Patrolman Jonathan
Schmidt was killed in the line of duty on this date, 12 April 2011 in Arkansas.
Let us honor him. To learn more about him, please go to the other blog of mine.
I will post a news source where we will hear from the courts.
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Patrolman
Jonathan Richard Schmidt
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INTERNET SOURCE: http://www.democrattribune.com/story/1878169.html
Lard receives death
sentence
Friday,
August 3, 2012
By NAN
SNIDER / Special to the Democrat Tribune
Jurors
sentenced Jerry Lard to death Saturday morning, July 28, in the April 2011
shooting death of Trumann police officer Jonathan Schmidt.
The jury
of seven women and five men found Lard guilty of capital murder on Thursday,
July 26, and voted unanimously Saturday for him to be put to death by lethal
injection.
Circuit
Judge Brent Davis set Lard's execution to be on April 12, 2013 -- exactly two
years to the day after he killed officer Schmidt.
The final
verdict came 11 days after the jurors had first been summoned to the Greene
County courtroom in a change of venue from Poinsett County. Jury selection for
the capital murder trial began Monday, July 16, and four and a half days later,
on the following Friday, testimony began.
The guilt
or innocence trial phase took another four and a half days and sentencing
another two days. The 12 jurors voted unanimously for a guilty verdict on all
three charges against Lard, including capital murder in the death of Schmidt,
attempted capital murder for shooting at Trumann officer Sgt. Corey Overstreet,
who was not injured, and with possession of methamphetamines.
Prosecutors
Scott Ellington, Kimberly Dale, Andy Fulkerson, Jimmy Gazaway and David Boling
said Lard made a conscious choice to shoot officer Schmidt with intent to kill
when, during a routine traffic stop, Schmidt approached the vehicle in which
Lard was a passenger.
Prosecutors
presented a body of evidence during the trial consisting of police vehicle dash
camera videos, personal body microphone recordings, crime scene photographs and
testimonies of physical and mental health professionals to prove that Lard did
not have a mental defect or impairment and acted with malice and forethought.
The
videos showed Schmidt pulling over a silver Hyundai Sonata, driven by Brian
Keith Elumbaugh, at about 11:20 p.m. on Pine Street in Trumann. Overstreet was
called to the scene for backup.
Elumbaugh
testified he was not surprised to be stopped since he had failed to appear in
court on a misdemeanor charge related to the city's dog-leash law. Through a
routine radio check, a dispatcher sent word that Lard, a passenger in the back
seat of the vehicle, had an outstanding warrant for rape, and Schmidt moved to
the back door of the vehicle to speak with him.
The film
showed Lard being shot in the chin by Lard with a .25 caliber handgun. Schmidt
moved to take cover but was pursued by Lard, who exited the vehicle, firing his
weapon at both Schmidt and at Overstreet, who was standing at the back of the
vehicle with other occupants who were being questioned.
Lard had
his handgun in one hand and a soft drink cup in the other hand as he continued
in a rage to pursue the officers and yell obscenities as they took shelter
behind their police cars.
Lard shot
Schmidt two more times with his own gun before picking up Schmidt's .40 caliber
service weapon, dropped by Schmidt after his initial injury, and firing a final
shot into Schmidt's head. Schmidt could be heard on the video pleading for his
life just before the last shot was fired.
In his
testimony, Overstreet told the court, "When I looked in Lard's eyes as he
began to shoot at me, I could tell he was hell bent on killing us that night."
After
Lard shot Schmidt the fourth time, Overstreet managed to bring Lard down with
his weapon. As Lard lay on the ground wounded, Overstreet said, he went back to
the side of his fellow officer.
"I
got him bud," Overstreet said he told his friend.
Schmidt
died in an ambulance enroute to NEA Baptist Hospital in Jonesboro, where he was
later pronounced dead.
Defense
attorneys Teri Chambers, Katherine Streett and Jacqueline Wright contended Lard
had suffered brain damage and was mentally ill at the time of the shooting.
They introduced witnesses Wednesday, July 25, who testified of Lard's abusive
childhood, use of methamphetamines at a young age and the effects of drug use
on the brain. The defense contended elevated amounts of dopamine can possibly impair
impulse control and cause paranoia, hallucinations, rages, anxiety and
insomnia.
Schmidt's
family and friends wept openly throughout the trial as many of them viewed
actual crime scene footage for the first time and heard final conversations
between Schmidt and Lard.
The
slayed officer's father, Donald Schmidt Sr., his widow, Andrea Schmidt, and his
brother, Donald Schmidt Jr., gave victim impact statements.
Donald
Schmidt Sr. read heart-wrenching notations from a journal he kept after the
night of his son's death.
"When
you lose a child, you lose a piece of yourself," he said. "We were
all emotionally destroyed. My wife (Kathy) had to go to the hospital.
Jonathan's children Chase, Haley and baby Keaton can't understand what
happened, and it was hard if not impossible to explain it to them."
"Death
has a sting," said Don Schmidt Jr. "My family has felt it. We are
still hurting. This has been the greatest hurt ever."
"My
son (Keaton) is 18 months old and he will never know his father," Andrea
Schmidt said. "Chase (13) and Haley (11) had to go back to live with their
biological mother after living with us for 10 years. Their lives have been
turned upside down. Keaton looks everywhere for his father to come home and
longs to play with his brother and sister. I am their mother and I can't
protect them from the pain. I can't even remember eight months of my life. I
wasn't able to go back to work for four months, and we lost our insurance. I
can't sleep at night. I seek peace and understanding of all this. My life is
darker without his light in it."
Andrea
Schmidt showed family photos to the jury as she tearfully relived the happy
time they all spent together.
During
closing statements, defense attorney Streett told the jury, "No one
deserves to die like officer Schmidt died. The Schmidt family is suffering
indescribable pain and their lives will never be the same. We can't bring him
back. Your job is to punish Lard. If you can do so without adding another
killing, then that is what you should do. Surely you are better than the man
you saw on that video and show mercy. Jerry was born with such promise, but he
was terrorized as a child and became a product of his life experiences. Some
people can overcome and some can't. Jerry's family is no more guilty than
Schmidt's family. Jerry is not going anywhere. There is no parole for him. If
you have any compassion for his family, I ask you to vote for life in prison
for Jerry."
"We
are not putting a six-year-old child to death. Jerry Lard is a grown man who
knew what he was doing," Dale said. "The only regret that Jerry has
expressed was that he didn't kill the other officer (Overstreet). The seed of
hatred has been planted in him. I have dealt with it during this trial, and you
have dealt with it. Now it is time to see that justice is done."
"Don't
let someone transfer the guilt onto you," Ellington added in speaking to
the jurors. "Lard brought this onto himself. He had other choices he could
have made. It is all about him. This is all his doing."
Fulkerson
also addressed the jury, saying, "Lard's final words to Schmidt before he
fired that final shot were 'Show me what the f*** you got now b****. Now it is
your time to show Jerry Lard what you got."
Following
the sentencing hearing Saturday, Ellington, who serves as Second Judicial
District prosecuting attorney, issued this statement:
"When
the spouse of a law enforcement officer sends him or her off to begin their
shift, they never know if they will see each other alive again. The most
important job of a law enforcement officer is to return home safely to his or
her family at the end of his or her shift.
"I
have attended three funerals for fallen officers since I was elected in 2010. I
hope and pray that I never have to attend another. The citizens of the Second
Judicial District can trust that if another law enforcement officer is killed
in the line of duty while I am your prosecuting attorney, my office will pursue
the death penalty against the responsible person or persons. My administration
has and will continue to have an absolute zero tolerance policy for the
unspeakable crime of murdering a police officer in the line of duty.
"My
decision to seek the death penalty in this case is one that did not come
without a great amount of prayer and guidance. Capital punishment and the use
of such is not something that I take lightly. In this particular case, I saw no
other option. Not only did the defendant kill Trumann police officer Jonathan
Schmidt, he came within inches of killing Sgt. Corey Overstreet in the same
episode.
"In
my 20 years as a trial attorney, I have never heard a jury speak any louder or
clearer than this Greene County jury did today. This jury spoke volumes with
the punishment that they delivered today -- a sentence of death. The jury
echoed the commitment of the community to protect those who protect us. I am
very proud of their courage and fortitude. I know it wasn't an easy decision,
but it is one that had to be made. They jury is the conscience of the
community, and I appreciate their sacrifice in serving in this two-week trial
and for what I know had to be a difficult decision. We knew it would take all
12 jurors to impose the death sentence and they have done just that.
"The
State of Arkansas -- and I speak for the state as the elected prosecutor for
the Second Judicial District -- believes officer Jonathan Schmidt and his
family now have justice for his murder and are a step closer to closure. They
have experienced a tremendous amount of pain and suffering. That pain and void
that they have felt will never fully go away, but I pray that with the jury's
decision they will find peace. The family of officer Schmidt are some of the
finest and strongest people that I have ever had the privilege of meeting, and
they will continue to be in my prayers.
"I
want to thank my team, Greene County Deputy Prosecutors Kimberly Dale and Dr.
Andy Fulkerson; Poinsett County Deputy Prosecutors Jimmy Gazaway and David
Boling, and our support staff, Zach Morrison, Liz Wagner, Robin Norman and
investigator Allan Hicks. All have given 110 percent, and I could not be
prouder of my deputy prosecutors and staff for their tireless work and effort
in helping me achieve justice for officer Schmidt and his family.
"I
also want to thank Poinsett County Judge Charles Nix, Poinsett County Sheriff
Larry Mills, Craighead County Sheriff Jack McCann, Greene County Sheriff Dan
Langston and all of their departments for the assistance they have provided
throughout this long ordeal.
"Poinsett
County has gone above and beyond the call of duty in helping to bring this
murderer to trial and hold him responsible for his actions.
"The
Arkansas State Police and their expertise were so valuable in taking this case,
investigating it, and pulling it together for the prosecution team. They turned
over every rock and followed every possible lead to ensure that justice would
be done for officer Schmidt. Lead investigator, Special Agent Mike Grimes, Sgt.
John Carter, Special Agents Ramey Lovan, Allen Earnhart and Tony Roe gave their
all and I appreciate their service.
"Most
importantly, let us not forget about the true heroes in this, officer Jonathan
Schmidt and Sgt. Corey Overstreet, who put their lives on the line every day to
serve and protect the people of Trumann.
"Officer
Jonathan Schmidt made the ultimate sacrifice doing what he loved most,
protecting and serving his community. His legacy and life that he gave
unselfishly will never be forgotten.
"In
remembering Officer Schmidt and the sacrifice that he made, my mind was drawn
to John 15:13: 'Greater love hath no man than this, that a man lay down his
life for his friends.'
"Officer
Jonathan Schmidt, fallen but not forgotten. Thank you."
©
Copyright 2012, Poinsett County Democrat Tribune
Story URL: http://www.democrattribune.com/story/1878169.html
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