An ex-convict has been found guilty of first-degree murder in a retrial relating to the fatal shooting of a Los Angeles Police Department officer during a traffic stop more than four decades ago. The jury in San Fernando, consisting of the third panel to hear the case against Kenneth Earl Gay, 65, has charged him with the murder of Officer Paul Verna on June 2, 1983. Officer Verna, a married father of two sons who went on to become police officers themselves, was shot during the traffic stop. The jury also determined that Gay committed the murder to avoid arrest and prevent a lawful arrest, as well as the murder of a peace officer in the performance of his duties.
However, the jury was unable to reach a unanimous verdict regarding the allegation that Gay personally used a gun during the crime. Gay’s conviction had previously been reversed by the California Supreme Court, and his death sentence has been reversed twice. Following a decision by the California Supreme Court, the case was sent back for retrial in the guilt phase due to a violation of Gay’s constitutional right to competent counsel during his first trial.
Although the L.A. County District Attorney’s Office initially sought the death penalty, they later opted against it in the retrial. The District Attorney’s bid to dismiss the special circumstance allegations, which would have resulted in life imprisonment without parole for Gay, was rejected by Superior Court Judge Hayden Zacky. Officer Verna’s widow and two sons voiced their opposition to the dismissal. Gay, who used a wheelchair throughout the trial, is scheduled to be sentenced on October 2.
It took the latest jury two weeks to deliberate, during which one juror was replaced and the panel was instructed to restart their deliberations. Sandy Jackson, Officer Verna’s widow, expressed her agony at the length of the jury’s deliberation but ultimately expressed satisfaction with the verdict. She stated that Gay should not be allowed to walk freely among people. She had hoped that the third trial would finally lead to justice.
Both of Officer Verna’s sons followed in their father’s footsteps and became police officers. Bryce Verna, one of the sons, wore his father’s old badge on his Los Angeles Police Department uniform to court for the verdict. In the closing argument, Deputy District Attorney Eric Siddall highlighted that Officer Verna was unaware of the imminent danger when he pulled over the car containing Kenneth Gay, Raynard Cummings (Gay’s alleged crime partner), and Cummings’ wife. Siddall emphasized that the group had been involved in a series of violent and brutal robberies in the San Fernando Valley.
The prosecutor explained that Officer Verna’s act of issuing a ticket to the suspects unknowingly provided evidence that eventually led to the resolution of his own murder. Siddall characterized the officer’s killing as a brutal murder that aligned with the manner in which the suspects treated their other victims.
In contrast, one of Gay’s defense attorneys, Monnica Thelen, argued that the case against her client was severely lacking. She asserted that Gay had no involvement in the murder and placed sole responsibility on Raynard Cummings, whom she claimed had already been held accountable for the crime. Thelen found it ludicrous to suggest that Cummings would pass the gun to Gay after firing the first shot at Officer Verna. She urged the jurors not to let the evidence of the robberies cloud their judgment.
During the third trial, Pamela Smith, Cummings’ ex-wife, testified as the prosecution’s first witness. Smith identified Officer Verna as the man who was murdered and attributed responsibility to both Kenny Gay and Raynard Cummings. Gay’s case was remanded to the San Fernando courthouse by the California Supreme Court due to a violation of Gay’s constitutional right to competent counsel. This decision marks the third time that Gay’s death sentence has been overturned.
Gay’s first death sentence, imposed in 1985, was overturned in 1998 due to inadequate legal representation. A retrial was ordered for the penalty phase of his case. When he was sentenced to death a second time in December 2000, Gay maintained his innocence and expressed his frustration towards the judicial process and the Verna family. Superior Court Judge L. Jeffrey Wiatt, who presided over Gay’s second trial, firmly believed that Gay fired the final five shots at Officer Verna.
In 2008, the California Supreme Court once again overturned Gay’s death sentence. The court found that Judge Wiatt had erred by preventing Gay from presenting significant mitigating evidence during the penalty phase, including four statements from Cummings claiming sole responsibility for the shooting. Cummings, who was convicted of first-degree murder and had also been sentenced to death, subsequently had his conviction upheld by the California Supreme Court.
