Negligent homicide charge dropped

Prosecutors have dropped the negligent homicide charge and one lesser malfeasance in office count against a former Louisiana state trooper indicted in the deadly arrest of Black motorist Ronald Greene five years ago in Union Parish.

The move came Thursday, just a month before Kory York is scheduled to go to trial. The negligent homicide charge was the most serious charge left in a case that’s slowly been chipped away since a Union Parish grand jury indicted York and four other law enforcement officers in late 2022.

Greene died in state police custody after a chase that ended on a rural Union Parish road. Police body camera footage shows York dragging Greene by his ankle shackles face down before Greene stopped breathing.

District Attorney John Belton said his office dropped the negligent homicide charge because the evidence didn’t meet the standards for conviction.

“ After an extended and thorough review, as well as discussion with the Greene family, the state has determined that, while the Union Parish grand jury found the evidence met the applicable lower legal standard of persuasion to return an indictment on these two counts, it does not meet the beyond a reasonable doubt standard necessary to secure a conviction at trial,” Belton said in a statement.

The dismissal was filed Thursday morning in 3rd District Court in Union Parish. Belton said the trial will continue as scheduled next month on the remaining eight malfeasance counts against York.

He said the now-dismissed malfeasance count came from authorities’ unproven supposition that Greene was pepper-sprayed after he was subdued and handcuffed.

York’s attorney, Mike Small, said the count came from an unfounded allegation.

“Not a single witness at the scene in Union Parish nor any of the body cam videos supported that totally false allegation,” Small said.

According to Greene’s autopsy, his blood alcohol level was .106, almost twice the limit for intoxication. Cocaine was also found in his system.

“ I have to assume that the fact that Ronald Greene had lethal amounts of cocaine and alcohol in his system on the date of his death factored in significantly to the prosecutor’s decision not to pursue the negligent homicide charge,” Small said.

“The state’s own forensic pathologists, Dr. Jennifer Forsyth and Dr. Frank Perreti, listed cocaine use as one of the causes of Mr. Greene’s death in both their original and supplemental autopsy reports.”

State police initially told Greene’s family the 49- year- old died from injuries sustained when his small SUV hit a tree. But later evidence and testimony before a state legislative committee looking into Greene’s death contradicted that.

Though court records say three head injuries suffered by Greene weren’t consistent with an auto crash, neither a 2019 nor a 2021 autopsy report list the manner of Greene’s death — that is, whether his death was homicide, accidental, undetermined, etc.

The 2019 autopsy report signed by Arkansas forensic pathologists Peretti and Forsyth listed Greene’s cause of death as “ cocaine induced agitated delirium complicated by motor vehicle collision, physical struggle, inflicted head injury, and restraint.”

But Forsyth later removed delirium.

The amended report lists cause of death is “best classified as: complications of cocaine use, conducted electrical weapon application, physical struggle, prone restraint, blunt force injury, and neck compression.”

Jury selection in York’s trial is set to begin Oct. 28 in Union Parish.

York and Union Parish sheriff ’ s deputy Chris Harpin are the only remaining defendants in the case.

In July 2023, District Judge Thomas Rogers dismissed obstruction of justice indictments against former Trooper Dakota DeMoss and former LSP Captain John Peters.

In October 2023, Belton agreed to drop charges against the ranking trooper on the scene, Lt. John Clary, of Ruston, in apparent exchange for his cooperation. Clary was accused of lying about the existence of his body-camera footage.

Clary’s attorney has denied any immunity agreement.

DeMoss, Peters, and Clary have all been subpoenaed for York’s trial.

Last year, York’s attorneys sought to have all the charges against him dismissed, saying prosecutors illegally used statements from an LPS internal investigation in seeking an indictment against York.

In an August 2023 hearing, Small said York was required to answer questions as part of the state police investigation, and that prosecutors allowing use-of-force expert Seth Stoughton to listen to the interview violated York’s 5th Amendment rights.

But 3rd District Judge Thomas Rogers disagreed.

He said though Stoughton did listen to audio of statements York made to LSP investigators, it was police body camera video that led Stoughton to conclude York allegedly used excessive force against Greene.

Stoughton’s testimony was considered pivotal to the grand jury’s decision to indict York.

In November 2023, Small asked the 2nd Circuit Court of Appeals to review Rogers’ decision, but it refused. Small took the matter to the state Supreme Court, but in April 2024 the court declined to hear York’s appeal of Roger’s decision.

That refusal cleared the way for the nowpending trial to proceed.

Meantime, Belton, in his statement, said U.S. Attorney Brandon Brown has not closed its case relative to prosecution of any possible federal offenses in the Greene matter.