Jury selection continues in trial for former Gwinnett County police officer

GWINNETT COUNTY, Ga. - Gwinnett County prosecutors will continue to pose a wide range of questions Wednesday in search of the 12 men and women who can objectively weigh the evidence against former Gwinnett Police officer Robert McDonald.

For a second day, potential jurors were questioned about whether they had ever been a victim of crime, visited anyone in jail, witnessed the police chase someone and then take them into custody. They also answered questions about whether those experiences would impact their ability to be impartial in McDonald's trial.

McDonald's defense attorney is trying to find men and women who can impartially watch the April 12, 2017 video of McDonald kicking 21-year-old Demetrius Hollins in the head at the intersection of Lawrenceville Suwannee Road and Sugarloaf Pkwy.

Hollins, who was unarmed, had already been handcuffed by then-Sgt. Michael Bongiovanni. The Sergeant's right hook to Hollins head was also captured by a witness with a cell phone. Gwinnett Police fired both men after the cell phone videos of the arrest went viral.

The defense attorney asked each potential juror if he or she had already developed a bias in the case based on the aggravated assault, battery, violation of oath and false writings charges listed in the indictment.

BonGiovanni took a plea deal last year and will soon testify against the officer he called for backup that day. He received 10 years’ probation, six months on work-release and five months on home confinement, both of which he's completed.

"If he had gone to trial, there's no doubt Bongiovanni would have been convicted and sent to prison based on the charges and the evidence in the cell phone videos," said defense attorney Jackie Patterson, who is not affiliated with any part of McDonald trial.

Patterson-- who is also a former law office and former police chief--says selecting an impartial jury is critical for the defense and the prosecution in McDonald's case.

"You have citizens who have had good and bad experiences with police. The defense wants to find jurors who are sympathetic to law officers. The prosecution wants to find jurors who will listen impartially and render a verdict based upon that evidence," said Patterson, who spoke to FOX 5's Portia Bruner Tuesday afternoon.

According to investigators, both officers had a prior encounter with Holland' in 2016. They told their Gwinnett Police supervisors Hollins had drugs and a weapon in the car and was belligerent when they encountered him together in the 2016 traffic stop.

Patterson said jurors may be asked to consider mitigating circumstances in the case, but added the cell phone videos are incriminating.

Perhaps he had a bad day and the jury will get to hear that, but when it's all said and done, there's no getting around the fact that Hollins already had his hands up when he was punched in the face and was on the ground in handcuffs when he was kicked in the head, " said Patterson.

McDonald is facing up to 26 years in prison if he's convicted.