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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

Tum tums jackie i don tNew jerseyMy name is gary spathPolice officersMike kellyPhillip pannell caseThelma pannellShouldn tRobert galantucciLet s goProsecution teamPolice departmentGun callThe standWell beingReckless disregard for human life