I was called once a year or three ago. It was the third or fourth time I had been called. Irritating, but I’m not one of those people that abhor jury duty. So I didn’t try to get out of it.
Much to my amazement, I was picked. Here’s the case as best as I can remember:
Police arrived at a home to perform a court-ordered eviction. The house appeared to be deserted. The knock on door, no answer. Then they use the PA system on the cruisers to get the tenant to come out (they see a curtain flicker or some such, anyway they are confident the guy is inside). No answer. Bang on door. No answer. 45 mins. go by. No answer. The police arm themselves with automatic weapons and make a forced entry. (Why they did this I don’t remember… I didn’t know that cops could do that to serve an eviction notice. But I digress).
First cop through the door encounters a man pointing a handgun at him. The man does not fire and the police officer immediately retreats without firing his weapon. Standoff ensues. An hour later the police use teargas to drive him outside, where they arrest him. Man is charged with several crimes and goes to trial.
Both police and the man agree on the sequence of events, but the tenant claims that he is hard of hearing and simply did not hear the police until the door was knocked open. He claims he didn’t know they were police and immediately grabbed his gun, thinking it was a break-in. He claimed the cop retreated before he could register the uniform [and how lucky are both men not to have been shot!]. When he realized it was the police (after looking out his window), he claims that he didn’t want to leave for fear of being shot—said he saw a guy in a ghillie suit in the trees nearby—knowing that he had pointed a gun at one of the officers.
We found him guilty. During the first part of the trial when the prosecution was questioning witnesses, the defendant was wearing one of those hearing aids that look like an old-school Walkman. But when he was called to the stand he forgot the device on the table. The judge, who was very quiet and soft-spoken, asked him if he needed the hearing aid—and the defendant heard him. That was the kicker. If it wasn’t for that little exchange we likely would have believed his side of the story.
It was an interesting experience. It took two days, it was more boring than anything. Free coffee and I knew one of the other jurors so we chatted while in the jury room.
The guy we found guilty, who was, IIRC, 63, was sentenced to 5 years in prison. We learned during the trial that his son owned the property and had decided to raze the building because the land had bad drainage and would flood in the winter. The defendant had almost no income and would have been homeless. Sad story. But still… he pulled a gun on a uniformed cop and didn’t get killed. Very, very lucky to have lived, especially since the lead officer was carrying a ready-to-fire M-16.
I’m not dying to do it again, but I certainly wouldn’t complain if called again.