he was indicted for a criminal offense, manslaughter. reporter: witnesses say the teen had his hands in the air in a gesture of surrender at the time of the shooting. thelma: it s proven evidence. he surrendered. that s murder. he just shot him when he gave up. paul: listen, this was a tragedy, but phillip was a kid who had a gun who shouldn t ve had a gun. gervonn: it just didn t fit the narrative of a young boy that grew up in this community. i mean, this was teaneck. walter: to me, the facts in the case are so obvious, at least in this instance. we re going to get justice (music) reporter: we reported this morning defense lawyer robert galantucci surprised everyone in the courtroom, especially the prosecution team, by calling the defendant himself to the stand. let s go to the courtroom now live, where gary spath is testifying in his own behalf. mike: we didn t know that gary spath would testify as the trial began. there was some concern on the part of spath s defense atto
courtroom for the trial of new jersey versus police officer gary spath. mike: it is extremely rare for police officers to be put on trial. this was a police officer who claimed he was doing his duty. and in the course of doing his duty, he was indicted for a criminal offense, manslaughter. reporter: witnesses say the teen had his hands in the air in a gesture of surrender at the time of the shooting. thelma: it s proven evidence. he surrendered. that s murder. he just shot him when he gave up. paul: listen, this was a tragedy, but phillip was a kid who had a gun who shouldn t ve had a gun. gervonn: it just didn t fit the narrative of a young boy that grew up in this community. i mean, this was teaneck. walter: to me, the facts in the case are so obvious, at least in this instance. we re going to get justice (music) reporter: we reported this morning defense lawyer robert galantucci surprised everyone in the courtroom, especially the prosecution team, by calling the defendant
was it infuriating to people? yes, it was infuriating to people, particularly people who were hoping for a conviction. reporter: live now at the courthouse in hackensack, where the closing arguments are underway. ben: the defense said gary spath s life was in danger. the prosecution said phillip pannell s life was taken recklessly. galantucci: he had his hand in his pocket. he was coming around and he was going to shoot me. glenn: all that matters is those hands were in the air. they weren t near a pocket. they weren t near a gun. they were up. ben: now, tomorrow, the 12 jurors will deliberate the case. judge: a person is guilty of reckless manslaughter if a person recklessly causes the death of another human being. thelma: i looked at the judge, then i looked and it was all white jury. i just prayed and hoped to get justice for my son. (music)
reporter: we reported this morning defense lawyer robert galantucci surprised everyone in the courtroom, especially the prosecution team, by calling the defendant himself to the stand. let s go to the courtroom now live, where gary spath is testifying in his own behalf. mike: we didn t know that gary spath would testify as the trial began. there was some concern on the part of spath s defense attorney robert galantucci, that spath may not be able to handle testifying. he had left the police department. his career was in tatters. he was also facing the possibility that he could be convicted. male: do you swear the testimony you re about to give shall be the truth the whole truth, and nothing but the truth so help you god? patuto: some of the lawyers saying, oh, you never put the defendant on because he could be cross-examined. well, you know, i never subscribe to that,
he was indicted for a criminal offense, manslaughter. reporter: witnesses say the teen had his hands in the air in a gesture of surrender at the time of the shooting. thelma: it s proven evidence. he surrendered. that s murder. he just shot him when he gave up. paul: listen, this was a tragedy, but phillip was a kid who had a gun who shouldn t ve had a gun. gervonn: it just didn t fit the narrative of a young boy that grew up in this community. i mean, this was teaneck. walter: to me, the facts in the case are so obvious, at least in this instance. we re going to get justice (music) reporter: we reported this morning defense lawyer robert galantucci