Rekia Boyd shooting was 'beyond reckless ' so cop got a pass
Dante Servin
There's  no question that Chicago police detective Dante Servin killed Rekia Boyd when he fired five shots at a group of people in a dark West Side alley .  The question  is whether  his  actions were justified because  he  had a reasonable fear that  his  life was in danger.
We'll never know the answer  because Cook County Judge Dennis Porter got stuck on a different question: Should  Servin  have been charged with a more serious crime than involuntary manslaughter?
 Servin 's trial ended Monday with a directed verdict of not guilty because Porter decided prosecutors had aimed too low.
 Servin  was off duty and in  his  personal car when  he  got in a shouting match with the group in March 2012.  His  lawyers say  he  drew  his  gun and fired when Antonio Cross pulled an object from  his  waistband and pointed it at  Servin .  Boyd  was hit in the back of the head.  She  died two days later.  She  was 22.
After three days of testimony  Porter abruptly ended  Servin 's bench trial. He said prosecutors had shown "beyond a reasonable doubt" that Servin killed  Boyd   and that the officer fired the shots knowing they were likely to cause great bodily harm or death. Those elements would add up to first-degree murder  the judge said  unless  Servin  could prove he acted in self defense. But  Servin  never had to make that case.
Another look at  the Dante Servin verdict . (WGN TV) Another look at  the Dante Servin verdict . (WGN TV) SEE MORE VIDEOS
To win a conviction on the involuntary manslaughter charge  prosecutors needed to prove that  Servin  acted recklessly — without regard for the risks.
 Servin  couldn't be convicted of first-degree murder because  he  was charged with involuntary manslaughter. And  he  couldn't be convicted of involuntary manslaughter  Porter said  because there was no evidence of reckless behavior.
The appellate courts said the evidence supported a first-degree murder conviction and the defendants weren't entitled to be tried on a less serious charge. Their convictions were upheld.  Servin 's outcome turns that on  its  head.
We asked around and found some attorneys who agreed with Porter's reasoning and some who didn't. It's not subject to appeal  because  Servin  was found not guilty. The case is over.
 Servin  did not help matters with  his  comments to reporters after the verdict.  He  repeated  his  contention that Boyd's death was an accident — let's be clear   the judge  said no such thing — and said  he  was lucky not to be "a police death statistic."
"Antonio Cross is a would-be cop killer  and that's all I have to say "  Servin  said.
 Servin  was making an off-duty burger run in  his  personal car when the confrontation occurred.  He  was not putting  his  life on the line to serve and protect.
Cross is not a would-be cop killer.  His  "weapon" turned out to be a cell phone. An aggravated assault charge against  him  was dropped in March 2013  the same day the city agreed to a $4.5 million wrongful death settlement with Boyd's relatives.
There's  no question that [TGT] killed Rekia Boyd when [TGT] fired five shots at a group of people in a dark West Side alley .  The question  is whether [TGT][TGT]  actions were justified because  [TGT]  had a reasonable fear that  [TGT]  life was in danger.
We'll never know the answer  because Cook County Judge Dennis Porter got stuck on a different question: Should  [TGT]have been charged with a more serious crime than involuntary manslaughter?
 [TGT] 's trial ended Monday with a directed verdict of not guilty because Porter decided prosecutors had aimed too low.
 [TGT]was off duty and in  [TGT]  personal car when  [TGT]  got in a shouting match with the group in March 2012.  [TGT]  lawyers say  [TGT]  drew  [TGT]  gun and fired when Antonio Cross pulled an object from  [TGT]  waistband and pointed it at [TGT] .  Boyd  was hit in the back of the head.  She  died two days later.  She  was 22.
After three days of testimony  Porter abruptly ended  Servin 's bench trial. He said prosecutors had shown "beyond a reasonable doubt" that Servin killed  Boyd   and that the officer fired the shots knowing they were likely to cause great bodily harm or death. Those elements would add up to first-degree murder  the judge said  unless  Servin  could prove he acted in self defense. But  Servin  never had to make that case.
Another look at  [TGT] . (WGN TV) Another look at  [TGT] . (WGN TV) SEE MORE VIDEOS
To win a conviction on the involuntary manslaughter charge  prosecutors needed to prove that  Servin  acted recklessly — without regard for the risks.
 Servin  couldn't be convicted of first-degree murder because  he  was charged with involuntary manslaughter. And  he  couldn't be convicted of involuntary manslaughter  Porter said  because there was no evidence of reckless behavior.
The appellate courts said the evidence supported a first-degree murder conviction and the defendants weren't entitled to be tried on a less serious charge. Their convictions were upheld.  [TGT] 's outcome turns that on  [TGT]  head.
We asked around and found some attorneys who agreed with Porter's reasoning and some who didn't. It's not subject to appeal  because  Servin  was found not guilty. The case is over.
 Servin  did not help matters with  his  comments to reporters after the verdict.  He  repeated  his  contention that Boyd's death was an accident — let's be clear   the judge  said no such thing — and said  he  was lucky not to be "a police death statistic."
"Antonio Cross is a would-be cop killer  and that's all I have to say "  Servin  said.
 Servin  was making an off-duty burger run in  his  personal car when the confrontation occurred.  He  was not putting  his  life on the line to serve and protect.
Cross is not a would-be cop killer.  His  "weapon" turned out to be a cell phone. An aggravated assault charge against  him  was dropped in March 2013  the same day the city agreed to a $4.5 million wrongful death settlement with Boyd's relatives.