Baltimore Officer Found Guilty Of Assault, Firearm Charge In Shooting Of Burglary Suspect

A jury has reached a verdict Thursday in the trial of Baltimore City police Officer Wesley Cagle.

Jurors found Cagle found not guilty of attempted first- and second-degree murder and guilty of first-degree assault and a firearm charge. Sentencing was set for Nov. 18.

Cagle, 46, was accused of shooting an unarmed burglary suspect who had already been shot and was in custody.

"I commend the witnesses who willingly testified against Mr. Cagle’s reckless behavior as well as my prosecutors who presented such a strong case," State's Attorney Marilyn Mosby said in a statement. "I'm glad to know that the jury looked at the facts and evidence presented in this case and ensured that justice was served."

In a statement, police media relations Chief T.J. Smith said Cagle is no longer entitled to protections under the Law Enforcement Officer's Bill of Rights, and that Commissioner Kevin Davis is taking "immediate action" to terminate Cagle.

"This case is an example of our absolute capacity to hold police officers accountable and serves as a reminder to our community that police officers in Baltimore are willing to step up when they see something they know is wrong," Smith said. "His actions are not representative of the vast majority of our men and women who wear this uniform."

Jurors deliberated for about two-and-a-half hours Tuesday before leaving for the day.

When they returned Wednesday, they had a question for the judge, "What happens if the jury cannot completely agree on one of the charges?"

The judge said to follow the instructions given by the court and to follow the questions in order on the verdict sheet.

The jury later returned to court to announce it had reached a verdict. Baltimore City Circuit Court Judge Wanda Keyes Heard asked jurors if they had reached a verdict, and the jury foreman said they had.

As the foreman read the verdict in court, he declared the jury had found Cagle not guilty of attempted first-degree murder.

On the charge of attempted second-degree murder, the jury foreman said, "Hung jury."

The judge told the jury it did not have the right to declare a hung jury or a mistrial and that it cannot go and do whatever it wants. She told the jury to follow the instructions from the court and to continue deliberations, reminding them that their verdict must be unanimous and that the court will decide if there is a mistrial and when deliberations end.

The judge allowed the jury to go home for the evening. They returned Thursday morning.

The jury focused on Cagle's actions on Dec. 28, 2014, to determine whether he had justification to shoot Michael Johansen after two other officers had already wounded him.

During closing arguments, prosecutors tried to convince the jury that Cagle shot Johansen and then bragged about it to other officers at the scene in the 3000 block of Monument Street.

Prosecutor Gerard Volatile said, "The person who he shot was a man lying on his back in pain, clutching his wounds. There was no reason to shoot the man."

During his testimony, Cagle claimed he saw a shiny metal object and thought Johansen had a weapon.

The defense explained to jurors that officers must make split-second judgements, and the jury must consider the reasonableness of Cagle's actions at the time. Defense attorney Chaz Ball claimed Cagle fired one bullet, and the state can't establish whether the bullet hit Johansen.

"The state can't support those charges," Ball said.

Ball used construction of a building as an example, telling jurors, "The state has to support a heavy roof. The state has to support it beyond a reasonable doubt in order for you to find Officer Cagle responsible, to find him guilty."

Assistant State's Attorney Kristin Blumer called Cagle's actions unreasonable, saying Cagle "goes up and wants to get in on the action. He doesn't want to miss out on being part of the story. The defendant is a bully. He wanted to be part of something he missed while hiding in an alley."

Cagle joined the Baltimore Police Department in the summer of 2001.