Jury of 6 selected in new trial of man who shot officer

Reporter: Annalise Iraola Writer: Matias Abril
Published: Updated:

A man convicted of trying to kill a police officer returned to court for a retrial.

The Cape Coral police officer was shot three times at point-blank range by Yousel Rivera during a 2011 traffic stop.

Rivera is getting a new trial because in the previous one a circuit judge failed to give a jury instruction about whether Rivera knew the victim was a police officer.

Rivera was convicted of attempted first-degree murder of a law enforcement officer with a firearm, a crime that calls for a mandatory life sentence.

A jury of six people with two alternates were recently selected for Rivera’s retrial.

In a video of the crime from 2011, you can see Rivera in the passenger seat fire three shots into Officer David Wagoner.

Rivera sat in court Tuesday before potential jurors as both the state and defense asked possible jurors about their backgrounds and biases.

One of the most important questions is how potential jurors feel about law enforcement officers. Are they biased to side with them or against them?

Wagoner spoke out during his previous trial.

“On April 16th, 2011, Yousel Rivera attempted to kill me and to take away all that I love in this world. I have sustained permanent physical damage as a result of the gunshot wounds that continue to cause pain and require treatment and therapy,” Wagoner said.

Opening statements have already been given and Wagoner has already taken the stand in this retrial.

Copyright ©2024 Fort Myers Broadcasting. All rights reserved.

This material may not be published, broadcast, rewritten, or redistributed without prior written consent.