CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, December 22, 2008

Mistrial For Third Suspect In NYPD Murder Case

A mistrial has been declared in the case against Lee Woods for the murder of a police officer and for wounding his partner during a routine traffic stop, CBS 2 HD has learned.

Woods was the last of three men tried for their separate roles in the incident.

A juror in the trial fell ill last week during deliberation. That juror was unable to return.

At the beginning of the trial, the defense had stipulated that no alternate would be used while the jury had begun deliberating.

As a result, the judge declared a mistrial. The DA will go ahead with a new trial, and those involved will return to court on January 14.

Prosecutors argued Woods, Robert Ellis and Dexter Bostic acted as a team to shoot Officer Russel Timoshenko and now-Detective Herman Yan because they were caught with a stolen SUV and with illegal weapons in the vehicle. Prosecutors said Bostic shot and killed Timoshenko, Ellis simultaneously hit Yan, and Woods was the driver.

Bostic was convicted Friday of aggravated murder and attempted murder, days after his co-defendant Ellis was acquitted on those charges.

After deliberating two days, jurors convicted Bostic on those counts and on three counts of criminal weapons possession. He is facing life in prison without parole when he is sentenced Feb. 22.

Three separate juries heard the case because the men made statements implicating each other. [Mark Godsey]

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