The murder trial of a former Fort Worth Police Officer accused of shooting and killing Atatiana Jefferson began shortly after 9 a.m. on Monday, December 5.
Aaron Dean was responding to a call about open doors at a house on East Allen Avenue on October 12, 2019, when he allegedly fired through a window, striking Jefferson.
The court heard opening statements and witness testimony from the nephew of the victim, Zion Carr.
Dean’s legal team filed a motion for a change of venue before the jury selection process, arguing that their client could not receive a fair trial in Tarrant County. Presiding Judge George Gallagher denied the motion.
Prosecution Opening Statements
In her opening statement, prosecutor Ashlea Deener told the jury that the evidence presented to the court will show that Dean never said he saw Jefferson with a gun and that Dean did not act in self-defense.
“This is a case about a Fort Worth police officer, a stranger to Atatiana, who shot through her bedroom window in the middle of the night when she was in her home and should have been safe,” Deener said.
Dean was responding to a call about a home with its doors left open.
Jefferson was babysitting Carr, who was 8 years old at the time. Carr had burned some hamburgers, and he and Jefferson opened the doors of the house to let the smoke out, according to Carr’s testimony Monday.
They were in Jefferson’s bedroom playing video games when the shooting occurred.
Deener told the jury that both Jefferson and Carr did not know that their neighbor James Smith had called Fort Worth police through a non-emergency number. Officer Dean and Officer Carol Darch responded to the call and went to Jefferson’s backyard to investigate.
Deener continued, saying that Jefferson heard noises and saw flashlights.
Thinking that she needed to protect herself and her nephew from whatever was outside, Atatiana got her gun from her purse and looked out the window, Deener explained.
Deener told the jury that they would hear Dean on his body camera video shouting, “Put your hands up! Show me your hands!” after which he immediately fired his gun once.
Deener explained that Dean failed to identify himself as a police officer and he did not say “gun,” as officers are meant to do.
“It’s not fast enough for Atatiana to process and follow the commands of the stranger in her back yard,” said Deener.
The body camera showed Officer Dean searching Jefferson’s room after the shooting. He appeared relieved when he found a gun, Deener told the jury. “This was not a circumstance where he was staring down the barrel of a gun and had to defend himself,” said Deener. “This is not a justification. This is not a self-defense case. This is murder.”
Defense Opening Statements
Dean’s attorney Miles Brissette argued that his client saw a silhouette in the window holding a handgun with “a green laser mounted on it pointing directly at him.”
Brissette argued that the evidence would show that Dean acted in self-defense, taking actions that were reasonable.
Brissette told the jury that his client had nowhere to go because his partner was behind him.
According to Brissette, this was “the first and only time” that Dean had drawn his weapon on the job.
Dean’s attorney told the court that his client could not tell the race or gender from the person’s silhouette but could only see a person pointing a gun.
Brissette explained that the dispatcher had classified the call as an “open structure call,” and the officers followed protocol for such a call, which, for the sake of safety, requires that two officers respond and simultaneously investigate the structure, while not revealing their position.
“This is a tragic accident,” said Brissette. “That officer considered that to be deadly force against him and he reacted according[ly], and tragically Ms. Jefferson lost her life.”
Witness Testimony
Carr, now 11 years old, was called by the state to testify as the first witness in the case.
According to his testimony, Carr was living with his grandmother, Yolanda Carr, and Jefferson, whom he called “Aunt Tay.”
Carr’s mother was sick, so Jefferson was helping to raise him. In addition to Carr, Jefferson was also caring for her mother, Yolanda, who was hospitalized at the time of the shooting.
Carr testified that his aunt heard a noise in the yard and retrieved her gun from her purse. He said she walked to the window to look outside. Carr said he did not remember hearing a noise or seeing the officers in the yard.
Jefferson was holding the gun at her side, Carr testified, and then he saw her “fall to the floor.”
“She started crying and after that two police officers came and got me,” said Carr. “I was thinking it is a dream,” he added.
Before the defense could cross-examine Carr, Judge Gallagher called for a break, noting that Carr appeared upset during his testimony.
Gallagher called attorney Lee Merritt into the courtroom, who represents the Jefferson family in civil court lawsuits, and told him not to watch the trial because he is also a witness. Merritt had been watching the trial on a video feed in a different courtroom, according to court officials.
Dean’s legal team suggested that Merritt could have influenced Carr if Merritt spoke to him about the case.
The trial could last weeks.
