40 candidates remain for Hastings-trial jury

Friday’s round of questioning by Pulaski County Circuit Judge Wendell Griffen left about 40 jury candidates available for the attorneys to choose from Monday when the selection process in the Josh Hastings manslaughter trial resumes.

Griffen excused 13 of the 19 prospects he questioned Friday after they reported having some prior knowledge about the accusations against the fired Little Rock police officer who will stand trial for killing a teenage car-burglary suspect last year. Hastings said he was forced to fire to save himself.

Some of those candidates had made up their mind about some facet of the case based on pretrial publicity and said they did not believe they could change their opinion. Others didn’t have the time available to devote to the trial, which is scheduled to run through Oct. 4.

And several could not understand the judge’s admonishment that Hastingscould not mount a self-defense claim under the law.

One prospect, a gym owner who competes in simulated self-defense scenarios, was excused Thursday after he said he believed the legal prohibition is “morally wrong,” but that he thought he could set aside that belief to abide by the law in rendering a verdict.

In discussions with the attorneys, Griffen said he has been questioning jury candidates about whether they can abide by that instruction because Hastings is accused of acting with criminal recklessness when he opened fire.

To decide whether Hastings was reckless, jurors do not consider what Hastings intended to do when he opened fire, but whether the actions he took were a reasonable response to the situation, the judge said.

If Hastings acted reasonably, he must be acquitted, the judge said.

Hastings, 27, was fired from the police force and arrested for fatally shooting 15-year-old Bobby Joe“Weedy” Moore III in August 2012.

Hastings said the teen had tried to run him over at a west Little Rock apartment complex. Hastings, a five-year police veteran, had been dispatched to the apartments to investigate complaints about car breakins.

Hastings told investigators he had to shoot to save himself from a car that was going to run him over.

But the police inquiry contradicted his account, and prosecutors contend the vehicle driven by the teenager was either stopped or backing away from Hastings when the teen was shot.

The final 40 candidates scheduled to appear at 10 a.m. Monday were culled from the approximately 205 prospects who Griffen called to his courtroom during the week-long selection process.

But there will still be more questioning from the judge Monday before defense attorney Bill James and chief deputy prosecutor John Johnson can pick the nine additional jurors needed to fill a 14-member panel, which will include two alternates. The first five jurors were selected Wednesday.

Candidates excused by the judge this week include one of Moore’s former teachers and the wife of Dr. Charles Kokes, the state’s chief medical examiner who will testify about Moore’s autopsy.

One woman was released because she still carried a bullet in her lungs after a murder attempt almost 30 years ago and said her “sensitive heart” would likely make her sympathetic to the dead teenager.

Another woman said her son is serving life in prison for capital murder after standing trial more than 10 years ago. The woman was excused after she said she was certain her son’s trial had been unfair.

One man was excused after he could not satisfactorily explain to the judge or the lawyers the timing of his decision to write a letter to the editor published Thursday in the Arkansas Democrat-Gazette.

Northwest Arkansas, Pages 17 on 09/22/2013

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