Jurors were deadlocked on the fate of Del City police Capt. Randy Trent Harrison and were excused from the courthouse in the early hours of Tuesday morning.
Judge Donald Deason instructed them to return to court Tuesday at noon for more deliberation.
It was the sixth day of the first-degree manslaughter trial in Oklahoma County District Court.
The jury began deliberating about 4:30 p.m. By midnight, 10 jurors were in agreement on one side, 1 on the other side, and 1 is reported to have refused to participate in deliberation. The jury foreman did not disclose how the jurors voted.
A mistrial had not been called in the case. After the jurors said they were deadlocked, the judge and attorneys gathered to discuss whether jurors could agree on an outcome. At 12:45 a.m., Deason sent them home with instructions to come back at noon.
Harrison is charged in the death of Dane Scott, 18. Scott was fatally shot in the back following a police pursuit and scuffle in southeast Oklahoma City March 14, 2012. He had been disarmed before being killed by Harrison.
If convicted, Harrison faces four years to life in prison.
“A good police officer crossed the line. He didn't follow the rules,” Assistant District Attorney Gayland Gieger said in closing arguments Monday afternoon.
“It became personal between Capt. Harrison and Dane Scott,” he said.
“At the time deadly force was used, this police officer was not justified in shooting, shooting, shooting, and finally killing,” Gieger said.
“There is no reasonable doubt in this case,” he said.
But defense attorney Doug Friesen argued that Harrison was just doing his duty and responding only to the threat of Scott.
“All Dane Scott had to do to get a different outcome was to stop. That's all he had to do,” Friesen said.
“They would like you to think Capt. Harrison is an out-of-control maniac,” he said.
“It's just another day at the office for him. It's just another bad guy.”
“When he had a clear shot and the legal reason for doing so, he took the shots,” Friesen said.
‘Trained to respond'
Harrison wept openly when he testified about the final moments of Dane Scott Jr.'s life Monday morning.
“I wanted to save his life. I was the one who shot him, so I wanted to try and make him live,” Harrison testified.
“I told him not to die on us.
“I didn't want him to die. He's a human being.”
Harrison also recounted the high-speed pursuit, the ground scuffle and the shots he fired.
He said he saw Scott point a gun in his face and that when he initially tried to shoot Scott, his gun jammed.
He described Scott running away from this initial confrontation.
“My concern at this point was that he was going to make it to the barricade, turn around and shoot me,” Harrison testified.
“I was sure that Dane Scott had a gun in his pocket.
“I responded like I was trained to respond.”
“To acquit Randy Harrison, you have to believe him over every other witness in the case,” District Attorney David Prater said Monday.
“The only person that had a bias to not tell the truth is the defendant,” he said.
Prater also pointed out that if Harrison really did think Scott was carrying another gun in his pants pocket, then he wouldn't have ordered another officer to un-handcuff Scott before checking for the weapon.
And, as a final point, Prater pointed out that there was blood on Scott's pants, but showed jurors that there was none on or in the pocket which Harrison said Scott reached into repeatedly for a second gun.
Previously in the trial
Harrison testified Friday that it was the first time since his police career began in 1988 that he fired his weapon. Harrison, a law enforcement driving and firearms instructor, had also been the commander of Del City police SWAT team.
Witnesses earlier testified that Scott continually reached for and pulled up his pants. Only one witness, 17-year-old John Lockett, testified that Scott made any attempt at surrender. Lockett said Scott put his hands up before he was shot.
Both Lockett and Cody Shannon, who were in the car during the high-speed pursuit, testified that they waved their hands out of the passenger window during the chase as a means to signify that they were not willingly going along with Scott's actions.
The chase culminated in a crash with a tractor-trailer near SE 15 and Interstate 35 in Oklahoma City. After the crash, Harrison and Scott got in a scuffle on the ground, with Scott eventually being disarmed of a pistol and taking off on foot into a small area enclosed on three sides by a chain-link fence.
Harrison testified on Monday that he thought the passengers may have been kidnapped and gave that as reason why he did not terminate the pursuit, which reached speeds of over 100 mph on city streets.
Harrison fired three errant shots before the fourth and final round, which struck Scott in the back. A pathologist testified that the bullet hit both lungs and his aorta.
Other Del City police officers at the scene testified at the trial that Scott was fleeing and made no attempt at surrender nor did they consider him a threat while he fled.
Jurors visited the scene of the crime last week with prosecutors and defense attorneys.