HOUSTON (KTRK) -- A jury Wednesday returned a not guilty verdict for Andrew Blomberg, the former Houston police officer accused in the beating of a teenage burglary suspect. It's a verdict that has some in the community screaming racism.
It didn't take the six jurors long to return the not guilty verdict. The jury began deliberating the case at about noon Tuesday, and returned to their deliberation at 9:30am Wednesday. They returned thier verdict about an hour and a half later.
Many people don't agree with the verdict, including the police chief and the mayor, and there's no shortage of anger many are feeling over the acquittal.
Blomberg, 29, was emotional Wednesday and we watched as he gave a head nod and whispered thank you to the jury for that not guilty verdict.
"The verdict is, we the jury find the defendant A. Blomberg, not guilty," said Judge Ruben Guerrero.
And with that message, Blomberg appeared teary eyed in the tense courtroom. He's now off the hook for his alleged actions in the videotaped beating of Chad Holley, who was 15 at the time.
"It's hard. It's hard having your life is in the jury's hands," Blomberg said afterwards.
It took the jury a total of about seven hours to find Blomberg not guilty of official oppression. We watched as he gave his wife an emotional hug after the jury's verdict.
"They worked hard. They looked at all of the evidence, and this is the right thing," said defense attorney Dick DeGuerin.
Blomberg continued embracing his parents who've sat behind him through the nine days of his trial. The jury had to determine whether Blomberg intentionally mistreated Holley during a burglary arrest back in March 2010. Prosecutors, who didn't want to go on camera today, tried convincing the jury that Blomberg unlawfully stomped on the teen's upper body two times. They also shook Blomberg's hand after the verdict.
"I just want to thank everybody that's supported me throughout this. It's been a long ordeal. This is the only thing I've ever wanted to do in my entire life, and I'm just glad that this part is finally over," Blomberg said.
"This was a just verdict," said KTRK legal analyst Joel Androphy. "Police officers have different boundaries than the rest of us. This officer was acquitted because police officers get extra benefit of the doubt."
Community activist Quanell X called the verdict not simply a miscarriage of justice, but an "abortion."
"They just said to black people that the police can do whatever they want to do and get away with it. They just sent a message to all of us that our lives don't mean a (darn) thing in Harris County," Quanell X said.
Later in the day, the NAACP held a press conference, at which we were told Holley would speak. He wasn't there, but according to Quannel X, he didn't believe the verdict when he first heard it.
"I have spoken with Chad's mother. I have spoken with Chad," said Quannel X. "In fact, at first, Chad thought it was a joke. He didn't really think it was really a not guilty verdict. He was shocked. He was hurt and he absolutely lost faith in the system."
Blomberg is the first of four indicted HPD officers to stand trial in the Chad Holley beating case. He was facing up to a year in jail or a $4,000 fine. When Blomberg was asked if he had any regrets over what happened, he replied, "No, I don't."
Outside the building, Blomberg told reporters, "I'm glad it's over and I'm going home... just going to take a deep breath and reassess after this, see what I want to do."
Blomberg said that he would not seek to get his HPD officer job back.
Holley was eventually convicted of burglary and recently completed his probation for that conviction.
His attorney released a statement which read in part:
"Today's 'not guilty' vedict in the Chad Holley case does not rectify a wrong that this entire city has witnessed over the last two years. The verdict exposes a shortcoming in our judicial system when an out-of-control police officer is permitted to escape criminal consequences for his actions. Justice is clearly not blind in Houston, Texas. She appears to wear a badge and blue uniform while peeping behind her blindfold.
"The jury verdict rendered in the first of several of the Holley beating cases is not a promising beginning. The Holley family is asking the United States Justice Department to take over the criminal prosecution of these police officers. If justice cannot be obtained in the state court system, then the federal justice department must intervene.
"The jury's verdict is not the last word on Blomberg's conduct toward Chad Holley! Holley has filed a federal civil rights suit against Blomberg and three other officers."
For safety reasons, both Blomberg and the jury had to have police escorts out of the courthouse. The jury also asked the judge to protect their identity by sealing the list of their names.
Some in community upset with verdict
Shocked and outraged. That's how many people in the community say they feel about today's verdict.
Activists said if the tables were turned, the outcome would have been different.
It came down to two words that ignited a crowd outside court.
"Not guilty, not guilty. Not one black person on the jury," said one upset person.
For days the tension has been building. It showed, even on a minister.
"It is the greatest miscarriage of justice we've ever seen and I'm saying today, what this says to every child in this city is your life isn't worth manure," said Rev. James Dixon with the Community of Faith Church.
The video that the court and the city wanted to keep out of the public view was released by Quanell X.
"What more can we do? We gave you a video, you saw it on video. What more can we do to get justice in Houston?" Quanell X said after the verdict.
It is understandable that tensions would be high at the courthouse. But we went outside of downtown to a cafeteria in Third Ward, where we found and we heard the same criticism of the verdict.
"How they can watch those videos and call this a heroic act? I can't say what I'd like to say," said Third Ward resident, Ralph Brown.
Quanell X is reportedly calling for a protest on Thursday, and suggests that 'if people are going to be violent, then they're going to be violent.'
Those speaking for the Black United Front reportedly said to "let justice reign in the streets."
The Reverend Robert Jefferson with the Cullen Missionary Baptist Church told Eyewitness News, "Yes, I do feel they whooped that boy unmercifully, and somebody should be punished, yes I do."
After the verdict was released, we spoke to the woman who gave the Holley beating video to police. She was surprised by the jury's decision.
"What I'm really upset about is this just sends the message to the rest of these cops that it's OK to pull a kid off to the side and to stomp and to beat him and that it's OK. This is what kind of message is being sent," said Cyndi Payton.
She says she is more angry now than when she first viewed the Holley beating video. Payton also says she is shocked that the jury could return this verdict.
City leaders disagree, but urge restraint
City leaders are weighing in on the verdict as well, and whether or not they agree with it, they do say the community should respect the jury's decision.
The mayor, the police chief and the president of the Houston Police Officers' Union are in agreement. But the buck stops there. Mayor Annise Parker has repeatedly said the officers violated Chad Holley's rights during his arrest. She says the jury's verdict doesn't change that.
Shortly after jurors vindicated former HPD officer Andrew Blomberg in the videotaped beating of teen burglar Chad Holley, Mayor Parker made this candid statement.
"I certainly don't agree with the verdict. I support the chief of police in his actions in relation to these officers. They will never again be Houston police officers whatever the verdict is in the criminal trial," Mayor Parker said.
While the mayor and police chief oppose the actions of the officers involved, in a written statement HPD Chief McClelland thanked the jury saying, "I understand that some will disagree with the verdict although no system is perfect, our system of jurisprudence provides appropriate safeguards to protect our freedoms. "
Ray Hunt, president of the HPOU, agrees.
"I think everyone should respect what the jury has done. I watched this jury listen intently the entire time this trial went on. They were very attentive the entire time," Hunt said.
His decision to publicly support Blomberg at the trial only added to the mounting tension between police and outraged community activists in the days leading up to today's verdict. Hunt is calling for calmer minds to prevail, and so is the mayor.
"We have the right in this country to protest with which we disagree, but we will do it in a civil, safe manner and I trust that Houstonians will do just that," said Mayor Parker.
Chief McClelland echoed that in his statement saying, in part:
Hunt says if for some reason if there are public protests to the verdict and they get out of control, he will ask for a change of venue for the other officers slated to go on trial.
Three other former officers await their own trials, in connection with the alleged beating. Phillip Bryan, Raad Hassan and Drew Ryser are each charged with official oppression, the same charge as Blomberg. Hassan and Bryan are also charged with violation of the civil rights of a prisoner.
All charges are misdemeanors that carry a maximum punishment of a year in jail.
Our legal analyst adds that this verdict has sent a strong message to the prosecution that it's going to be difficult to convict the three other officers charged in connection with this beating case.
Harris Co. District Attorney Pat Lykos says her office is prepared to go to trial on the remaining cases and has requested the court to set speedy trials. In a statement, she said in part, "Although, I respectfully disagree with the decision, I accept it and thank the jurors for their service. We have the best criminal justice system in the world."
Stay with Eyewitness News and abc13.com for the latest on this story.
(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.)
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