Deputy Acquitted Of Shooting Charges

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Just as I pointed out in this post last year, a videotape does not tell the whole story.  There are many factors involved in the split second decision to use deadly force as a cop and a dark grainy videotape will almost always never tell the whole story.

That didn’t stop many from vilifying this Deputy Sheriff from San Bernardino County when this videotape surfaced of him shooting a Air Force Airman home on leave after a vehicle pursuit in which he was a passenger:

The armchair quarterback cops and lawyers all pronounced him guilty as sin.

But just like my earlier post a jury saw the evidence and found that the video doesn’t tell the whole story:

A San Bernardino County sheriff’s deputy was acquitted of all charges Thursday in a videotaped shooting of an unarmed Iraq war veteran who was a passenger in a car that crashed after leading authorities on a high-speed chase.

Ivory J. Webb was found not guilty of attempted voluntary manslaughter and assault with a firearm for opening fire on Air Force Senior Airman Elio Carrion in an incident that was videotaped and broadcast around the world, said Susan Mickey, a district attorney’s spokeswoman.

Webb, 46, who has since left the department, had faced up to 18 years in prison. He hugged his defense attorney and burst into tears after the verdict was read in San Bernardino County Superior Court.

“I’m ecstatic,” Webb said. “I thank God first and foremost. I also want to thank the jurors.”

[…]Carrion, who was home on leave after serving in Iraq, was a passenger in a Corvette that was chased Jan. 29 last year by Webb at 100 mph before crashing into a wall in Chino, about 40 miles east of Los Angeles.

On the grainy, 40-second video clip shot in darkness by an area resident, Carrion can be heard swearing at Webb before the deputy tells him, “Get up! Get up!” Webb, who is shouting expletives himself, then shoots Carrion in the chest, left leg and left shoulder as the victim appears to be obeying the order.

Carrion was hospitalized for several days.

“In our eyes it was not proven beyond reasonable doubt that the officer was unreasonable,” said juror Richard Day. “In our eyes he did everything reasonably that any officer would do in his position.”

Another juror, Michael Thompson, said the video footage didn’t tell the whole story.

“Somebody watches something on television, you can’t assume it to be true,” he said. “You can’t assume it to be what’s real.”

Prosecutors said Carrion did not pose a threat to Webb, who they characterized as angry and not in control of the situation.

Defense attorneys said Carrion’s hand was near his chest moments before he was shot – giving the former deputy the impression the airman was reaching for a weapon.

Let me see, a 100mph pursuit of a speeding corvette which then crashes.  The passenger then reaches up to his chest (the Airman’s back was toward the Deputy) as he is getting up but somehow everyone came to the conclusion the cop was just out for blood. 

Thankfully there are still people out there who recognize the difficult job we have as cops making that split second decision on whether someone is reaching for a weapon or not.  A big factor in this is context.  There is a much higher chance of violence at domestic disputes rather then trespassing call.  There is a much higher chance of violence at the end of a pursuit in which someone is actively evading the police rather then a normal traffic stop.

In the context of this situation it was perfectly reasonable for this Deputy to conclude that this man was reaching for a weapon. 

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Hopefully he’ll get his job back.