3 Detroit-area mall security guards plead not guilty to manslaughter charges in connection with man's 2014 death

PONTIAC, Michigan (AP) — A jury on Friday acquitted three security guards of manslaughter in a Detroit-area mall in 2014. The case was dropped years ago without charges but reopened by prosecutors.

The jury, consisting of eight women and four men, listened to the closing arguments in the week-long trial and announced its verdict after about an hour.

McKenzie Cochran, a black man with an enlarged heart, repeatedly said, “I can't breathe” as five guards held him down at the Northland Center. The confrontation followed a call from the jewelry store owner, who said Cochran told him he wanted to kill someone.

The 10-minute struggle was captured on dark, grainy video footage from inside the mall and bystanders. Cochran, 25, was eventually handcuffed and placed against a pillar while guards waited for police and paramedics. The cause of death was asphyxiation.

Defense attorneys argued that the guards were protecting themselves and mall patrons by trying to control Cochran so they could handcuff him. The standoff escalated from two to five guards, and pepper spray was initially used.

“If someone had found a gun in this man's pocket, these men would be celebrated as heroes,” defense attorney Jamil Khuja told the jury. “Instead, 10 years later – not a 'Monday Morning Quarterback', but a '10 Years Later Quarterback' – comes along and turns their lives upside down.”

John Seiberling, Gaven King and Aaron Maree hugged each other and their lawyers after the verdict was announced. They did not want to comment on the acquittals.

Her family and friends applauded, gasped and cheered in the courtroom. None of Cochran's family attended the trial; his mother and sister are deceased.

In his closing argument, a prosecutor urged jurors to use their “common sense” and convict the security guards, arguing that their gross negligence led to the tragedy.

“This death should not have happened,” said Assistant Attorney General LaDonna Logan.

“If a man says, 'I can't breathe,' multiple times, common sense says the defendants should have repositioned him. They did nothing,” Logan said.

Cochran's death was classified as an accident by the coroner in 2014, and the Oakland County District Attorney did not file charges.

Michigan Attorney General Dana Nessel changed course in 2021 and filed charges amid national outrage over the death of George Floyda black man who was pinned to the ground by Minneapolis police.

In a written statement, Democrat Nessel said the acquittals were “not what we had hoped for.”

Defense attorneys repeatedly reminded the jury that a decade had passed since Cochran's death.

“They had all this information 10 years ago. No charges. There was no negligence,” Wright Blake said. “So what changed between 2014 and 2021? … Is it their own political advantage?”

Blake noted that there was no new evidence other than the opinion of medical examiner Dr. Carl Schmidt, who reviewed the files and testified that the death was not an accident and could be considered a homicide. He was not involved in the 2014 autopsy.

“Allowing politics and personal advancement to determine whether or not charges are brought is not the right way to go,” King's attorney Doraid Elder told the Associated Press.

He said Jessica Cooper, the local prosecutor who declined to prosecute 10 years ago, should feel vindicated. She was defeated in the 2020 re-election bid.

The final witness in the trial was Charles Key, a former Baltimore police chief who is considered an expert on use of force. He said Cochran's shortness of breath did not change his opinion that the guards' attempts to restrain and handcuff him were reasonable.

“If he's talking, that means he's breathing. He may not be breathing properly,” Key said. “Aggressive resistance – that's not possible without oxygen.”

Key said Cochran could have been handcuffed within 30 seconds without resistance.

Another guard, Lucius Hamilton, pleaded guilty last week, although he faces only 90 days in prison. The guard who led the encounter with Cochran died in 2017.

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