"A coach is not a public servant". That was the bottom line of the jury's verdict, late this afternoon. The decision was in spite of passionate closing statements trying to establish the link between a school employee and government. The prosecution hammered the fact that he was a coach and athletic director, but Robert Perkins, Robertson's attorney said it's not clear if schools fall under any branch of government.
"There are 3 branches of government. The executive, the legislative, and the judicial. Tell me where Gary Joe Kinne fits into those three branches," Perkins said.
Van Zandt County District Attorney Leslie Dixon responded, "Our schools fall under the executive branch; The Department of Education, The Texas Education Agency and schools. They are a branch of government. They are an agency of government."
The prosecution tried to convince the jury one last time.
"Our coach, our athletic director, our teacher, our public servant is shot. He's shot in the middle of the campus of our high school," Dixon said.
That final plea was not convincing enough for the jury to return a first degree felony conviction, but Robertson still will be going to jail, most likely for several years.