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Officer resigns after video shows takedown of wrong teen that left him with broken arm

By CNN

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    BREVARD COUNTY, Florida (WESH) — One of three police officers involved in the altercation that left a 15-year-old with a broken arm has resigned.

A resignation letter for William Markle says he has “thoroughly considered this decision and believe it to be in my best interest to pursue new career opportunities.”

The incident involving Markle happened in June when Melbourne police mistakenly took down 15-year-old Judah Everage, and broke his arm while searching for a different teen.

Police were looking for a 16-year-old described as white and wearing black clothing after his parents expressed concern for his safety. However, officers confronted Judah, who was wearing blue jeans and a white shirt.

According to a case report, Melbourne police said Judah did not comply with commands to lie on the ground and put his hands behind his back, and they claimed he resisted. Body-camera footage shows Judah on his knees with his hands in the air before an officer took him to the ground and handcuffed him in the area of Eden Park Drive, south of Wickham Park.

Judah’s mother, Angela Sparks, told WESH 2 her son was confused and tried to explain he was not the person they were looking for.

“He’s telling them, ‘I’m not who you’re looking for’ (…) he’s also telling them, ‘My arm, my arm. You’re breaking my arm,’” Sparks said.

Moments earlier, body-camera footage showed an officer speaking with the mother of the teen they were searching for, who had called for help and said her son needed to be evaluated under the Baker Act. Sparks said Judah was simply walking home after trying to assist the police.

Another officer, whose body camera recorded the earlier interaction, arrived at the scene to find two other officers pinning Judah down. The footage shows Judah trying to explain the situation, saying, “I know Armani, I can explain. I know his mom. I was just in the car with her. I can explain. You were there.”

Markle’s resignation letter goes on to say:

“I want to express my sincere gratitude to the Melbourne Police Department for the invaluable experiences and knowledge I have gained throughout my tenure. The department has provided me with an excellent platform to grow both professionally and personally, and I will forever cherish the memories I have made here.”

Personnel files
WESH 2 obtained copies of the personnel files for all the officers involved.

Markle had two notable complaints: one for failing to turn on his body camera and issuing an incorrect trespass order. He also had another complaint related to a domestic incident.

An internal report found that a citizen reported officer Markle for “aggressive and unprofessional behavior” during an encounter in a Planet Fitness parking lot. Markle issued the man a trespass order for sleeping in his car in the parking lot. When questioned by his superior, he cited the “public camping” order. The report from Melbourne police said it “raises concern” that the ordinance may have been “incorrectly applied.” His body camera was also turned off during the encounter. He told the department that he didn’t know it was off. He added that is the one part of the call he would have handled differently.

In a separate incident from May of last year, Markle received a complaint from an ex in a previous relationship. The complaint alleged Markle “entered an apartment complex where he previously resided, knocked loudly on the door while covering the door’s peephole and continued to contact/harass [the victim] after they made it clear of intentions to discontinue the relationship.”

Markle was reprimanded.

Officer Dylan Joseph had two notable complaints: one for a minor crash in a city vehicle where he was at fault, another for not turning on his body camera during a shots-fired call.

In an internal email from a sergeant at Melbourne police, it said, “it was determined that your failure to initiate your camera and capture the incident created an evidentiary gap during a critical portion of the incident.” He was one of three other officers who received verbal counseling as a result. It’s important to note that he did turn on his body camera eventually, just not during his initial reaction with witnesses on the scene.

The third officer, Thomas Alabise, has one incident of note. He was involved in a minor crash in a city vehicle where he was at fault.

Two of the three officers are still on the job.

The Melbourne Police Department has stated it is conducting a full review of the incident. A spokesperson said no one was available for an interview.

Please note: This story was provided to CNN Wire by an affiliate and does not contain original CNN reporting. This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.

Doctor convicted of attempted manslaughter of his wife wants a new trial, saying jurors may have been confused

By CNN
(CNN) — Along the steep Pali Puka trail last spring, the verdant beauty of Oahu spilled out to the Pacific Ocean from the scenic path where Gerhardt and Arielle Konig stood. On that high ridge, they fought for their lives – emotionally, then physically – each later would testify.A trip intended to celebrate Arielle’s birthday – and maybe salvage their troubled marriage – ended with the couple, who share two young children, on the ground attacking each other. He bashed her in the face with a rock. She bit him and squeezed his testicles.Who started the melee became the question at the heart of an attempted second-degree murder charge filed against Gerhardt Konig.Prosecutors said the defendant wanted to kill his spouse and tried to push her off the cliff. But after an emotional, 10-day trial a year later that saw husband, wife and one of Gerhardt Konig’s children from a prior marriage on the stand, the jury found him guilty of the lesser charge of attempted manslaughter.At Konig’s request, a judge on Friday heard arguments on whether a new jury should hear the case because of what two jurors in news interviews revealed soon after issuing the verdict that could send Konig to prison for up to 20 years, along with concern one juror may have communicated about the case outside the jury room during deliberations.“Jury irregularities call into serious question the integrity of this verdict,” defense attorney Thomas Otake wrote in an appeal filed in May.At Friday’s hearing, Judge Paul Wong said the court would question jurors about any outside communications during deliberations before deciding whether to grant a new trial. The court will revisit the matter on September 11.“The court must ascertain the extent of the influence,” Wong said.Whether defendant intended to kill is at issueFinding insufficient evidence to convict Konig of attempted murder, the jury found him guilty of attempted manslaughter, with his actions – even if extremely dangerous – motivated by “extreme mental or emotional disturbance.”Ruling out an attempted murder charge was a relief to Konig’s legal team and left open the possibility Konig could be sentenced to probation, with no jail time at all.“We are thankful that they did not convict him of attempted murder, which would have been life in prison,” Otake told reporters shortly after the verdict was announced.Still, the defense attorney immediately promised an appeal based on unspecified concerns about the judge’s rulings during the trial. When his motion dropped a month later, however, it wasn’t the judge Otake took issue with:The request for a new trial was based on what jurors said after the verdict.“Somebody was definitely hurt; it was a bodily injury to the head that could result in serious bodily injury,” foreperson Makalapua Atkins told CNN affiliate East Idaho News about jurors’ state of mind in deliberations.“The intent to kill is improbable to us based on the evidence presented,” Atkins said in an interview after the verdict with True Crime AZ, adding, “The only people who know what happened on that cliff are the two that were involved.”But under Hawaii law, Konig’s defense team has argued, even a conviction for attempted manslaughter would require the jury to find the defendant was trying to kill the victim – and the foreperson said they didn’t.“The jury did not unanimously believe that Dr. Konig had an intent to kill his wife,” Atkins confirmed in a sworn statement to the defense attorney accompanying his appeal. Prosecutors also asked Atkins to sit down with them for an interview, but she declined, their response to the request for appeal states. CNN could not reach Atkins for comment.Another juror, identified publicly only as Juror #3, also said he had not been convinced Gerhardt Konig intended to take Arielle’s life that day.“I don’t know if he was trying to kill his wife, personally,” he told Honolulu TV station KHON in an on-camera interview. “I do know that it was the capacity to kill his wife, personally. That how I felt about it.”If jurors didn’t understand what was required for conviction, Konig’s attorneys argued, it opens the door to a new trial.“Conduct that could result in death or has the capacity to kill may be reckless, but it is not necessarily intentional, and Hawaiʻi does not recognize attempted reckless manslaughter,” Konig’s defense attorneys said, with the emphasis, in a court filing.Did the jury understand the law?“The jurors’ public remarks raise a serious concern that the verdict may rest upon findings inconsistent with the convicted offense,” Konig’s defense attorneys said in a motion for a new trial.The judge’s instructions – 33 in all – were a lot to digest. They laid out a menu of five possible charges – from second-degree attempted murder to third-degree assault – explaining the order in which they had to be considered and steps to evaluating each.“If and only if you unanimously find that all the elements of Attempted Murder in the Second Degree have been proven by the prosecution beyond a reasonable doubt, and you unanimously find that the defendant was not acting in Self-Defense, then you must consider the affirmative defense of Extreme Mental or Emotional Disturbance,” one instruction states.In their response to Konig’s request for a new trial, prosecutors did not try to rebut the claim jurors were confused, instead saying it doesn’t matter. The “internal thought process” of the jury, even when revealed voluntarily by jurors, should not be reconsidered by the court after a verdict, prosecutor Joel Garner stated.“Jurors can change their mind, but what matters is whether the verdict was unanimous at the time it was rendered,” the prosecution wrote. “In this case it was, even according to the on-the-record statements of the foreperson – and therefore a later declaration disagreeing with the verdicts is not a sufficient basis to grant a motion for a new trial.”Juror may have revealed their discussions during deliberationKonig’s defense also raises another concern about the jury: that one member may have been communicating about the case to an outsider while deliberations were still underway.“I’ve been texting with one of the juror’s (sic) and they’re going for count 3 attempted manslaughter,” says a message posted to the live chat of trial coverage by the Law&Crime Network.The comment was first spotted by someone – whose name is redacted in the court filing – and emailed to prosecutors, who alerted the judge.“What caught my attention is that this commenter specifically predicted the verdict – that Konig would be convicted of attempted manslaughter – before it was announced,” the person wrote in the email.Whether it was legitimate or a hoax has not been proven, but Konig’s defense attorneys say the fact that it correctly foreshadowed the verdict should give it credibility.“Although the full scope of any such communication remains unknown, these circumstances raise substantial concerns regarding the jury’s exposure to outside influence or extraneous information during deliberations,” the defense team wrote.Prosecutors say even if the comment was authentic, it doesn’t require a new trial unless there is proof that “external influence” swayed the decision of the juror.“A juror disclosing where the jury stands is certainly problematic, but on its own it does not indicate that the other party influenced that juror in any way,” Garner said in their court filing.Could a new trial backfire?If Konig, who is in jail pending his sentencing, is granted a new trial, it could come with a big risk: He could face the attempted murder charge again after beating it in his first trial.Otake is trying to make sure that doesn’t happen.“The jury did not convict Dr. Konig of attempted murder in the second degree,” the defense lawyer wrote, arguing the conviction on the lesser charge amounts to an attempted murder acquittal since the jury could not convict Konig of both.“Any retrial must therefore be limited to offenses consistent with the jury’s verdict and the constitutional protections against double jeopardy,” Otake added.The Department of the Prosecuting Attorney in Honolulu has not said whether it would try to pursue an attempted murder conviction again if a retrial is ordered.Either way, the legal fight between Gerhardt and Arielle Konig will continue, as their divorce is still pending.“The marriage,” Arielle Konig wrote in her divorce petition, “is irretrievably broken.”The-CNN-Wire™ & © 2026 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.
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