Jury hangs on felony threats charge filed in Bakersfield WinCo incident
BAKERSFIELD, Calif. (KGET) — A Kern County jury deadlocked Wednesday on a felony charge filed in the case of a man who authorities say threatened to shoot a loss prevention officer at the WinCo Foods on Panama Lane.
The jury hung 7 to 5 for not guilty on a criminal threats count brought against Gary Cooper, according to a release from the Kern County Public Defender’s Office. He was convicted of misdemeanor petty theft and sentenced to time served.
A hearing is scheduled March 25, to see if the threats charged will be retried.
On Sept. 27, Cooper was accused of stealing two bottles of liquor and a water bottle from the WinCo, according to the release. He returned the stolen items after the loss prevention officer confronted him, but allegedly threatened to shoot the officer if he touched him.
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Deputy Public Defenders Nick Roth and Samantha Sark argued at trial that Cooper and the officer engaged in “smack talk,” and the threats weren’t taken seriously. They also pointed out inconsistencies between the officer’s earlier statements and his testimony in court, the release said.
“The jury thoroughly and diligently considered all the evidence which involved distinguishing between real threats and mere words exchanged in the heat of the moment,” Roth said in the release. “There are nuances in human interactions and our justice system.”
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