- Karl Thompson's defense attorney, Carl Oreskovich, filed a motion for an acquittal on the count of using excessive force in the death of Otto Zehm today in federal court in Spokane.
According to court documents, the defense claims the government failed to prove all four elements needed to find a defendant guilty of using excessive force:
Those elements are: .
1. The defendant was acting under color of law when he committed the acts charged in Count
2. The defendant deprived Otto Zehm of a right that is established by the Fourth Amendment to the constitution; namely, the right to be free from objectively unreasonable force
3. The defendant acted willfully; and
4. The defendant's conduct resulted in bodily injury to Mr. Zehm.
In the court documents, the defense claims the government proved three of the four, but it did not prove that Thompson acted willfully, meaning that Thompson acted with bad or evil purpose.
A hearing has been set for Dec. 19 for the acquittal motion on count 1, excessive force.
KHQ's Alex Rozier will have more details on KHQ Local at 5.
Then on KHQ Local News at 6, Alex will have an interview with the foreperson on the jury that convicted Thompson on both counts - using excessive force and lying to investigators - two weeks ago in federal court in Yakima.