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As the officers sought to corner Smith, he drove away.
Stockley's defense attorney, Neil Bruntrager, said the officers were nearly run over.
Louis suburb of Ferguson in 2014, which prompted protests and riots Wilson also didn't put much weight on the dash cam video in which Stockley vowed to kill Smith.
'People say all kinds of things in the heat of the moment or while in stressful situations, and whether Stockley's statement that 'we're killing this motherf*****,' which can be ambiguous depending on the context, constituted a real threat of action or was a means of releasing tension has to be judged by his subsequent conduct.
As Smith's car slowed, Stockley told his partner to slam the police SUV into it, and his partner did so.
Stockley then got out of the SUV and fired five shots into Smith's car, killing him.
In his decision on Friday, Judge Timothy Wilson said he didn't buy the prosecution's story that Stockley had planted the gun.
Wilson wrote that in his thirty years on the bench, 'an urban heroin dealer not in possession of a firearm would be anomaly'.
Stockley had been warned by [his partner] Bianchi that Smith had a gun, Stockley approached the driver's side, appeared to attempt to open the door and, as testified to by the State's own witnesses, ordered Smith to open the door and to show his hands.'Stockley also warned another officer to "watch his hands".
One protester wore a t-shirt reading 'murder the government' and a face mask of Guy Fawkes.
Fawkes was a part of the Gunpowder Plot to blow up the British Houses of Parliament in 1605 and has become a symbol of anarchy Stockley says he saw Smith holding a gun before the chase began, and that he felt he was in imminent danger when he opened fire.
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