Joseph Weekley
A judge on Friday dismissed an involuntary manslaughter charge against the Detroit cop charged in the death of 7-year-old Aiyana Stanley-Jones, the Detroit Free Press reports.
If the ruling stands, only the charge of careless discharge causing injury or death remains against officer Joseph Weekley, reports Elisha Anderson of the Detroit Free Press.
The defense had asked to dismiss the charge over the protest of the prosecution, which asked for, and received a stay on the order.
Judge Cynthia Gray Hathaway adjourned the proceedings until Monday to give the Court of Appeals a chance to weigh in, the Freep reports.
Steve Fishman, Weekley's attorney, said in order to convict on the involuntary manslaughter charge, the jury must find him guilty of gross negligence, which means Weekley "willfully disregarding the results to others that might follow from an act or failure to act."
He said willfully means that he knowingly created the danger and intended to cause injury. No credible evidence was presented that Weekley did either of those things, Fishman argued.
