Judge declares mistrial for man who refused to give gun to cops during Arlington march

A Tarrant County judge granted a defense motion for a mistrial Monday in the case of a McKinney man who carried a rifle during a June march protesting the fatal shooting of a black college student by a white Arlington police officer.

LaShadion Anthony Shemwell, 29, was charged with disorderly conduct/displaying a weapon in a threatening manner and resisting arrest in the June 10 incident.

Shemwell’s defense attorney, Steve Gebhardt, argued that an Arlington police officer who researched his client’s background while attempting to determine which charges could be filed against him testified to information that was irrelevant, misleading and prejudicial to the jury.

After a brief discussion, County Criminial Court Judge Phil Sorrells ruled in Gebhardt’s favor. The case is not over, according to authorities.

“We intend to bring this case back before another jury,” said prosecutor Sheena Winkfield.

Anthony was arrested June 10 during the closing moments of a march and rally protesting a Tarrant County grand jury’s decision to not bring criminal charges against a rookie police officer, who was subsequently fired, who fatally wounded Christian Taylor, 19.

Taylor was shot four times while vandalizing a new car dealership on Aug. 7, 2015. He was unarmed. The autopsy found that he was under the influence of a powerful synthetic psychedelic and marijuana.

Ten months later, the grand jury declined to indict the officer in the shooting. That led to a protest June 10 in Arlington.

Shemwell was one of two men carrying rifles who arrived at Arlington police headquarters June 10 for the rally and march. About 50 protesters marched from police headquarters, 610 W. Division St., chanting, until they reached Levitt Pavilion, an Arlington music venue, where the band Humming House was playing.

Some spectators began shouting at them.

Police officers testified Monday that they asked both men to “sling” or attach their rifles to shoulder straps.

One man did as police asked and was not arrested, Arlington officer Jacob Cannon testified Monday. Shemwell, however, refused to sling his rifle. Anthony struggled with Cannon when he tried to take the rifle from him and then stiffened his muscles when other police officers tried to handcuff him, Cannon said.

Cannon said people at the concert were frightened by the armed presence and that, at the time of the arrest, about 100 police officers were on the scene.

Shemwell was holding his AR-15 with one hand, which Cannon said was not safe.

“Command staff deployed us to Levitt because the crowd was being agitated,” Cannon said. “We were told to get the individuals to sling their guns or take them.”

Other witnesses said they never saw Shemwell point his rifle at anyone, and Gebhardt said nothing in the law requires those carrying a rifle to use a strap to secure it.

This story was originally published September 26, 2016 at 8:40 PM with the headline "Judge declares mistrial for man who refused to give gun to cops during Arlington march."