Man who shot Pocatello police officers found guilty on multiple counts of aggravated battery and assault
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POCATELLO – The jury trial of a man who exchanged fire with police officers has concluded.
After nearly nine hours of jury deliberation, Todd Vernon Brewer, 48, who faced two counts of aggravated battery on certain personnel and two counts of aggravated assault, was found guilty on all charges. The trial started on Monday and continued until Friday.
Brewer and Pocatello Police officers Demetrius Amos and Mackenzie Handel testified during the trial.
Background
Brewer was on trial for the events that took place in the early morning hours of May 5, 2022, when he, Amos and Handel exchanged gunfire. All three of them received gunshot wounds in the confrontation.
The officers responded to Brewer’s residence due to an emergency call made by one of two victims at the house. The victim who made the emergency call felt threatened by Brewer when he displayed a handgun and then an AR-15 rifle.
When officers arrived, they gave Brewer commands to put his rifle down. The three men then exchanged fire.
Brewer, Amos and Handel were all medically transported to Portneuf Medical Center and later recovered. Read more about the incident here.
What did the prosecution say?
The prosecution argued Brewer put himself in a situation where he wasn’t making rational decisions when he began to drink alcohol after taking medication used to treat his mental illness.
“This removes him from a reasonable person situation where he can behave in a reasonable manner. He’s losing touch with reality by his own decisions,” Bannock County Prosecutor Ian Johnson said.
After the victim who did not place the emergency call got the handgun away from Brewer and hid it, Brewer retrieved an AR-15 from under his bed. Johnson emphasized the fear that this victim felt for themselves and the other victim.
The prosecution also argued Brewer exited his home with an intent to attack what he believed were “gangstalkers,” also arguing that the officers returned fire.
“He made sure that he found gangstalkers. His intent was to attack them, not to defend himself from them,” Johnson said.
What did the defense say?
The defense argued that Brewer couldn’t have known that Amos and Handel were police officers because he believed that gangstalkers were coming for him, and he was focused on that rather than the emergency call the victim made.
“You’re going to have to make a decision about whether or not Todd heard or saw that phone call being made,” Andrew told the jurors.
“Todd didn’t hear this call. He didn’t hear the phone. He’s not focused on that at all. He’s focused on what’s out that door,” Andrew later continued.
Andrew also contended that Brewer didn’t fire at the officers first, and only returned fire, believing they were gangstalkers.
“You’re not in a good state of mind, and somebody shoots. If you had a gun, would you defend yourself if you didn’t know who it was?” he said.
What comes next?
After hearing the jury’s verdict, District Judge Javier Gabiola set Brewer’s sentencing hearing for June 12. Andrew requested there be a psychological evaluation done on Brewer before his sentencing, which the judge affirmed.
Brewer could face up to 90 years in prison now that he’s been found guilty on all counts.
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