Jury: Cassidy Slaying 1st-Degree Murder

PHILADELPHIA - A jury has ruled that the killing of Philadelphia Police Officer Chuck Cassidy was first-degree murder.

Deliberations began and ended Thursday afternoon in the murder trial of John Lewis, who admitted to gunning down the officer on the morning of Halloween 2007 inside a Dunkin' Donuts at North Broad Street and 66th Avenue in West Oak Lane.

Prosecutors argued for first-degree murder to make Lewis eligible for death.

The defense argued Lewis didn't intend to kill Cassidy but panicked.

The panel of 12 reached its decision despite Lewis' apology during tearful testimony a day earlier from Cassidy's widow, Judy.

"I apologize, Mrs. Cassidy," the defendant blurted out.

A second-degree verdict would have ended the case with an automatic life-without-parole sentence.

But now the jury will be back for another hearing, and so will Cassidy's family to likely give a victims' impact testimony during the sentencing phase.

Sentencing is scheduled to begin Friday morning.

Police Commissioner Charles Ramsey praised the jurors' decision, but said the verdict was bittersweet.

"The jury made the right decision," Commissioner Ramsey said outside the courthouse. "I'm very pleased with the verdict but, unfortunately, it doesn't bring Chuck Cassidy back. We still lost a hero who gave his life and service to others. His family still is without a father, a husband, a son so it's still trasgfic

Lewis' mother declined to comment as she left the courthouse. Attorneys for both sides remain under a gag order.

Earlier in the day, prosecutors argued for a first-degree conviction, replaying surveillance tape from the Dunkin' Donuts that showed Lewis stepping toward Cassidy, taking aim, and firing.

Assistant District Attorney Edward Cameron said Lewis had been interrupted by customers during other robberies but did not shoot them because they posed no threat. Cassidy was different, said Cameron.

"It boils down to that video," he said. "There can be no doubt of the defendant's intent that day."

Defense attorney Michael Coard said the slaying was second-degree murder because the encounter between the men took just two seconds -- meaning the shooting could not have been "willful, deliberate and premeditated," the requisites for a first-degree conviction. Second-degree murder is an unplanned death that occurs during a crime.

Coard said the prosecution's own eyewitnesses used words like "jittery," "surprised" and "startled" in describing Lewis' demeanor when the officer arrived.

"This was nothing more than a panicky reaction," said Coard.

Lewis was captured six days after the shooting, hiding out at a Miami homeless shelter.

Thursday's verdict capped a week's worth of courtroom drama that started Nov. 12 with Lewis' unexpected guilty pleas to murder, robbery and other charges. Subsequent days included sometimes tearful testimony from his victims, followed by the officer's widow appearing on the witness stand Wednesday.

Still, Coard had exhorted the jury Thursday not to be swayed by the emotional testimony and evidence -- including the officer's bloody shirt and badge -- presented during the trial.

"You are outraged at the death of a police officer, and you should be," Coard said. "(But) what does the sympathy factor have to do at all with whether or not this is first-degree or second-degree?"

Cameron, holding the weapon used to shoot Cassidy, argued that a loaded handgun with hollow-point bullets showed Lewis' intent was "different than an ordinary robbery."

"It sends a message -- you resist, you die," the prosecutor said. "This is the defendant's intent."