By The Associated Press
PITTSBURGH, Pa. — A man was convicted Wednesday of fatally shooting a state trooper with the officer’s gun as the two fought during a traffic stop.
The jury convicted Leslie Mollett, 32, of first-degree murder in the December 2005 death of Cpl. Joseph Pokorny. They must now determine whether to sentence him to death.
Defense attorney John Elash acknowledged that Mollett fought with the trooper, but argued that prosecutors did not prove the defendant had shot Pokorny. Others were in the car with Mollett but ran away before the shooting and did not see it.
A former chief medical examiner testified for the prosecution that Mollett fired the first shot while Pokorny was standing. The bullet missed Pokorny’s bulletproof vest, went through his shoulder and then hit his carotid artery, windpipe and lungs.
The second shot, the former medical examiner said, was fired while Pokorny was on his knees with his hands up -- as if he were surrendering to Mollett.
Prosecutor Mark Tranquilli said scientists found blood matching Pokorny’s DNA in a car Mollett was driving and on a cell phone found later at Mollett’s home.
The only defense witness was a forensic expert who said the first shot would have prevented Pokorny from raising his hands and that the evidence did not prove the shooting happened the way prosecutors claimed.
If the jury does not unanimously vote for the death penalty, Mollett will automatically be sentenced to life in prison without parole.