Jury finds California man not guilty on 1, guilty of other in Nacogdoches standoff charges

Source: KTRE
Source: KTRE

NACOGDOCHES, TX (KTRE) - A Nacogdoches County jury has found a California man not guilty of aggravated assault of a public servant in connection to a June 2016 standoff with Nacogdoches police.

The jury did find Lamar Dwayne Allen, 50, guilty of unlawful possession of a firearm.

District Judge Ed Klein will hear testimony for Allen's punishment on June 29.

The defense did not present any evidence after the state rested their case.

In closing arguments, the state reminded the jury of the numerous witness testimonies that Allen intentionally pointed a gun at a peace officer. The state asked the jury to consider the audio recording where Allen is heard telling an officer he had a gun and threatened to shoot himself. A majority of the arguments were spent on two guns which the two officers testified seeing. The state argued that the defendant was in the bedroom of where the gun was found in the closet.

Defense lawyer John Tatum argued otherwise. He said the scene took place at a small house and questioned why the gun, the pistol, which officers said they saw was not the same one collected in evidence. Tatum said if "dozens, and dozens, and dozens" of officers were present, he raised doubt onto why the pistol was not found.

Tatum reminded the jury that multiple witnesses testified that they saw a phone in Allen's hand. He said it was dark and power had to be cut off and easily could have misinterpreted what they had seen. The state argued the officers are trained professionals, and pointed out that light from the rifle gave view of the room and of Allen that summer night.

The jury delivered the verdict after nearly three hours of deliberations.

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