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he was indicted for a criminal offense, manslaughter. reporter: witnesses say the teen had his hands in the air in a gesture of surrender at the time of the shooting. thelma: it's proven evidence. he surrendered. that's murder. he just shot him when he gave up. paul: listen, this was a tragedy, but phillip was a kid who had a gun who shouldn't've had a gun. gervonn: it just didn't fit the narrative of a young boy that grew up in this community. i mean, this was teaneck. walter: to me, the facts in the case are so obvious, at least in this instance. we're going to get justice (music) ...

courtroom for the trial of new jersey versus police officer gary spath. mike: it is extremely rare for police officers to be put on trial. this was a police officer who claimed he was doing his duty. and in the course of doing his duty, he was indicted for a criminal offense, manslaughter. reporter: witnesses say the teen had his hands in the air in a gesture of surrender at the time of the shooting. thelma: it's proven evidence. he surrendered. that's murder. he just shot him when he gave up. paul: listen, this was a tragedy, but phillip was a kid who had a gun who shouldn't've had ...

Wanton and reckless disregard for human life. glenn: he went into his pockets and you started shooting. spath: i was performing my job. i got a gun call. i ran after the suspect. he came at me with his hand in the pocket and he was going to shoot me. that's the truth. mike: i believe that spath came to believe in a reality that simply doesn't add up to the forensics. if you look at this objectively, it was impossible for phillip to be shot in the back and be turning to shoot gary spath. patuto: certainly forensics can be helpful, but in my mind, my humble opinion is that they should never be c...

Except in rare cases. the jury wants to hear from a police officer. they have to hear from a police officer because if it's left out, you're not going to get his side of the story. spath: i got out and i pulled my weapon. spath: i pulled my weapon because we just received the gun call and when you get a gun call, you i reasonably believed the potential existed that i could get shot.

Spath: i got out and i pulled my weapon. spath: i pulled my weapon because we just received the gun call and when you get a gun call, you i reasonably believed the potential existed that i could get shot. thelma: when he walked on the stand, you know, i'm telling you, i was saying he's nothing but the devil.