But Finkelstein attorney Ralph Parnell III said that story was flawed.
Johnson, he said, had not announced that he was a law enforcement officer when he told Finkelstein to show his hands. Parnell backed his argument with discrepancies between Johnson’s testimony, deposition and another deputies’ depositions.
The lack of notification combined with the fact that Johnson was wearing his dark green deputy’s uniform in a poorly lit area at night and that he was pointing a flashlight — attached to the barrel of a gun no less — at Finkelstein’s face made it impossible to identify him as a law enforcement officer, Parnell said.
He said Johnson was simply a “disembodied voice in the dark” at that point.
“I would argue at that point (Johnson) has committed an aggravated assault himself,” Parnell said. “He was in a dicey situation of his own making.”
Finkelstein’s trial is set to begin in early April.
Read more at PNJ.com.