Jury Convicts Man Accused of Shooting, Robbing Detective
MIAMI (CBSMiami) – A Miami-Dade County jury has convicted Willie Barney of attempted first degree murder and robbery for robbing and shooting an off-duty Miami-Dade Police detective following closing arguments Friday morning.
The jury verdict came after a little more than three hours of deliberations.
During closing arguments, assistant state attorney Richard Scruggs, told jurors that Barney shot Detective Joseph as Joseph had his hands raised in surrender in order to eliminate a witness to the robbery.
"Wislyn Joseph wasn't supposed to be here today with his family. He's not supposed to be here because he (Barney) didn't want him here," Scruggs told the jury.
Scruggs went on to recount what the state believes is overwhelming evidence against Barney including: the fact that he was found in a car matching witnesses description of the getaway vehicle, the gun that shot the detective was found in the car, and Joseph immediately picked Barney and two alleged accomplices from photo lineups.
Defense attorney Robert Barrar told jurors Joseph misidentified his client, focusing on Barney's skin color.
"There's a big difference between white chocolate and dark chocolate," Barrar said.
Detective Joseph has described his attacker as a "light-skinned" black male, Barney is quite dark skinned.
"This gentleman (Joseph) is a trained investigator and he can't even get close to the skin tone of Willie," Barrar told jurors.
Prosecutor Scruggs countered that color is relative.
"Skin tone is in the eye of the beholder," Scruggs argued.
The state says Joseph, who is Haitian and has a dark complexion, views Barney as being lighter skinned.
Barney is being retried for the crimes, after his first conviction was reversed due to an error in jury selection.
Thursday, Detective Wislyn Joseph broke down sobbing as he recalled the day he was allegedly robbed and shot by a then 19-year-old Willie Barney.
Twice before, the detective has described the robbery and shooting in open court with animation, but not emotion. That changed Thursday.
Joseph cried uncontrollably as he told jurors of Barney ripping a gold chain from his neck, a chain his grandmother gave him on her deathbed.
"It hurts to tell of that," the detective said, tears flowing. "My Grandmother was on her hospital bed."
Judge Jorge Rodriguez-Chomat Called a recess, and then cautioned jurors not to base their conclusions on sympathy.
"You cannot feel sorry for him," the judge said.
After composing himself, Detective Joseph went on to describe being accosted by Barney and two accomplices.
He said Barney, wielding a .45 caliber pistol, ripped the gold jewelry from his neck, wrists and fingers. Joseph said he had both arms are raised in the surrender when Barney shot him in the chest near point-blank range.
"Blood was gushing out heavily, the detective said. "I didn't know if I was going to make it and I didn't want to bleed to death."
The detective made his own call to 911. From his hospital bed he immediately picked Barney and his alleged accomplices from three photo lineups.
Joseph said Barney was cold-blooded, and the shooting was senseless.
"He didn't have to shoot me. I gave him all I had," Joseph stated.
