Defense concedes shooting of Trumann police officer

— Defense attorneys admitted while questioning potential jurors Thursday that Jerry Lard fatally shot Trumann police officer Jonathan Schmidt during a 2011 traffic stop but said jury members should consider whether Lard had a mental deficiency before rendering a guilty verdict.

Lard, 38, of Trumann is on trial on a capital-murdercharge in Greene County Circuit Court. Prosecutors are seeking the death penalty.

Defense attorneys contend that Lard suffered from a mental deficiency and was unable to premeditate killing Schmidt - an aggravating circumstance needed to prove capital murder.

“He may be guilty of something else, but not of capital murder,” said Katherine Streett, one of Lard’s public defenders.

After four days of questioning, attorneys chose seven women and five men to serve as Lard’s jurors. They also selected one alternate, a woman, and will chose the final alternate this morning.

The trial is then expected to begin today with opening statements.

“You will have evidence that will convince you that Jerry Lard caused the death of officer Schmidt,” Streett told a panel of potential jurors.

“Most of what happened is on videotape,” she said, referring to images captured on Schmidt’s dashboard camera.

“You will see Jerry Lard shoot officer Schmidt,” defense attorney Teri Chambers said while questioning another panel of potential jurors.

While Chambers questioned one five-member panel about seeing the defendant shoot the officer, one man said, “Doesn’t sound goodfor him.”

That man was chosen to serve on the jury.

Schmidt, 30, was killed after he stopped a car driven by Brian Keith Elumbaugh on a Trumann street the night of April 12, 2011.

Lard was a passenger in the car, police said.

While Schmidt talked to Elumbaugh, a dispatcher radioed the officer and told him that authorities wanted Lard on a rape warrant, police said.

Police said Schmidt opened the car’s rear passenger door to talk to Lard, and Lard shot at Schmidt and Sgt. Corey Overstreet, who assisted during the traffic stop.

Schmidt was shot in the neck and later died. Overstreet was not shot, police said.

Streett said Thursday that the video of the shooting is “extremely difficult”to watch.

At one point on the video, she said, Schmidt is heard saying to Lard, “Please, don’t shoot me again.”

Circuit Judge Brent Davis ruled earlier this week that portions of the video won’t be allowed in court because they are too graphic and were “unduly prejudicial.”

The jury selection process was lengthy, and it took Davis and attorneys nearly threehours to question each fivemember panel.

Attorneys asked potential jurors about their beliefs on capital punishment and whether they could consider a mental deficiency as a defense.

One woman said she couldnot find Lard innocent simply because of a mental defect.

“If it happened, it happened,” she said. “I’m not going to say it’s OK because something wasn’t functioning right in his mind or body.”

Davis dismissed her from the jury pool.

Northwest Arkansas, Pages 7 on 07/20/2012

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