Knoxville (WVLT) -- The jury has spoken, awarding $5 million to the widow of a Scott County deputy who was shot and killed by a fellow officer during a drug raid.
The jury disagreed with the earlier investigation by the TBI, finding instead that officer Marty Carson intentionally shot Hubert "John-John" Yancey.
Now, with a $5 million verdict and some new facts on the record, the criminal investigation has been reopened.
Former Deputy Marty Carson mumbled a few words and said no comment as he left the courtroom.
He knew that a jury of eight had done what no-one else ever had, held him responsible for the death of Hubert "John-John" Yancey.
Evidence clearly indicates it was Carson's gun that killed Yancey during a 2004 meth raid at a Scott County Trailer.
No one disputes that, but Carson maintained it was an accident and a subsequent TBI investigation found no wrongdoing.
But the suit claimed Carson killed Yancey to stop his investigation into allegations that Carson was profiting from drug deals.
The jury held Carson responsible for John John's death.
“I regret that the jury did not start the healing process with a defense verdict," said John Duffy, Carson’s attorney.
Yancey's family has no regrets and seems to be healing just fine.
They came out of the courthouse with their lawyer Herb Moncier, choosing to let him continue to speak for them.
Never short on words, Moncier said it was the jury that spoke the loudest during the case.
"We presented the evidence through a different lens if you will, as I said in my closing argument,” Moncier said. “Thank goodness in America we have a jury system we can do that through."
Moncier hopes another jury, a state of federal grand jury, will be the next stop for this case.
That may happen.
District Attorney General William Paul Phillips released a statement saying that the TBI is now investigating recent allegations that came out of this case.
The prosecutor said he will cooperate with any federal investigation and bring state charges if criminal wrongdoing is found.
“Hopefully this verdict will make others feel more comfortable to come forward with more information as to what was going on in Scott County, Tennessee,” Moncier said.
As for the $5 million verdict, it may never be paid in full.
Carson's lawyer confirmed that his client does not have that much money.
Any land or other property that Carson owns could be taken, if it is in his name alone, but generally not if his wife or someone else is a co-owner.
It's also very unlikely that any insurance policy is in place or that it would cover the type of judgment that was made.
Some of Carson's pay could be garnished, but that won't go very far.
Yancey's family said all along that their case was not about money and they know they likely won't get it all in the end.
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