Covering Louisiana

Dec 5, 2013 6:44 PM by AP

Prosecution rests case in Katrina shooting retrial

NEW ORLEANS (AP) - Federal prosecutors have called their last witness in the retrial of a former New Orleans police officer who shot and killed a man four days after Hurricane Katrina.

Defense testimony for David Warren will begin Friday, the New Orleans Advocate reported.

Warren is charged with violating 31-year-old Henry Glover's civil rights and with using a weapon in a violent crime. Warren contends he was justified in shooting Glover from the second-floor area outside a police substation he and now-retired Officer Linda Howard were guarding on Sept. 2, 2005 in a strip mall on New Orleans' west bank.

Warren was convicted of manslaughter in 2010, but a federal appeals court overturned the conviction, finding that he should have been tried separately from officers charged in a cover-up. U.S. District Judge Lance Africk has said that this jury contains nobody who knew that Glover's body was burned in a car, that there was a cover-up of the shooting and burning, or even that this is Warren's second trial.

Glover's sister, Patrice, mentioned the alleged beating on Wednesday and Bell mentioned the first trial in her testimony Thursday.

Thursday's witnesses included Officer Keyalah Bell, one of two officers who came to investigate the shooting after Howard called to report it.

Bell said that when she arrived, Howard - though usually calm - was "very hysterical," waving her off to talk to Warren.

Warren told her he had shot at someone. Asked who he shot at, Bell recounted, Warren answered only, "They were looting."

Warren was calm and nonchalant, she said.

A juror was removed Thursday and replaced with one of four alternates, The Times-Picayune (http://bit.ly/1hAPae7 ) reported.

Two of the officials at the department's training academy in 2004, when Warren attended, testified earlier Thursday.

Its former commander, Robert Williams, said Warren scored perfectly on his shooting test with the police-issued .40-caliber handgun and made near-perfect marks with other weapons.

Officer Charles Badon testified that officers are trained to shoot at people only as a last resort.

"The officer must believe he is in imminent danger at that precise moment and there's no other way to defend himself except the use of deadly force," Badon told the jury.

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