Aaron Dean’s defense team requests murder trial to be moved out of Tarrant County

Aaron Dean’s defense team filed a change of venue request in Tarrant County court Tuesday, asking the judge to allow the former Fort Worth police officer’s trial to be moved out of the county where he fatally shot Atatiana Jefferson in October 2019.

The change of venue motion says Dean will not be able to receive a fair trial in Tarrant County due to the “extensive print and broadcast media coverage” and “considerable prejudicial discussion” surrounding Jefferson’s death.

Jury selection for the murder case against Dean is scheduled to begin on Jan. 4. The trial is set to begin on Jan. 10 in Tarrant County’s 297th District Court.

“The amount of publicity generated as a result of the instant case has been so great that it has produced so much prejudice in the community that the likelihood of Mr. Dean receiving a fair and impartial trial is doubtful,” the motion says. “The publicity has been pervasive, prejudicial and inflammatory.”

As an example, the motion mentions news reports that referred to Dean being dispatched to Jefferson’s home on a welfare or wellness check. “This information is incorrect and greatly affects the dynamics of the call and therefore the case,” the motion reads.

The call was dispatched as an open structure, according to police records. The neighbor who called police has said he wanted officers to make a wellness check.

At a hearing on Nov. 15, Judge David Hagerman indicated he expected a change of venue motion to be filed. The motion, along with 11 others motions filed by Dean’s defense team on Tuesday, will be heard the week of Dec. 13, according to a scheduling order.

Former Fort Worth police officer Aaron Dean waits by the elevators after a hearing in his case on Tuesday, Nov. 16, 2021. He is charged with murder in the October 2019 shooting of Atatiana Jefferson.
Former Fort Worth police officer Aaron Dean waits by the elevators after a hearing in his case on Tuesday, Nov. 16, 2021. He is charged with murder in the October 2019 shooting of Atatiana Jefferson.

Dean was indicted on a murder charge after fatally shooting Atatiana Jefferson, a 28-year-old Black woman, through a window while responding to a call about doors being open at her home in October 2019.

Jefferson was playing video games with her 8-year-old nephew when she thought she heard someone in the back yard. She grabbed a handgun from her purse and went to investigate, Jefferson’s nephew told a forensic interviewer, according to an arrest warrant affidavit supporting Dean’s arrest. Dean, who is white, did not identify himself as a police officer and shot Jefferson through the window within seconds, according to body-camera video.

Pressure has been mounting in the community for a trial date to be set more than two years after Jefferson’s death.

Atatiana Jefferson was shot and killed on Oct. 12, 2019, by a Fort Worth police officer.
Atatiana Jefferson was shot and killed on Oct. 12, 2019, by a Fort Worth police officer.

The 11 other motions Dean’s defense team filed on Tuesday were:

  • Request for the state to disclose documents it is in possession of that are signed or made by Dean.

  • Request for defense to conduct voir dire examination — or official questioning — of experts testifying against Dean out of hearing of the jury before each witness testifies.

  • Request that the prosecuting attorneys provide written copies to Dean and his defense team of any oral statements allegedly made by Dean that could be brought up at trial.

  • Request for prosecuting attorneys to reveal any agreements that have been made with witnesses, including plea bargain agreements, fee agreements and agreement to reduce charges in exchange for testimony.

  • Request for access to all physical evidence that the state plans to use at trial.

  • Request that the jury shall not be allowed to separate while they are deliberating.

  • Request for the names of all witnesses who testified during the grand jury proceedings that led to Dean being indicted.

  • Request for all information about the grand jury that indicted him in 2019. This motion says that Dean “would show that good cause exists for the disclosure of said information” but will not reveal what that information is in public documents.

  • Request for a court reporter to make a complete report that includes voir dire examination, testimony at pre-trial hearings, opening statements, bench conference discussions and other proceedings.

  • Motion to allow additional pretrial motions to be filed.

  • Request for the defense to be able to question expert witnesses before they testify to prove the testimony and evidence is admissible during trial.