Nov. 22--A former Shafter police officer faces a second trial after a jury could not reach an agreement on two of the three felony counts against him in connection with the 2009 clubbing of a man who was prone on the ground.
A jury Monday found Matthew Kirk Shelton not guilty of assault with a deadly weapon other than a gun, but hung on charges of assault by a peace officer and false report by a peace officer.
Supervising Deputy District Attorney Michael J. Yraceburn said he appreciates the jury's hard work, and noted that it's always difficult to prosecute a police officer. He said he'll retry Shelton.
"Given the nature of the crime and the need of the community to have confidence in police officers, we intend to continue with this case," Yraceburn said.
Shelton's attorney, Seth O'Dell, could not be reached for comment.
Shelton, 30 at the time, had responded to a burglary at Golden Oak Elementary School, Shafter police reported. He was carrying a Taser mounted with a camera that becomes active once you take off the safety switch.
Emmanuel Perez, then 18, came into the camera's view and Shelton is heard ordering him to the ground, police reported. Perez complied.
But as Perez lay on the ground, Shelton approached him with the Taser in his left hand and a baton in his right hand, and then struck him "multiple times" with the baton, according to police. Perez was later treated for a cut to his head and was not seriously injured. The Taser was never deployed.
Shelton wrote a report that said Perez cut his head when he had to throw him to the ground, police reported. Perez pleaded guilty to felony vandalism and was sentenced to six months in jail.
Shafter police, in a periodic review of use of force by their officers, discovered six months after the incident that the Taser video didn't match Shelton's report, police reported. Shelton was first arrested in August 2009, but the case had been delayed over issues involving expert testimony on the video, safety issues and excessive force.
A hearing is scheduled Nov. 29 to set a date for the retrial.
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