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
and then being that i said to the committee that i support them. i went because of that. are you katz? this is elie katz. teaneck city council, deputy mayor katz. do you mind holding the poster of my brother? natacha: okay. thelma: you don t wanna hold it? natacha: no, that s okay, ma. male: one. we got it? natacha: that s the mayor and the deputy mayor. he refused to hold my brother s picture. mom, what s wrong? you re crying? how dare him to make you cry, ma? thelma: well, he had the nerve to say that? natacha: he doesn t care. (music) female: it really amazes me that it took months of hard work, negotiation and compromise to get the words black lives matter painted in the town of teaneck, new jersey.
thelma: when he walked on the stand, you know, i m telling you, i was saying he s nothing but the devil. that s what i said to myself. he is going to come up and he is going to say he was afraid of his life. he tried to save his life and not going to the jail or whatever. so i knew he going to try to defend himself. spath: and just spun. like this. franklin: that was the story that they were propagating, that the officer felt a threat to his life and physical well-being. the case by the prosecution was that there was
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)