A former Michigan state trooper is facing a prison sentence for involuntary manslaughter for firing a Taser at a Detroit teenager who crashed an all-terrain vehicle and died. Update: 12:38 p.m. Mark Bessner has been sentenced to at least five years in prison. He told a judge Monday that he understands the anger of Damon Grimes' family. He says he wishes he could enter a "time machine" and change the events of August 2017. Bessner faces up to 15 years but is eligible for parole after five. Judge Margaret Van Houten says cases like the teen's death cause the public to distrust police officers. Original post: 7:23 a.m. Bessner quit the state police after the 2017 incident. He's returning to court Monday for his sentence, about a month after his conviction. Prosecutors say Bessner "committed an unspeakable act" when he fired his Taser from a moving patrol car and struck Damon Grimes. Bessner's lawyer said the officer believed Grimes had a gun in his waistband, but the 15-year-old didn't have a weapon. Bessner didn't testify at the second trial. During his first trial, which ended without a verdict, he said he was "shocked" to learn that the teen didn't have a gun.<doc-sep>After three days of deliberations, a judge has declared a mistrial in the case of former MSP Trooper Mark Bessner charged in the death of 15-year-old Damon Grimes. Wednesday afternoon, jurors told Judge Margaret Van Houten that they were unable to reach a unanimous decision and they were hopelessly deadlocked. A date for a re-trial in the case is expected to be set next week at a pre-trial conference. Bessner's defense attorney, Richard Convertino, said his client is "temporarily relieved." The family of Damon Grimes is upset, said family friend Oliver Gantt. Bessner was on trial for the death of Damon Grimes, who was riding his ATV in his neighborhood on Detroit's east side in August 2017. He's charged with second-degree murder and two counts of involuntary manslaughter. Closing arguments wrapped up Monday morning. Bessner was the passenger in an MSP patrol car when he and his partner observed a four-wheel ATV being driven by Grimes down Reno and Fairmont Streets in Detroit. When the troopers attempted to stop Grimes for a traffic violation, a pursuit ensued. Last week, Bessner took the stand in his own defense. Bessner claims the teen reached for his waistband two times, leading him to think Grimes was reaching for a gun. The former trooper said he believes he was justified in deploying his taser at Grimes, who then crashed into a parked pickup truck and died from blunt force trauma to his head. "I thought it was at the time," Bessner testified. "I know now, it was a terrible decision." It's illegal to ride an ATV on residential streets in Detroit. Bessner told jurors all they have to do is go to Youtube to see ATV riders in the city are a "huge problem" as they ride 50 to 100 at a time "terrorizing neighborhoods." That testimony contradicts a Detroit Police officer, assigned to the 9th Precinct, who testified for the prosecution that there are no gangs of ATV riders wreaking havoc in the area. Grimes was alone on his ATV. Bessner told jurors that the chase, which only lasted about 45 seconds, began when Grimes came at their patrol car at a high rate of speed. Bessner said he was in the passenger seat and his partner, Ethan Berger, was driving when they began to pursue the ATV whose rider then slowed down. During his testimony, Bessner said that he didn't know if the person on the ATV was "taunting" them or trying to "lure" them into a trap. "I didn't know what to think," said Bessner while also testifying that much of what followed the crash was a blur. Bessner said he doesn't recall whether he first tried to render aid or check Grimes for a weapon. He testified that he was shocked when he didn't find a gun, and also stunned when he learned the person he tased was just 15 years old. Then the 44-year-old began to sob on the stand. "All I could think of was this family lost their son," Bessner said. "And all I could think of was my daughter and what they must be going through. I can't bring Mr. Grimes back and I can't fix my family."<doc-sep>A jury of six women and six men from across Wayne County is deliberating the case against former Michigan State Police Trooper Mark Bessner. The options are Second Degree Murder, Involuntary Manslaughter or not guilty. Dash can video shows some of what happened in August of last year. Fifteen-year-old Damon Grimes was riding an ATV - first at state police, then running away from them. Bessner, riding in the passenger seat, deployed his Taser. Grimes crashed and later died. Both sides argued to the jury: use your common sense. Assistant Prosecutor Matthew Penney said, “No one on God’s green earth thinks it’s a good idea to shoot a Taser at somebody when they’re not wearing a helmet when they’re going that fast.” Defense Attorney Richard Convertino said, “Your focal point should be strictly and solely on whether Mark Bessner was justified in discharging at that point his weapon of last resort.” Convertino added, “If you find the defendant Bessner did use reasonable force, that his actions were justified. He is not guilty.” A tearful Bessner testified in his own defense last week that he saw Grimes reach for his waistband with his left hand as if reaching for a gun. But Grimes goes out of frame in the video and, within a second, is Tasered and crashed. Assistant Prosecutor Penney questioned if this was turned into a self-defense case for Bessner saying, “That unseen grab with the left hand in that split second and none of this would have happened.” Penny also said Bessner said nothing about a possible gun on the police radio, to his partner or to other first responders immediately on the scene. There was no gun. “The first time he apparently says anything about, I thought there was a gun, is after the ambulance left,” Penny said. If Bessner is found guilty of Involuntary Manslaughter he’s facing up to 15 years in prison. If guilty of Second Degree Murder he’s facing any number of years, up to the judge. Deliberations will continue tomorrow.<doc-sep>
Associated Press A judge declared a mistrial Wednesday after jurors failed to reach a verdict in the murder trial of a former Michigan State Police trooper who used a stun gun on a Detroit teenager before the teen was killed in an all-terrain vehicle crash. Mark Bessner shot Damon Grimes with a Taser from a moving patrol car in August 2017. Bessner, who is white, told jurors that he feared the 15-year-old had a gun, but he was wrong. Grimes, who was black, crashed the ATV into a pickup truck and died. The 44-year-old Bessner, who resigned from the force after Grimes' death, was charged with second-degree murder and involuntary manslaughter. Jurors saw state police video of the high-speed chase, but they couldn't reach a unanimous decision to convict or acquit. The jury's struggle first was disclosed before lunch Tuesday. Judge Margaret Van Houten told them to keep working but then stopped deliberations after no progress was reported. Prosecutors can put Bessner on trial again. Jury deadlocked in trial of ex-MSP trooper Final arguments at ex-trooper's trial in Taser death Police video: First views of fatal ATV chase In his closing argument, defense attorney Richard Convertino warned jurors against convicting Bessner out of sympathy for the victim. "My greatest fear ... is that you'll believe that because a life was lost you need to make it right somehow, you need to fix it, someone needs to pay," Convertino said. "Maybe so, but not in this courtroom. This is a criminal courtroom. You just can't do that." Bessner said he saw Grimes move his left hand to his waist, a signal to the officer that he likely had a gun. But prosecution witnesses said they didn't see it. Convertino said police must make "split-second judgments" in tense situations. "If his belief was honest and reasonable, he could act immediately to defend himself even if it turned out later that he was wrong," Convertino said of Bessner. Assistant prosecutor Matthew Penney said nothing justified the use of a Taser, an electronic device that immobilizes the target. He told jurors that Grimes was committing a routine traffic offense by riding an ATV on a city street. Police records indicate Bessner had a history of questionable Taser use , but the judge kept that out of the trial. Penney reminded jurors that Bessner didn't seem overwhelmed when he told a dispatcher that he used his Taser and Grimes had crashed. The audio was played during the trial. "'You want burgers for dinner tonight?' That's the tone of voice he's using. Not someone who escaped death," Penney said.