ST. LOUIS COUNTY, Mo. — A St. Louis judge has found a former St. Louis County officer not guilty of involuntary manslaughter for the death of a 12-year-old girl who ran in front of his patrol car in 2019.
Judge Scott Millikan presided over a three-hour bench trial Tuesday in which prosecutors from St. Louis Circuit Attorney Kimberly Gardner’s office said former Officer Preston Marquart was guilty of criminal negligence. Prosecutors said Marquart was pursuing a black Camaro after spotting it without license plates and tinted windows near New Halls Ferry Road.
They argued he was traveling almost double the 30 mph speed limit while trying to catch up to the vehicle.
Defense attorney Joe Hogan argued that while the death of 12-year-old Akeelah Jackson was tragic, it was not a crime.
Hogan called the events that occurred Oct. 14, 2019 “a tragic accident.”
Millikan wrote: “A person is criminally negligent when he or she fails to be aware of a substantial and unjustifiable risk that circumstances exist or result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. There are many facts that if present in this case would give rise to criminal negligence. For example, violating a stop sign, an electric signal, or a cross walk; driving at an accelerated speed for a sustained period of time or for a significant distance; or failing to regard weather conditions to name a few. However the facts and evidence presented in this case do not include any of these. Here the defendant accelerated his vehicle in just a matter of seconds and for a very short distance. The victim was not at an electric signal, stop sign or cross walk. The weather was sunny and clear.”
Gardner's office shared the following statement with 5 On Your Side Friday evening:
"We are disappointed in the Judge’s decision in this bench trial. We will continue to hold all individuals accountable regardless of their occupation and station in life."
Hogan said: “The courts are our last line of defense in St. Louis City. We are very pleased with the verdict. It was based on facts and evidence and the prosecution was based upon the politics of prosecuting police officers.”
Read the judge's full ruling in the document below:
