SPOKANE, Wash. - A federal judge has denied a defense motion for acquittal in the Karl Thompson case. Thompson's Defense Attorney Carl Oreskovich filed the motion to acquit the former officer of his excessive force conviction November 17th saying that the government was never able to prove that Thompson acted willfully, with bad or evil purpose the night of the Otto Zehm incident.
Monday Judge Fred Van Sickle disagreed saying "a reasonable jury could find the defendant acted willfully."
On November 17th, the same day the defense filed its motion for acquittal, the Thompson jury forewoman, Diane Riley, sent KHQ's Alex Rozier an e-mail writing quote: "How much more clear could I have been? We did find Thompson GUILTY OF WILLFULLY VIOLATING MR. ZEHM'S RIGHT TO BE ARRESTED WITHOUT EXCESSIVE FORCE!
Though we could not bring ourselves to use the words bad purpose and evil doing..... we [the jury] did find that Thompson acted WILLFULLY. Our instructions were to find him guilty of one of the (3) conditions: 1) bad purpose 2) evil intention 3) negligence/recklessness. "
"Thompson willfully engaged in reckless and negligent behavior that caused harm and injury (and ultimately death) to Mr. Zehm. That is what we found him guilty of gross negligence and recklessness."
As this motion was denied, the sentencing day remains set for January 27th.
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