 resident
Apr. 3, 2009, 07:18 PM

Lawrence was older

PtownGirl Didn:t meen to offend any one,when I knew these fellows they were a little younger I still see some of them every now and again they are always respectfull.If Tahliek was hitting a young lady that is not exceptable,and I would hope one of his friends would have stepped up and stopped it,but then agian sometime when you try defend a ladies honor you can still end up dead.


684 resident
Apr. 3, 2009, 06:50 PM

Lawrence is older.


chesterfieldst of chesterfield
Apr. 3, 2009, 12:22 PM

Brent,

That is possible but since that side has lied, I would have a hard time believing it now. I am going to stick with up to no good.

Anyone know who the driver of the other vehicle was?


Brent of Powhatan
Apr. 3, 2009, 12:02 PM

For those questioning why the 2nd car of Tahliek’s friends left the scene:

Maybe it was to hide evidence, but wouldn’t it make sense for them to leave seeing as the 1st car just got shot up?  Maybe their motive was no more sinister than pure survival.  After all, they had just watched as someone unloaded an assault rifle into their friend’s car!

I could accept the self-defense argument if it weren’t for the license plates being covered.  To me, that is evidence of premeditation.


PtownGirl
Apr. 3, 2009, 10:45 AM

sure thing chesterfieldst ... =)


chesterfieldst of chesterfield
Apr. 3, 2009, 10:43 AM

Thanks for the answer PtownGirl.


PtownGirl
Apr. 3, 2009, 10:23 AM

This incident with the fighting in school happened after football season, b/c they all had to serve/continue their community service through the summertime….


chesterfieldst of chesterfield
Apr. 3, 2009, 10:18 AM

Sportsmanship
• I will display good sportsmanship at all times as a participant and as a spectator.
• I will encourage teammates and refrain from making inappropriate remarks about officials,
opposing players, coaches or schools.
• I will place team goals above personal goals.
Conduct
• I must be a student “in good standing” in Powhatan County Public Schools; that is, I must follow
the Powhatan County Public Schools Code of Student Conduct and all school and team rules.
• I am not eligible to participate in practice, competitions, or contests when I am assigned to In-
School Suspension (ISS) or suspended out of school (OSS).
• If I am involved in a violation of the law, I may be suspended or removed from the athletic/nonathletic
team. Suspensions may be longer than a season or permanent, depending upon the
violation.


**** PRETTY USELESS *******  It didn’t answer my question


Tom
Apr. 3, 2009, 09:41 AM

Unless your son’s school has the exact same ‘student code of conduct’ as Tahliek’s you can’t compare the two.

Check Powhatan HS’s website I’m sure their code of conduct is there and explains disciplinary actions etc. for fighting and academic requriements for sports.


chesterfieldst of chesterfield
Apr. 3, 2009, 09:38 AM

Tom.. I am shocked that they would allow a student to play after being in trouble. It has nothing to do with MY son.

Maybe Chesterfield has higher standards.


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