Miami Jury Convicts Cop of Misdemeanor for Shooting at Autistic Man but Acquits on Felonies

By David Ovalle, Miami Herald

A jury on Monday night convicted a North Miami police officer of a misdemeanor for firing his rifle three times at an autistic man holding a silver toy truck, but acquitted him of two more serious felony counts of attempted manslaughter.

North Miami police officer Jonathon Aledda testifies with the toy mistaken for a gun at his trial over shooting at an autistic man holding the silver toy truck. The jury convicted Aledda of a misdemeanor count of culpable negligence, but acquitted him of two more serious felony counts of attempted manslaughter on Monday night, June 17, 2019. CHARLES TRAINOR JR. CTRAINOR@MIAMIHERALD.COM

North Miami police officer Jonathon Aledda testifies with the toy mistaken for a gun at his trial over shooting at an autistic man holding the silver toy truck. The jury convicted Aledda of a misdemeanor count of culpable negligence, but acquitted him of two more serious felony counts of attempted manslaughter on Monday night, June 17, 2019. CHARLES TRAINOR JR. CTRAINOR@MIAMIHERALD.COM

Jurors deliberated more than three hours in the case of Officer Jonathon Aledda, who admitted he mistook the shiny object for a weapon in a shooting that drew national outrage amid heightened criticism of police tactics. His bullets missed the autistic man but struck the man’s therapist, who was lying on the ground with his hands in the air.

Aledda was convicted of a misdemeanor count of culpable negligence, which carries a penalty of up to one year behind bars. He’ll be sentenced in the coming weeks, but because the charge is minor, he may still be eligible to remain a police officer.

The case was being closely watched because he was the first police officer in Miami-Dade County to be charged with an on-duty shooting since 1989.

The jury’s foreperson, Stacy Sarna, said the jury had a spirited debate but concluded that under “our reading of the law” he was not guilty of the attempted manslaughter counts. However, the misdemeanor count was warranted because Aledda didn’t “take into account” the safety of the community when he fired his weapon, she said.

It was Aledda’s second trial in three months. His first trial in March was declared a mistrial after jurors deadlocked on three of four charges. He was acquitted of a fourth, a misdemeanor count of culpable negligence. Five of six jurors in the first trial wanted to acquit Aledda.

Monday’s verdict was handed down hours after Aledda took the witness stand to say he believed that Arnaldo Rios Soto, sitting in the middle of a North Miami intersection, was wielding a pistol and was on the verge of shooting the therapist, Charles Kinsey, on a sweltering July day in 2016.

“I believed it was a hostage situation,” Aledda testified. “It appeared he was screaming for mercy or for help or something. In my mind, the white male had a gun.”

Taking cover behind a car about 50 yards away, Aledda fired three shots, missing Soto but hitting Kinsey in the thigh.

He has long insisted that he was acting in defense of Kinsey and other officers on the scene.

Still, the shooting of an unarmed black man with his hands in the air sparked disbelief because part of the dramatic confrontation was captured on video that went viral. The Miami-Dade State Attorney’s Office charged Aledda nearly nine months later.

Sarna, the jury foreperson, said jurors didn’t necessarily believe everything Aledda said.

“What he was saying was very carefully considered. He was very calculated and practiced,” she said.

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Olivia McDowellComment