When Aurora police officer Paul Jerothe goes before a grand jury for the fatal shooting of an unarmed man, there’s a better chance than not that the officer will be indicted, observers say.
That’s because the burden of proof for grand juries is less than that of a normal jury trial, points out local attorney Dan Recht, who has dealt with numerous grand juries but is not a party to this case.
“It’s very easy to get an indictment against the accused in a grand jury setting because of the one-sided nature of a grand jury,” Recht said. “A decent prosecutor could indict a ham sandwich.”
The grand jury recently has taken up the case, Jefferson County District Attorney’s Office spokeswoman Pam Russell said Monday.
Jefferson County DA Peter Weir announced last month that the March 6 shooting case against Jerothe, hailed as a hero for his response to the Aurora theater shooting, .
Jerothe shot and killed Naeschylus Carter Vinzant, a 37-year-old parole absconder with a lengthy rap sheet. Vinzant, who was black, when he was killed.
Arapahoe County District Attorney George Brauchler, who is prosecuting the theater shooting trial, asked the Jeffco DA to assess whether charges should be filed against Jerothe. On Friday, a judge signed a motion to officially appoint Weir’s office as a special prosecutor in the case.
Investigators have released little information on the case and have not said what happened when Jerothe encountered Vinzant. It was almost a week before Jerothe was interviewed by investigators.
Mark Hurlbert, assistant district attorney in Arapahoe County, said the process in grand juries is different than regular jury trials. For one thing, prosecutors get to ask witnesses questions as do grand jury members, but defense attorneys are not allowed during proceedings.
Also, the burden of proof is lower. In normal trials, that standard is beyond a reasonable doubt. In grand juries, it’s merely probable cause seen in the light most favorable to the prosecution. “That’s a low standard,” Hurlbert said.
Another difference is that in jury trials, a unanimous verdict is needed from the 12-member jury. In grand juries, only nine or more are needed for an indictment on criminal charges, he said.
If Jerothe is indicted, he would stand trial on the charges.
Jerothe is currently on desk duty pending the outcome of the criminal proceedings. His attorney, Marc Colin, could not be reached for comment.
Carlos Illescas: 303-954-1175, cillescas@denverpost.com or twitter.com/cillescasdp
