Police Sgt. convicted on one count

Sgt. Wade Merritt was convicted today of one count of domestic battery, and he was found not guilty on the other two charges. The domestic battery charges were 1) with physical contact and 2) with bodily harm, and the other charge was that he interfered with a deputy who was trying to interview his minor son.

Judge Graham found him not guilty on Count 1, guilty on Count 2 and not guilty on Count 3, and I didn't get the exact domestic battery charge that was Count 2. Of course, I can't help wondering how he could be convicted on either charge, since the direct testimony was that there was no physical contact or bodily harm.

The prosecuting attorney made a plea for the judge to protect all battered women everywhere by convicting Merritt.

The defense attorney stated in his closing argument that the direct, sworn testimony of all witnesses who were present before the first deputy arrived was that no battery had occurred. All three said that there was no physical contact at any time between Merritt and his wife, Jackie Gappa.

Merritt testified well today and did not allow himself to be trapped by inaccurate questions from the prosecuting attorney. When the prosecutor asked, "Isn't it true..." and then said something that was not true, Merritt without hesitation answered that it was not true.

Judge Graham got a real work-out yesterday and today with many, many objections from both sides. These two days illustrated how many decisions a judge must really make, before he ever gets to the end of the trial and has to announce his verdict.

Both Merritt and Gappa told me that they are ready to have this behind them. It's unfortunate, in my opinion, that Judge Graham ruled as he did. Had I been he, I would have found Merritt not guilty on all three charges.

Merritt and Gappa understand how the evening escalated as it did, and Gappa was clear in her testimony yesterday as to why she called 9-1-1.

There were circumstances that, again in my opinion, could have been emphasized more highly in court, but it's easy for me to observe and hold this opinion without having been involved in the strategy and tactics of the defense team.

As I drove home after court, I thought, "Maybe there is a silver lining here somewhere." If today's court decision does end Merritt's law enforcement career, then he has the opportunity to embark upon a new career. With the world of police work becoming ever more dangerous, maybe he is being presented with a left turn, instead of a right turn, and this keeps him out of harm's way.