PHILADELPHIA (AP) - A judge has thrown out the death sentence imposed on a man convicted of the shooting death of a Philadelphia police officer more than two decades ago, drawing criticism from prosecutors and a police union leader.
Common Pleas Judge M. Teresa Sarmina ruled Friday that Edward Bracey, now 50, had established below-average intellectual functioning as demonstrated by an IQ of 74. The U.S. Supreme Court has barred as unconstitutional execution of anyone deemed by a state to be mentally disabled.
Bracey’s sentence is now life in prison without possibility of parole in the 1991 murder of 21-year-old officer Daniel Boyle. Authorities said Bracey was driving a stolen car in February 1991 when the rookie officer tried to pull him over, and Bracey fled, crashed into a building, got out of the car and opened fire, KYW reported.
District Attorney Seth Williams said Tuesday that he was disappointed by the decision.
“This ruling is perplexing, and I can only imagine how devastating it is for the Boyle family,” he said. “My thoughts and prayers go out to the Boyle family today as they digest this decision.”
In a 1998 hearing, prosecutors said, Bracey’s defense put on three expert witnesses who all testified that he wasn’t mentally disabled.
John J. McNesby, president of Lodge 5 of the Fraternal Order of Police, called the decision “an absolute disgrace” and said Boyle’s relatives were “obviously upset.” He told The Philadelphia Inquirer that Bracey had “pulled the wool over the judge’s eyes.”
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