After four days and about 20 hours of deliberations, a weary federal court jury on Monday announced for a second time that it was deadlocked in the case of a former Memphis police officer accused of beating a transgender prisoner in 2008.
U.S. Dist. Court Judge S. Thomas Anderson, who told jurors on Friday to keep trying, reluctantly declared a mistrial this time and said he would rule later this week on prosecutors' request for a new trial date for Bridges "Sutton" McRae.
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Bridges McRae
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Bridges "Sutton" McRae, a former Memphis police officer charged with beating a transgender prisoner, leaves federal court Monday after a mistrial was declared in his case. The judge will rule this week on a prosecution request for a new trial date.
One female juror, who asked not to be identified, said later that the verdict was 11-1 in favor of guilty.
McRae, who carried a Bible on Monday, said he was placing his faith in God. He faces up to 10 years in prison if convicted.
He was charged with violating the civil rights of Dwayne "Duanna" Johnson, who was being booked into the Shelby County Jail in February 2008 after being arrested for prostitution.
A surveillance tape showed McRae wrapping his handcuffs around his fist and punching Johnson six times in the head and then using his pepper spray. Johnson sustained a cut to the head, but did not require stitches.
McRae testified that Johnson became upset and uncooperative during the fingerprinting process because he was referring to Johnson as Dwayne instead of Duanna.
The officer said that when he tried to get the 6-foot-5, 250-pound Johnson to stand up, Johnson pushed, slapped and scratched him and that he responded in self-defense.
Another officer testified, however, that McRae told him afterward that, "I love to fight."
McRae was fired after the incident in the jail sally port.
Johnson, 43, was shot to death in November 2008 in North Memphis. No arrests have been made.
The seven women and five men on the jury asked the judge Thursday for an expanded definition of the term "willfulness," which was used in the jury instructions.
In criminal law, willfulness refers to an act done with a bad purpose and without justifiable excuse.
The judge issued a supplemental instruction, saying that if the defendant voluntarily and deliberately committed an act that deprived Johnson of a constitutional right, it is not necessary for the government to prove that McRae knew his actions would violate that right.
The female juror who spoke Monday said that term remained a sticking point and led to the deadlock.
"We were seeking justice. That's all," she said, declining to reveal how she had voted.
On Friday, the judge gave the deadlocked jurors an Allen charge, sometimes called the "dynamite charge," ordering them to renew their efforts to reach a unanimous verdict without anyone surrendering honest beliefs.
"Usually after a judge dynamites them, if they're not back with a verdict in an hour or two, they're usually not coming back with one," said longtime trial attorney and former state prosecutor Jerry Easter, who was not involved in the McRae case. "If one juror just bows his back, which it sounds like happened in this case, there's nothing they can do.
"That's a lot of deliberation. I don't know that it's the longest (locally), but it's certainly right up there."
Jury declares stalemate
The four days of deliberations in the case ended Monday afternoon when the jury foreman sent this note to the judge:
"Your honor: We have done our best to reach a verdict, but we are deadlocked. There has been no change in anyone's point of view."
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Comments » 189
HowLongBeforeHerentonIsBankrupt writes:
Plenty of reasonable doubt. Don't rely on everything the media puts out there. There is much more to the case than what has been reported. Don't act like you know what you're talking about unless you've seen the evidence and been in the courtroom.
sgtutvols#230217 writes:
The media did not "create" that video from the jail so they can put out whatever they want but that video told me all I needed to know about Bridges McRae. I would never want him for a partner. Period. He is toxic.
HowLongBeforeHerentonIsBankrupt writes:
And you've seen the whole video? I didn't think so. You're a fool. I didn't say they created the video. I said don't believe that's all there is to it. They don't put everything out there for you to see.
ReverendLove writes:
Duanna Johnson deserves justice, and this community will not rest until justice is served. Mr. McRae deserves to be put away for a very, very long time.
Misanthrope writes:
Well, little Bridges “Sutton” McRae ought to get his tail out to Piperton and join up with that gaggle of misfits.
Mayor Buck "Naked" Chambers and "Chief" Eddie Palmer will be proud to have him!
awculv#205061 writes:
Not surprised. This backwater city breeds racist homophobic haters as well as mosquitoes. That's why most young educated folks leave as soon as they can, and we can't attract knowledge workers. Our economy will not improve as long as it's acceptable for cops to beat the "other" and not be punished appropriately.
Essence writes:
No Justice. No Peace.
bluetaxi writes:
Try him again
AirportHire writes:
How will he ever know that justice was or was not served? He was a habitual criminal that was killed later for his misdeeds. What is your point?
sgtutvols#230217 writes:
Actually I have seen it. More than once. Uncut and unfiltered. And yes, fool, the entire thing.
reflection writes:
Try him again. Bankrupt this sociopath.
FIRSTINLINE writes:
It must have been very difficult for the jury. Obviously some of them were not convinced that the prosecution had enough evidence. I hope McRae doesnt sue the city. Memphis is broke. So Sad..
mpdenforcer writes:
It's funny how the Gay community is so set on McRae but not on the people who actually murdered Johnson. Still I guess it's better to be upset about a butt whopping then a horrible murder.
That's what I call a typical Memphis mentality.
reflection writes:
Well said, awculv#205061. The trouble is, not only do we have out-of-control cops in this town, we've also got the 101st Chairborne Bootlickers here on the CA comment section to back them up. It's a bad day to be black or transgendered, that's for sure.
HowLongBeforeHerentonIsBankrupt writes:
And you've seen the physical evidence and heard all the witnesses' testimonies in court? If so, you would see that they all contradict each other, themselves, and the videotape. The video alone doesn't show the whole story. You need to get better educated and learn ALL the facts instead of relying on the media.
hawk1 writes:
This guy should not be allowed to carry any sort of weapon. He's a violent criminal.
HueyNewton writes:
MISTRIAL????? THE COP IS ON CAMERA BEATING THE HANDCUFFED VICTIM SO WHAT IS A MISTRIAL ABOUT??? It doesn't matter what happened before the camera's were rolling the suspect was handcuffed and subdued. He was a bigot anyways he was yelling gay slurs as he was beating her/him. Can Memphians get anything right? This was a chance to show cops that they aren't invinsible but noooo these dummies couldn't get it right. He was on camera idiots beating away and you come away deadlocked?? Maybe some jurors had the same homphobic ways like the cop is why they couldn't see the the evidence on the tape.
thecatsmeow writes:
Clearly excessive force to me.
HueyNewton writes:
Is this article and case about the people who murdered Johnson?? No it's about the bigot cop who beat a handcuffed Johnson like some kind of dog!
romarospivey#262352 writes:
How in the heck was there a mistrial? Even if she was unruly, how do you justify what was shown in the video, even with evidence from the cop who was there that he was out of control?
SMH
emoonipator writes:
I don't know you...but I do know #230217 and the answer to your question "And you've seen the whole video?" is yes.
Perhaps you shouldn't make such blanket statements if you haven't seen everything there is to see.
Oh, and chances are Herenton will finally be out of money when you stop giving it to him.
Monty writes:
While the city tries to convict this guy, people are being robbed, murdered, raped, carjacked, and stolen from. Wouldn't it make a lot more sense to go after the criminals waiting for trial then to try to convict this guy? I just don't see him being a danger to the public. People that want to make it a black vs white thing are forgetting that the guy was huge and refused to obey the cop.
Hogs2009 writes:
Has there not been a murder trial for who murdered the jail inmate? If so, why not? Any suspects in that case arrested and in jail? That case would seem to be a bigger deal than this.
mksmemphis#563137 writes:
Something's fishy about this whole thing. I'm not a conspiracy theorist by any means, but the victim was murdered and now there's a mistrial for the former MPD assailant. I'm not saying anything, but I'm just sayin'... I mean, look at the current corruption in all facets of Memphis government.
Lostballnhighweeds writes:
That's just plain stupid.
Cops who beat suspects ARE criminals.
And yes, they should be convicted and incarcerated just like any other criminal.
HueyNewton writes:
He is one of the criminals dummy. So i guess it's ok to beat a subdued handcuffed person like some animal ignore it and go after some robber??? Your the only one said anything about race. Your another idiot who hadn't seen the video how unruly can a seated handcuffed person be??
reflection writes:
Monty, it's not an either/or. We can go after the rapists, murderers, et al *and* prosecute the violent cops. But you knew that already.
DaGreek writes:
Johnson was not handcuffed at the time. Try watching the video again.
ChickPea writes:
Yes, this one stinks. And justice is going to be hard to come by.
mouserat writes:
(This comment was removed by the site staff.)
mpdenforcer writes:
Actually Huey it is about the people who murdered Johnson, though you might not read it that way. No one has stepped up to the plate since the 20 or so Peace and Justice organization and a few others stood outside the CJC. Since then see if you can find a article in the CA about the murder. It's still a cold case. I was downtown when it occurred during that little demonstration and thought how sad. Then I watched as hundreds of people stood outside the animal shelter and weep over the treatment of animals and I knew what Memphians really cared about.
You are wrong about one thing, Johnson wasn't beaten like a dog, because people here care more about animals than the lives of other humans. He was shot down like a human just like many other humans in this city every day. Johnson survived the butt whopping, he did not survive the killing and as long as the actual killers are running loose in this city, no staight, gay or human is safe. That's what we should be angry about.
Tigertate writes:
11 to 1 for conviction. Wow
It takes balls to be that one dissenting voice.
ultimatedemand#628570 writes:
There was a video that clearly showed the officer in the wrong.
--He was lashing out because his parents named him BRIDGES!
ChickPea writes:
You are a real piece of work rat.
Mom must be proud.
hardbw writes:
Somebody said plenty of reasonable doubt 11-1 in favor of conviction . Maybe someone's math is better than mine but 11-1 is almost no doubt
shyd2 writes:
Monty, the city is not trying to convict this guy, the feds are. I don't care if the suspect didn't obey his orders, it still didn't give him the right to beat anyone!! It is not black/white for me. My husband is a cop and he thinks it was excessive force. It goes against MPD's use of force policy.
jward8390#294858 writes:
Sorry to rain on your parade, but she was not handcuffed. If she was, she would not have been able to stand up and swing punches back at the officer.
Monty writes:
Yes, I am all wrong. The cops should try to get the criminals to obey their commands by showing them love and offering them cookies. Why don't you join the police force and try that out to see how it works?
lovely035 writes:
This is bullsh...Now he will go work for the Bartlett Police Department so the next time he does this it will be justifiable.
reflection writes:
Your use of absurdity to counter my point that we can go after criminals *and* rogue cops underscores the point that your argument is lacking content. In fact, most of your replies are like that.
Funny strawmen and bon mots are ok for the Crime Report, but if you really want to discuss things like an adult, you should probably up your game a bit.
HowLongBeforeHerentonIsBankrupt writes:
Have they also seen all the evidence and heard all the testimonies? I didn't think so. I was in court throughout the trial and saw/heard everything, not basing my opinion on assumptions and what the media reports.
ChickPea writes:
No. But Johnson WAS seated.
NikM755 writes:
(This comment was removed by the site staff.)
Mickey0613 writes:
How ridiculous is this? Watch out!!! This just shows the MPD can beat your @$$ for nothing and you can't do anything about it. PATHETIC!!!
HueyNewton writes:
So you and your cop buddies can beat people because "he/she talked back" then you add extra lies in your report and idiots that post on this website believe you? Why are you changing the subject this has nothing to do with the people who killed him/her. This is about your bigot cop friend beating a person. And everybody wanna talk about "Johnson was unruly" after being hit a few times for nothing wouldn't you get unruly? And besides he/she was killed shortly no suspects no nothing sounds fishy to me my cop friend.
Grandmotherof6 writes:
There is no excuse for the beating of Duanna. I find it suspicious she was murdered shortly after the charges were made against the officer. The long arm of the law is just that, long. Reckon someone was hoping if Duanna was no longer around she couldn't testify?
Just sayin'.......
HueyNewton writes:
Duanna was a homosexual man pretending to be a women who was a drug addict and a prositute
Ok and???
So skinhead nazi looking McRae did the right thing by beating a person who was seated just because he was a homosexual?. What's next from you "oh he was walking with he's pants sagging so i had to beat him he looked at me funny". Thank god your not a cop.
HueyNewton writes:
Exactly. No suspects no evidence no nothing.
midtownpooldude2 writes:
The good citizens of Memphis get up in outrage when the police mistreat (beat or shoot) a dog.
We have video and testimony that a HOMOSEXUAL TRANSGENDER CRACKHEAD PROSTITUE was beaten and mistreated by the Memphis Police department, and there is a mistrial.
The picture is clear. This is wrong. A conviction is necessary justice.
fedexboy1966 writes:
I hope someone reminds you of those words one day Monty.
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