Do you have a link for this? I looked on the Times Dispatch site but did not see it.
Officer found guilty of manslaughter
Richmond Times-Dispatch
Friday, October 20, 2006
The Richmond jury that convicted former police officer Michael Couture of voluntary manslaughter in the May 29, 2004, fatal shooting of Santanna Olavarria recommended Couture be punished for the crime with a $2,500 fine -- and no jail time.
The recommendation shocked and angered the Olavarria family. The victim's mother, Annette Olavarria, called the punishment "a joke."
The jury convicted Couture of voluntary manslaughter this afternoon in the fatal shooting of Olavarria in the city's East End.
Couture, 33, held his head in his hands at the defense table as the verdict was read, with his family and former partner Edward Aeschlimann looking on.
The seven women and five men on the jury apparently agreed with Richmond's Commonwealth's Attorney Michael N. Herring, who said Couture acted criminally when he fired what Herring called "a blind shot" that killed the 21-year-old South Richmond resident after what was described as a routine traffic stop.
The sentencing phase of the trial is now underway. Couture faces up to 10 years in prison.
Olavarria's mother, Annette, has taken the stand.
"When you killed my son," she said, looking at Couture, "You killed a part of every single person in my household."
At trial earlier this week, Couture testified yesterday that Olavarria was raising his hands and saying "don't" at the moment Couture fired the fatal shot while he was sprawled across the front seat of Olavarria's moving car. Herring argued that Couture had either pulled the trigger before he saw Olavarria's raised hands, or that he fired despite seeing them.
"Either way, he shot an unarmed man before he looked at him," Herring said.
The jury had to decide whether Couture acted properly in self-defense or was guilty of manslaughter.
Couture was tried in November on a charge of second-degree murder. The trial ended in a mistrial because the jury deadlocked.
Herring, who took office in January, decided to present a case for a lesser charge and also dropped a murder charge against Aeschlimann. Aeschlimann, 28, remains on the Richmond police force and testified on behalf of his former 1st Precinct partner.
Much of the trial's first two days focused on whether Couture's actions leading to the shooting were appropriate. The officers had stopped Olavarria on Fairfield Way, near Mechanicsville Turnpike, for running a stop sign in the Mosby Court area.
The officers said they saw Olavarria make movements that caused them to think he was hiding something beneath the seat. As Couture approached the partly open driver's door, Aeschlimann saw the handle of a handgun protruding from beneath the driver's seat and told his partner to get Olavarria out of the car.
Couture said he grabbed Olavarria by the arm and applied a hold designed to get him out of the car. Olavarria did not resist but was still wearing his seat belt. As Couture reached across Olavarria to undo the belt, he said Olavarria grabbed his shirt and tried to push him away. The car began to move, though testimony varied widely on how fast.
Couture disputed characterizations of previous testimony that he jumped into a moving car. He said yesterday that he ran beside the car as he struggled with Olavarria. He said he lost his balance, fell partly into the car and pulled himself the rest of the way inside with his face toward the passenger floorboard.
That's when he drew his gun, rolled over and fired one shot into Olavarria's chest.
