Judge refuses to dismiss charges against cop in Philando Castile's death

ST. PAUL — The case against a Minnesota police officer who fatally shot a black man during a traffic stop in July can proceed, a judge ruled Wednesday.

St. Anthony, Minn., police Officer Jeronimo Yanez is charged with second-degree manslaughter and two counts of dangerous discharge of a firearm in the July 6 shooting of Philando Castile. 

The aftermath of the controversial shooting was broadcast on Facebook Live by Castile's girlfriend, Diamond Reynolds, who along with her daughter were passengers in the vehicle.

During a hearing Wednesday, Yanez's attorney argued to have the manslaughter charge dropped, arguing that Castile's actions contributed to his death. The hearing stemmed from a motion filed in December

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Castile was pulled over while driving in the nearby suburb of Falcon Heights, Minn., because he resembled a suspect in a gas station robbery that took place earlier in the evening, according to prosecutors. Before he was shot, Castile told Yanez that he was carrying a firearm — he had a permit to do so — and told the officer that he was not pulling it out, prosecutors said.

Prosecutors maintained that defense arguments on the validity of the charges against Yanez need to be made at trial, not now. 

Defense attorneys said Yanez told Castile four times, "Don't reach for it," and that he had no choice but to shoot him. Yanez's attorneys said the officer reached into the vehicle to try to prevent Castile from grabbing his weapon.

"This was not a reach for the wallet, it was a reach for the gun," said defense attorney Paul Engh. "The fact he was impaired is critical," he said, referring to the autopsy report that Castile tested positive for the presence of THC, the mind-altering ingredient in marijuana, in his body.

Prosecutors had a different take on the events that fateful night, admitting that Castile had been smoking marijuana but arguing that does not mean impairment. They say the squad car video shows Yanez asking for license and insurance, at which point Castile informs him he's carrying a firearm. The prosecution says Castile was simply pulling out his wallet as asked, when the officer began yelling "don't reach for it," with both Castile and his girlfriend insisting he wasn't "reaching for it."

► Related:Philando Castile's family, girlfriend support manslaughter charge

At that point, prosecutors said Yanez shouted "Don't reach for it" one more time, then rapidly fired his gun seven times. 

"The question is what would a reasonable officer do?... and that is for a jury to decide," said Jeff Paulsen, the assistant Ramsey County (Minn.) prosecutor.    

In his ruling, Judge William H. Leary wrote, "The law that applies to Defendant's argument is unequivocal. A decedent's allegedly unreasonable conduct does not, in and of itself, require the dismissal of a complaint."

Leary also wrote that, given the evidence disclosed by prosecutors, it is fair and reasonable for the case to proceed. He said both sides interpret the evidence differently, and if a jury accepts the state's interpretation, there is a chance it could prevail.

The fatal shooting of Castile occurred during the same week as the police-involved shooting of Alton Sterling in Baton Rouge. The two incidents spurred protests around the country, including one in Dallas where five law enforcement officers were fatally shot by a sniper.

On Feb. 27, the parties in the Castile case will be in court so Yanez can enter a plea. His attorneys have indicated he will plead not guilty to the charges. 

Contributing: Aamer Madhani, USA TODAY; The Associated Press. Follow Lou Raguse and Dana Thiede on Twitter: @LouRaguse and @DThiede_karedog

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