Ms. Chesimard, then a leading figure in the Black Liberation Army, fired the first shot, which, according to court testimony, started a gunfight between her, Soldier Harper and Mr. Costan.
During the melee, Mr. Acoli tried to grab Trooper Foerster’s gun, by decision.
“During that physical struggle, Acoli claimed that Trooper Harper shot him, grazed the top of his head and left him black,” the decision states. “According to Acoli, when he regained consciousness, Trooper Foerster’s body was lying on the ground nearby and Acoli fled with Costan and Chesimard, both critically injured.”
Mr. Costan eventually died from his injuries.
A jury convicted Mr. Acoli in 1974, and he was sentenced to life in prison. He first qualified for a pardon in 1993.
At a hearing in June 2016, Mr Acoli asserted that he was not sure who fired the bullet that killed Trooper Foerster, but he accepted responsibility and expressed his “deepest remorse and sincere apologies”. to Trooper Foerster’s family.”
“No one can change the past,” he said, “but anyone can pay the fine to change themselves. And that’s what I’ve been working on for years. ”
“I am responsible,” Mr. Acoli added, following the Supreme Court decision. “I deeply regret his murder, my role in it.”
Joseph J. Russo, New Jersey’s first assistant public defender who joined the lawsuit on behalf of Mr. Acoli, said the decision showed the board ignored “overwhelming evidence that shows Mr. Acoli is reinstated, deeply remorseful and deserving of his release.”
