A Manhattan jury this afternoon acquitted a 24-year-old Harlem gunslinger of attempting to murder a police officer during a foot chase last year at 144th Street and Eighth Avenue.
The jury cleared Franklin Nunez in the alleged March, 2012 shootout after sidewalk surveillance video and witness testimony suggested that his gun — a Colt loaded with .45-cal hollow point bullets — may have fired accidentally, as Nunez was shot twice by Officer Devon Davis and his body was flung backward over a parked car.
Davis and other witnesses had agreed that during the foot chase, Nunez did trip in the middle of Eighth Avenue and then turned and leveled his gun at the cop before being blown backwards by the cop’s bullets — but even Davis himself could not testify to when, exactly, Nunez’s gun went off.
Nunez was convicted of criminal possession of a weapon, and, due to his criminal record, faces anywhere from five to 15 years prison when he is sentenced by Manhattan Supreme Court Justice Laura Ward next month on that charge. Jurors deliberated over the course of three days before reaching their verdict.
“Run, man, run,” a crowd of young men had shouted at Nunez during the foot chase, witnesses had testified when the trial began two weeks ago.
“Drop the f—ing gun!” Davis had shouted as Nunez tripped, turned, and then leveled the gun in Davis’s direction, according to testimony.
Both guns had fired twice in quick succession, witnesses said.