Hung jury in deputy's Asheville assault trial; unclear if new trial will happen

ASHEVILLE - The trial of a deputy accused of assaulting a man during a Tunnel Road traffic stop has ended with a hung jury.

Judge Robert Ervin declared a mistrial after two-and-a-half hours of jury deliberations May 12 as to whether ex-Buncombe County sheriff's Deputy Tyler McDonald was guilty of misdemeanor assault in an Oct. 5, 2020 traffic stop.

The jury was split 6-6. When polled by Ervin, the members — eight women and four men — said they did not believe they could come to a unanimous decision.

District Attorney Todd Williams said he would have to consult with the man McDonald kneed in the side, Jamie Burleson, 47, of East Asheville, to determine whether the case could be brought back before another jury.

In closing arguments the defense said that McDonald, now 28, was presented with an incredibly difficult situation in dealing with Burleson and that prosecutors had failed to show beyond a reasonable doubt that what he did amounted to a crime. Defense attorney Doug Pearson attempted to cast doubt on whether McDonald's knee strike truly came after the danger had passed and whether McDonald was even aware he did it.

"This officer made a decision that night — he had to make a split-second decision. He acted," he said.

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Pearson also questioned Burleson's testimony, pointing to his erratic behavior on the stand, in which he rocked back and forth and answered most of Pearson's questions by saying "I don't know" or "I can't remember."

Pearson did not play body camera footage in his final statement, saying it presents only a single view of events and "makes it harder sometimes" to understand what happened.

Assistant District Attorney Jorge Redmond said Burleson's courtroom behavior was that of a traumatized individual. Had McDonald listened to Burleson at the beginning of the stop — as another officer had during a prior stop — McDonald might have realized the stolen motor vehicle alert was false, he said.

Redmond played video of the event, saying "we are thankful for technology" such as bodycams and that the footage itself was enough to convict McDonald. It showed Burleson did not strike, kick, curse or spit at deputies, he said. It did show once handcuffed facedown on the concrete, McDonald decided "to deliver a cheap shot to the rib."

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He said it was the jury's job to draw a line between legal and illegal officer behavior and drew an analogy to the infamous murder of George Floyd by Minneapolis police.

"If you don't draw this line, what's to say another knee doesn't come in, or a third? What's to say someone doesn't stand on an individual or put their knee on the back for 9 minutes?"

Judge: Buncombe deputy McDonald guilty of assault; kneed man lying handcuffed facedown

The three-day trial started May 10 with the viewing of bodycam footage taken from McDonald and partner Deputy Andrew Taylor. It has also featured highly emotional testimony: alleged victim Jamie Burleson who rocked on the stand and begged not to watch the video again and McDonald, who wept over the loss of the job he said he wanted all his life. The defense brought two expert witnesses, a forensic psychologist and a use-of-force specialist.

On the trial's last day McDonald finished his testimony, talking about filing a report on the incident that detailed blows he struck against Burleson that he said were necessary to gain compliance.

But he excluded from the report a final knee strike he gave Burleson after he was lying facedown in handcuffs. McDonald said did not realize he had delivered that blow until being shown Taylor's bodycam video by State Bureau of Investigation agents.

"I dropped my head and started bawling," McDonald said in answer to questions from Pearson. "Because I knew where this was going."

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In cross-examination by Redmond questioning how he did not remember the strike, McDonald said if he had he "would have put that in my report because I'm not a liar."

In her testimony for the defense, forensic psychiatrist Dr. Moira Artigues said the tiring 2-plus-minute physical encounter and release of stress hormones made McDonald "to not be able to remember what he had done, to not be able to manage his behavior and to not be able to manage the situation as well as he could."

Artigues referenced earlier testimony by the defense's use-of-force expert John Combs, who said the effects of such encounters are similar to mixed martial arts fighters who continue fighting after the bell. In cross-examination Redmond noted that "not all fighters continue to swing after the bell."

McDonald has already been tried once on the assault charge and found guilty Feb. 11 by Buncombe County District Court Judge Patricia Young. But he invoked his constitutional right to a jury trial and appealed to Superior Court.

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The ex-deputy's clean record guarantees he would serve no jail time. But a conviction could end his career. Sheriff Quentin Miller fired him shortly after viewing video of the stop, saying, "No additional internal review was necessary." Miller contacted the SBI, whose investigation Williams received before deciding to prosecute.

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McDonald was picked for deputy of the year in 2018. But he was suspended for two days without pay after a family said they were assaulted in 2017 by him and other deputies when they asked for help. The county reached a $167,500 settlement with the family in 2020.

Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: Hung jury in deputy's Asheville assault trial; unclear on new trial