A Florida jury on Friday acquitted a retired police SWAT commander of the shooting and killing of a fellow filmmaker during an argument over the use of a cellphone.
News outlets reported that deliberations in the trial began Friday and a six-person jury returned its verdict late last night.
Retired Tampa Police Captain Curtis Reeves, now 79, was charged with second-degree murder for the murder of Chad Olson during an altercation at a suburban movie theater on January 13, 2014.
During the closing arguments, defense attorney Richard Escobar said that Olson, 43, made Reeves, then 71, believe his life was in danger by turning, yelling and reaching towards him. He said Reeves made the decision to shoot based on his nearly 30 years of law enforcement and hours of training on the proper use of lethal force. Escobar said that Reeves didn't have to wait until he got hit before defending himself.
Escobar said, Reeves had "more knowledge, more experience, more study in that area than anyone in this courtroom." "It's a dangerous world."
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But prosecutor Scott Rosenwasser countered that Reeves killed Olsen because he threw popcorn in his face, angering him because it violated his self-image as an "alpha male."
"He wasn't afraid of anything," Rosenwasser said.
No one disputes most basic facts. Reeves and Olsen didn't know each other. They went to watch the matinee show of the Afghan war film "Lone Survivor" with their wives. Reeves takes seats in the back row, and Olsen one row in front of him, slightly to the right.
As soon as previews began and despite the announcement of cellphone closures, Olson continued to message her 22-month-old daughter's day care. Reeves leaned in and told him to stop - Reeves says politely, Olson's widow and others say it sounded like an order. Reeves went to the manager to complain, perhaps with abusive language, after Olsson categorically refused. When Reeves returned, noting that Olson had put his phone away, he told Olson not to tell the manager if he knew he would comply.
Stories fell apart as to what happened over the next few seconds, until Olsen grabbed Reeves' popcorn and flicked it back in Reeves' face. Reeves drew his .380 handgun, lurched forward and fired a shot, killing Olson and nearly severing the finger of Olson's wife, Nicole, who had reached to drag her husband back to his seat. .
Escobar said the evidence substantiated his argument that during the disputed seconds, Olson threw his cellphone at Reeves, hit him in the face, and then appeared ready to climb onto the seats and attack, before being shot, reached towards him.
Reeves testified Thursday that throughout his law enforcement career he had never encountered anyone who was out of control and feared he was going to be killed. Given his age, arthritis and other physical ailments, Reeves argued that he could not defend himself except by shooting.
Escobar said it took less than three-quarters of a second between the popcorn toss and the shot. It's too fast to cause Reeves to shoot, he said.
"Impossible," said Escobar.
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But Rosenwasser told Reeves' story a lie. The security video does not show Olson throwing away his cellphone, the prosecutor said, and Reeves had no injuries in the face where he says he hit her. But the video shows Olsson holding Reeves' popcorn bag, pouncing on it, and firing Reeves. Witnesses testified that they overheard Reeves and then murmured, "Throw popcorn at me."
He told Reeves' story about fearing for his life, that he was a physical "fragile egg" despite coming back from a hunting trip, and that Olson is all concocted as it spirals out of control. His aim, Rosenwasser said, is to cover up the fact that Reeves has an "alpha male mentality" and prefers the adrenaline rush of being a police officer and SWAT commander. Rosenwasser said that he killed Olsen in anger after hurting his ego after being challenged and throwing popcorn in his face.
He said that Reeves never fired his gun as he went through robbery/murder bureaus, fugitive apprehensions and SWATs, yet somehow this movie theater argument over cellphone escalated to the point that Reeves was left out of most control. Outside, the scariest one faced. And had to shoot.
"What's the most scared he's ever been in his entire career? Absolutely untrue," said Rosenwasser.
