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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 defens ....
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 defe ....
Natacha: yeah. happy birthday, clint. hallelujah. yeah. thelma: i can t explain it. it s something that lifts from my heart. it s just like this, i can get some sleep tonight. thank you, jesus. i can go to sleep. i can go to sleep. just from planting a tree, we got to go through this hell. just for doing a tree. a tree! he was worth more than that. more than that. but i know i could sleep tonight. it is not over with yet. it s not over with. but i want those young peoples never to give up. don t give up. don t let them bring you down. don t cut the spirit. they have to keep fighting. don t give up. (music) ....
I don t understand why it happened. i forgave him a long time ago. not for his sake. i forgave him for my sake because i could no longer harbor that that hate. and the fact that clint wouldn t want me to hate him. you know, he he wouldn t have wanted me to hate him. william: i think that a lot has been learned in teaneck. yes, some time after the spath incident, the department started community policing. reporter: in 1994, the department decided there needed to be a radical change and turned to community policing, directly involving the community in the fight against crime. officer: but if we can we give them an active part in solving the problems, whether it s a block watch or citizens watch or they come ride with us sometimes on calls. so it s just really giving them a say in how the police department functions. ....
(music) in early 91, there was a tree planted in triumph park, down the street from intervale road where he was killed, and someone dug the tree up. and then they not only dug it up, they burned the shrub. so my mom and i, we wanted to be able to laugh and smile again. so the only way we figured that we could do that is to replant the tree. god bless you, clint, and the community of teaneck whether they want to remember you or not, they re going to remember you. (music) male: we are here to honor the life, humanity, love of family, friends, and the connection young phillip had on all of us. phillip s birthday is today, and he s 47 years old. batron: i think about phil every day. ....