McCulloch rules July 5 shooting by Pine Lawn police was justified
Family wants answers in case of fatal shooting by Pine Lawn police officer
30-year-old man was killed after speeding from police, crashing car and running away. He had no gun. Read more
The fatal shooting of an unarmed man on July 5 by a Pine Lawn police officer appeared to be justified and “not excessive under the circumstances,” according to a review by St. Louis County Prosecuting Attorney Robert McCulloch.
The shooting, involving a black man shot by a white police officer, happened one month before the Aug. 9 shooting of Michael Brown, an unarmed 18-year-old, by a white police officer in Ferguson. The Brown shooting has led to continuing protests and a grand jury investigation.
In this case, Christopher Maurice Jones, 30, of Bel-Ridge, died from a single gunshot wound to the rear of his right arm; an autopsy determined that the bullet entered his chest cavity and struck his heart, according to a four-page synopsis of the evidence in the case written by an attorney in McCulloch’s office.
The medical examiner’s office had previously denied requests for the autopsy report, saying the case was still under investigation. The office did not respond to an email follow-up Monday.
The synopsis said Jones fled a traffic stop by a Pine Lawn police officer on westbound Interstate 70 at Bermuda Drive about 1:54 a.m. With Officer Nicholas Stone in pursuit, he drove as fast as 114 mph before crashing on the exit ramp to southbound Interstate 170, then got out and continued running down the ramp.
Looking inside the wrecked car, Stone saw an empty holster in the center console, the synopsis said. Stone then chased Jones on foot. Jones resisted several attempts by Stone to put him in handcuffs, including three discharges from a Taser.
Jones, who stood 6 feet, 2 inches tall and weighed 240 pounds, “was substantially larger in frame and stature than Stone,” the synopsis said. Stone said Jones swung his arm backward, striking Stone in the chest, and threatened to kill him. Jones reached into his waistband with his right hand and raised his shirt with his left. Stone drew his weapon and yelled, “Show me your hands,” at least three times, the synopsis said.
“The suspect continued to bring his arm backward to the officer’s location,” the synopsis said. Stone, believing Jones had drawn a firearm, “discharged his weapon one time, striking Jones in the outside portion of the right arm,” the synopsis said.
Investigators could not find an independent witness to the shooting, according to the synopsis.
There was no video evidence, either, despite a 2012 agreement with the U.S. Department of Justice that the city make “reasonable effort” to secure funding for in-car
video cameras to provide “an unbiased account of events.” That agreement was precipitated by complaints about police misconduct and racial profiling. But the synopsis said none of the Pine Lawn officers or cars had cameras. Anthony D. Gray, director of public safety for Pine Lawn, has said that the department is still evaluating cameras.
Detectives with the St. Louis County Police Department located two of Jones’ friends, who told them he had been “heavily intoxicated” and “increasingly combative” with friends at a small Independence Day party. Jones had a 0.17 percent blood-alcohol level, more than twice the legal limit, and had marijuana in his system, the synopsis said. About 32 grams of marijuana, and scales, were found in the wrecked car.
Although a release from county police hours after the shooting claimed Jones had been pulled over for a “wanted person” alert on the
license plate, the synopsis said Pine Lawn officers were not aware that the car had been reported stolen or that Jones had active warrants or previous felony convictions.
“The initial stop was solely because of the speeding,” the synopsis said.
The synopsis found irregularities in the Taser records: Time stamps indicated the weapon was deployed after Jones was pronounced dead. Investigators decided the Taser’s internal timer was not accurate.
Jones’ mother, Christa Jones of Bel-Ridge, recently told the Post-Dispatch that authorities had not communicated with her about the circumstances of her son’s shooting. And she said no one had notified her Monday, before a reporter sought comment.
“Of course they were going to say justifiable homicide,” she said. “But how do you justify killing somebody, a human being?”
Source:
http://www.stltoday.com/news/local/c...3845157a7.html