Posted on 07/16/2014 5:40:46 AM PDT by csvset
PORTSMOUTH, Va. (WAVY) – Imagine you’re up watching our late night news when you hear your back door rattling, then see a red laser pointed on your chest. One Portsmouth man claims that happened to him.
Brandon Watson said he was protecting his family when his wife heard noises in the back yard on January 3, 2013: “She said, ‘oh my gosh, someone is int he backyard.’” The noises got closer and then she heard the clicking of the backdoor handle.
In a neighborhood where weapons are everywhere, Brandon Watson didn’t hesitate to grab his own legally purchased gun. It was a decision with lingering repercussions.
Photos: Cops went to wrong house, charged homeowner
Brandon remembers, “We ran upstairs very quickly … she saw guys in all black from right here in this window looking down.” Watson said he couldn’t immediately find his cell phone to call 911 so he ran downstairs with his firearm and stood at the foot of the stairs, shielded by a wall.
“I announced myself, ‘Who is that? Who is that? I have a gun.’ And as soon as I said that, two red laser beams were on my chest,” Watson said. “so I looked at the red laser beams on my chest, and I fired a warning shot.”
A single shot through a window, and then Watson ran to get help from his neighbor across the street, a Virginia State Police deputy.
As I came out of the house … they said, ‘stop,’ and I said, ‘Who?’ They then said, ‘Who just fired the shot out the back window?’ I said I did … and I was holding a gun, and they said, ‘put down the gun.’”
Watson dropped his handgun and said he received shocking news.
“They said, ‘we just got news you shot at an officer.’ I said, ‘An officer? Nobody came to my door. What do you mean an officer? I didn’t know there were any officers in my backyard,’” he told WAVY.com.
Then he learned the dark figures in his backyard were Portsmouth police officers who had not announced themselves.
“As far as the officers response, I support their response 100 percent,” said Portsmouth Police Chief Ed Hargis, who claims his men never heard Watson say he had a gun or say anything. “Anytime the police hear there is a firearm, they start giving verbal commands, and they start yelling police.”
It came out in court last September that police were in the wrong backyard. They were supposed to be in Patricia Brooks yard, which is next door to Watson. She had called 911 because she heard unrelated noises in the downstairs of her home.
Portsmouth Commonwealth’s Attorney Earle Mobley explained how police ended up in the wrong backyard: “When they went around from the front, they started counting 2, 3, 4.” They were counting the number of townhouse units from the end, where Patricia Brooks lived. “Then they see a gate that is open, and that raises suspicion that must be the house,” Mobley said.
Mobley admits Watson did not know police were in his backyard, but prosecutes him anyway for misdemeanor reckless handling of a fire arm.
“You cannot fire indiscriminately through the window,” Mobley said.
And a judge agreed. Watson was found guilty. So he appealed the decision, and a second judge declared a mistrial. At that point, Watson chose to have a jury trial.
“This can’t be doing your job. You come in my backyard, try to open my door, open my window and flash red laser beams on my chest because you thought I was the burglar, and I thought you were the burglar,” Watson said.
The seven-person jury bought that, and found Brandon Watson not guilty, after deliberating only 47 minutes.
“The Commonwealth really didn’t have a case. It wasn’t reckless, so it didn’t’ take a lot of discussion,” said Danny Barnes, a juror and WAVY-TV 10 employee.
When 10 On Your Side asked Mobley about the juror’s comment, that the Commonwealth failed to prove Watson was reckless, he simply said, “I just disagree with that point.”
The jury thought Watson showed restraint by only firing one shot.
“There was agreement if there had been more than one bullet hole, had he sprayed the wall with bullets, bang, bang, bang, that would have been reckless,” Barnes said.
The jury was also concerned police went to the wrong home, and that there was general confusion.
“That really wasn’t explained very well, and that was a sticking point for most of us, and that wasn’t flushed out at all,” Barnes said.
The jurors honed in on the red beams on Watson’s chest.
“The police kept saying they had their weapons pointed at the ground at all times. At the same time, they said they were using their TAC lights on the gun to illuminate whatever they were looking at,” Barnes said. “You can’t be doing both at the same time, that’s contradictory.”
10 On Your Side asked Chief Hargis if a light could have gone into the window.
“Yes, but I don’t think it was there for any long period of time,” he said.
We asked him if the red lights appearing on Watson’s chest were possible.
“It is possible, sure,” he replied.
Then we asked him to confirm that that was what led to the shooting: The chief responded, “That’s when he discharged his firearm.”
The Watson case has helped change Portsmouth police policy with the use of red gun laser sights.
“This case, and firearm instructor concerns, as well as executive staff, we have modified the policy and taken the lasers off the weapons,” Chief Hargis said.
Most stunning — the jury found police were unfair in how they pursued Watson.
“They absolutely did … he was put in a no win situation,” Barnes said.
For Brandon Watson, the incident turned his life upside down. He was unemployed for 10 months, and thinks under the circumstances, he deserves restitution.
“I begged them not to charge me … I knew what it meant … I got no jobs … no one would hire me after they ran the criminal background check, because I was charged with reckless handling of a firearm,” Watson said.
Watson continues moving forward with a possible lawsuit against the city of Portsmouth. The case would allege negligence or gross negligence.
Watson continues moving forward with a possible lawsuit against the city of Portsmouth. The case would allege negligence or gross negligence.
Where's the ACLU at? /s
luckily he didn’t have pets they could slaughter
What [hopefully soon to be FORMER] DA even prosecuted this case and wasted taxpayer dollars?
I’d have done the same thing of I were on the jury. And if I were the defense Attoney I’d be demanding that a few cops be charged with perjury. Someone lied under oath here and it isn’t the homeowner.
You'd think one of the Barney Fifes would have the decency to identify themselves before this near tragedy occurred.
He’s lucky he made it to the jury.
The standard MO when shots come OUT of a house for any reason is to so riddle the house with bullets that it has to be condemned - if they don’t burn it down first.
A minor point but it aggregates the hell out of me. One "hones" an edge; one "homes" in on a point.
“You cannot fire indiscriminately through the window,” Mobley said.
Unless you’re a cop. Then you can do it all day long.
Violating one’s 4th amendment rights is serious business. For the homeowner, a home invasion by armed men is the same in the first moments, whether by cops or gangbangers. Cops had better be sure they are at the right house. I support the right of the homeowner to shoot anyone breaking in. ANYONE.
Besides, this dangerous tactic is used far too much these days.
I’m surprised they didn’t lie more boldly. All they had to say is they had identified themselves and he woulda been screwed.
You object to homey’s incorrect use of hones and homes?
That was 40 minutes too long.
This police chief should be fired.
When one criticizes another's grammar or usage, one should always carefully proofread their post :)
“They were counting the number of townhouse units from the end, where Patricia Brooks lived. “Then they see a gate that is open, and that raises suspicion that must be the house,”
It raises the suspicion that the cops are incompetent idiots. The gate is open, this must be the right place. Lets storm the yard and point guns at everyone.
The guy is VERY lucky to be alive. He shot at cop and then left the house holding a gun. Thats usually a death sentence.
Apparently you can also be so lax in your job you can't count to five (townhomes). You can make assumptions in a serious situation. (gate open, must be the place) You can point a deadly weapon at someone with zero justification. (laser dots) You can lie in court. (we didn't hear him) etc. etc.
These guys screwed up just about every way possible. I would've acquitted the homeowner too in about 30 seconds. No-knock raids will result in nothing but injury and/or deaths. Anyone - any savvy home invader - can bust through your door and yell "Police!" Until you see a uniform, credentials, and you have called the police to verify they have personnel there you have little reason to believe Joe-Schmoe is law enforcement. I have had family members "pulled over" by fake cops in fake unmarked cars with lights in the grill. Luckily my niece was smart enough and had good enough instincts to floor it and call the real cops when the punk approached her car door.
I suppose it’s unfair to blame autocorrect; guilty as charged. I’ll wager, however, that “hones in” appears more frequently in more writers’ work intentionally, than my typo does in mine.
And criminals would NEVER use such a ruse to disarm someone they intend to rob and kill!
I was just having fun. I think the word ‘hones’ is considered to be above the 6th grade level. Probably a contributing factor to the authors misuse.
The Demonrats will sure to drop off a few busloads of illegal immigrants to “diversify” the demographics.
Sounds like felony assault, at a minimum, by the police on an innocent civilian. Should be prosecuted and sent to prison.
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