FORT WORTH, Texas — A Tarrant County judge ruled on various motions Monday in the case of the former Fort Worth police officer who shot and killed Atatiana Jefferson in October 2019.
Judge David Hagerman reviewed requests from the state and defense in the murder trial, which is scheduled to begin on Jan. 10. Monday’s hearing, which took place from about 9:30 a.m. to noon, focused on seven motions filed in March 2020 by Aaron Dean’s defense team. The motions hearing will continue Tuesday.
Most of the motions heard Monday dealt with the defense team’s requests for the state to turn over evidence and materials that prosecutors plan to use or might use during the trial and sentencing. The defense team, which consists of attorneys Harrison Oldham, Miles Brissette, Robert Gill and Timothy Kae Chung Choy, asked that prosecutors turn over essentially every discovery item they have in their possession that might relate to the case.
In one motion, the defense team listed 45 examples of information the prosecutors should turn over, including the names and addresses of witnesses, all 911 calls and dispatch records related to any incident involved in the case, and any criminal history or disciplinary records of witnesses. The list includes 151 Fort Worth police officers that the state has identified as potential witnesses. The judge granted those requests.
Prosecutors said at the hearing that much of the information requested has also been turned over to the defense but that some of it will require additional inquiries that could be time-consuming.
Prosecutor Dale Smith argued many of the defense team’s requests were overly broad and burdensome. For example, Dean’s defense team asked for any and all policies and procedures from Fort Worth police that may relate to trial testimony. Smith argued the request was too vague and the prosecutors had already handed over all general orders in their possession that relate to the case. Gill responded if the state had already complied with the order, he did not understand the objection to the motion.
Hagerman granted most of Monday’s motions with the caveat that prosecutors don’t have to hand over anything that they are not required to under state law.
The hearing will continue at 9 a.m. Tuesday. The most significant motion still to be discussed this week is the defense team’s request for the trial to be moved out of Tarrant County. The motion for a change of venue was filed Nov. 30. Dean’s defense team claims that Dean cannot receive a fair trial in Tarrant County because of media coverage and “considerable prejudicial discussion” around Jefferson’s death. The defense also has asked to delay the start of the trial.
Prosecutors responded in a filing on Dec. 8 and asked the court not to make a decision on the change of venue motion until potential jurors are questioned. Jury selection is scheduled to begin Jan. 4. The trial is expected to begin Jan. 10. in Tarrant County’s 297th District Court.
Jefferson, a Black woman, was fatally shot through a window by Dean, who was responding to a call about her door being open. The 28-year-old was playing video games in the home with her 8-year-old nephew when she heard someone in the back yard, Dean’s arrest warrant said. She proceeded to grab a gun from her purse and looked out the window. Dean, whose body-camera footage showed he did not identify himself as an officer, fatally shot Jefferson within seconds.
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