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The verdicts are in.
Guilty only of lesser included offenses.
Quote:
CLARKSVILLE, TENN — . The courtroom was silent and the tension thick Thursday afternoon as the foreman stood and read the verdict in the jury trial of Benjamin Kyle Schweitzer.
Schweitzer, 28, was charged with second-degree murder and two counts of attempted first-degree murder in the March 15, 2012, killing of Sgt. 1st Class Frederic “Nic“ Moses, who was shot five times inside 3388 Quicksilver Court and ran to a neighbor’s home, where he died on the porch.
Moses’ blood trail led police to the home. When they attempted to clear the home, they found a locked bedroom where Schweitzer had barricaded himself.
When Officer James Eure and Officer Shawn Brown kicked the door open, they were met with gunfire. Eure was shot in the left arm. Schweitzer was charged with attempted murder of both officers.
The jury found Schweitzer not guilty of second-degree murder but guilty of the lesser included charge of reckless homicide.
They also found him not guilty of two counts of attempted first-degree murder, but convicted him of the lesser included misdemeanor charge of two counts of reckless endangerment.
Schweitzer sat still and silent and hung his head as the verdict was read.
Judge John H. Gasaway sentenced Schweitzer to time served for the two reckless endangerment charges since he had jail credit of more than 520 days. The misdemeanor charge carries a maximum of 11 months and 29 days in jail. Schweitzer had served that time.
Moses’ family wept and tried to hold back emotions as the verdict was read. At the conclusion of the trial, emotions boiled over.
After the jury left the courtroom and Schweitzer was being led out, Moses’ father and his good friend yelled at Schweitzer.
Family members sobbed in the court complex hallways before deputies escorted them safely from the court complex.
Schweitzer will be sentenced on Oct. 29 for the reckless homicide conviction. Reckless homicide is a Class D felony, punishable by 2-4 years in prison or on probation.
Following the verdict, Scjweitzer’s attorney, Chase Smith, commented, “The jurors had an extremely tough decision today. We are thankful for their attention and their decision. Certainly, they had a tough job. That is the case with charges of this magnitude. In the end, we feel they made the correct decision. Mr. Schweitzer deeply regrets his actions that day and will certainly live with those consequences for the rest of his life.”
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