Jury re-watches 2 key videos in police shooting of motorist

St. Anthony police officer Jeronimo Yanez stands outside the Ramsey County Courthouse while waiting for a ride in St. Paul Minn. Closing arguments are set for Monday Ju

The Minnesota police officer charged with fatally shooting a black motorist during a traffic stop past year, the aftermath of which was streamed on social media by the driver's girlfriend, was not justified in firing his gun, prosecutors said on Monday.

Yanez, 29, who is Latino, is charged with second-degree manslaughter, punishable by up to 10 years in prison, and with two lesser counts of endangering the safety of Castile's girlfriend, Diamond Reynolds, and her daughter for firing his gun into the auto near them.

A Minnesota police officer who shot and killed a black driver just after the man told him he had a gun "did what he had to do", a defense attorney argued Monday.

Yanez, 29, testified Friday that he clearly saw Castile's gun and that Castile disregarded his commands not to pull it out.

Prosecutors have run with the theory that Yanez's failure to use the word "gun" to alert responding officers at the scene and his language with investigators indicate that he never saw Castile's gun, which was later recovered from his right front shorts pocket, per Star Tribune.

The police video of the traffic stop and Reynolds' Facebook Live post were played in the courtroom last week.

The manslaughter trial went to a jury after both sides gave closing arguments Monday.

Yanez faces up to 10 years in prison if convicted of the manslaughter charge. Yanez shot Castile seconds after Castile informed him he was carrying a handgun.

"I'm not pulling it out", Castile said, in the audio of the police tape. He reminded the jury that a bullet hit Castile in what would have been his trigger finger - but there was no bullet damage around his pocket where he had the gun.

Attorney Earl Gray gave the defense's closing arguments with conviction.

Once he pulled over Castile's vehicle, Yanez said he smelled marijuana as he walked up and he claims to have informed Philando about one of the brake light's being out.

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Paulsen also pointed out that Yanez was the only witness to testify that he smelled burnt marijuana.

As Paulsen concluded his closing statements, the judge instructed the jurors that "culpable negligence" is a high level of negligence - gross negligence coupled with recklessness.

The defense said that Yanez, 29, reacted to the presence of a gun and was trained to preserve his own life in the face of imminent danger, pointing out that traffic stops are risky and officers need to think quickly.

Defense attorneys have argued that Yanez's actions were reasonable.

Gray immediately said he wanted to "get rid of that theory".

He also took aim at Reynolds' reliability, telling jurors that she lied under oath about the $40 she received from a BCA agent after getting a ride home from after an interview.

"Shots fired", Yanez told police dispatch.

He asked the jury to consider what might have happened if Yanez, when told of the gun, had simply stepped back a few feet to better assess the situation.

"Officer Yanez used deadly force as a first option rather than a last resort", he told the jury.

Deliberations began Monday afternoon, and will continue first thing Tuesday morning.

"The determination of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments about the force that is necessary in a particular situation under circumstances that are tense, uncertain, and rapidly evolving", the instructions state.

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