McCallan plans to appeal jury's verdict in favor of LPD officer - KCBD NewsChannel 11 Lubbock

10/20/09

McCallan plans to appeal jury's verdict in favor of LPD officer

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By Ann Wyatt Little  - bio | email

LUBBOCK, TX (KCBD) - A week-long trial wrapped up Tuesday after jurors unanimously agreed Lubbock Police Officer Marsh Blackmore acted reasonably during a routine traffic stop back in 2006.

During that stop L.J. McCallan was tased and says the jury's verdict will not stop him from continuing to seek justice. McCallan says the verdict was not what he expected and now he says he plans to appeal. "I do plan on going farther with this. A lot farther, if the Supreme Court is the highest I can go with this so be it," said McCallan right outside the Mahon Federal Building.

Emotions were high as he and his family left the courtroom Tuesday. "Go ahead and tase the black people, we'll die," says McCallan's relative Olivia Gaywood.

"I assume that's what they wanted by the jury that was picked. They came back the decision was unanimous and that's what they wanted and that's what the City of Lubbock wants, go for it," says McCallan as he had hoped for a different outcome.

Jurors listened to hours of testimony and watched dash cam video from the scene as events unfolded and all decided Officer Blackmore did not use excessive force and did what any officer would have done in his shoes. McCallan's family simply does not agree with the twelve jurors. "He got off the hook today, but there is a tomorrow and they will do something," adds McCallan.

The Lubbock Police Department issued this statement, "The department is pleased with the verdict and would like to thank the jury for their careful consideration of all the facts and information presented to them in this case."

McCallan says this legal battle isn't over. "We fought and stood up to the law. We didn't win, but we will one day," says Kevin McCallan, L.J.'s brother. "I plan on pushing that the law will change and that I still will receive some kind of medical attention to my needs," adds McCallan.

No one from the defense wanted to comment after the verdict was announced.

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10/20/09
Jury rules in favor of tasing officer; Plaintiff's family furious
Emotions are high after a Lubbock jury unanimously agreed Lubbock Police Officer Marsh Blackmore did not use excessive force when tasing L.J. McCallan back in 2006.

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