Judge denies calls for dismissal in Vassey trial

BRUNSWICK COUNTY, NC (WWAY) — Bryon Vassey’s defense team asked Judge Richard Brown Tuesday to dismiss the case. The former officer is charged with voluntary manslaughter for the shooting death of Keith Vidal, 18, back in 2014.

Vassey’s legal team said the State hasn’t provided enough evidence to prove Vidal’s shooting death was an unlawful killing, but the judge denied the motion.

Michael McGuinness, one of Vassey’s defense attorneys, said Vassey had reason to believe Officer John Thomas, the officer who testified to struggling with Vidal, was in danger. Witness have testified Vidal was holding a screwdriver and wouldn’t put it down.

“With a flick of the wrist he could have killed anybody in there,” said McGuinness.

He reminded the judge of the testimony Vidal’s stepfather Mark Wilsey gave last Tuesday.

“Mark Wilsey said he was trying to stab the officer,” said McGuiness.

McGuiness said it was the worst environment that someone could be in, and Vassey made a judgment call.

“Not using other alternatives does not make the conduct unlawful,” said McGuiness.

The State rebutted with a different take on the testimony presented in the case.

Prosecutor Lee Bollinger said the State’s position is Vassey’s conduct was not reasonable and the use the deadly force was excessive.

“Every witness says his actions weren’t appropriate,” said prosecutors. “Nobody on that scene thought his actions were reasonable.”