Posted on 03/07/2006 12:23:36 PM PST by ketelone
Deputy Faces Charges in Airman's Shooting By GREG RISLING, Associated Press Writer 47 minutes ago
SAN BERNARDINO, Calif. - A sheriff's deputy who was videotaped shooting an unarmed Iraq War veteran after a car chase will be charged with attempted voluntary manslaughter, authorities said Tuesday.
The decision to charge Deputy Ivory J. Webb, 45, was announced by San Bernardino County District Attorney Michael A. Ramos.
Sheriff Gary Penrod said Webb will remain on paid administrative leave during the investigation into the shooting of Air Force Senior Airman Elio Carrion, 21.
"I respect the decision of the district attorney's office," Penrod said.
It is the first time the county's prosecutors have filed charges against a lawman for an on-duty shooting.
Webb's arraignment was set for Wednesday. If convicted, he could face up to 18 1/2 years in prison.
The charge includes the special allegations of infliction of great bodily injury and use of a firearm, Ramos said at a news conference. In California, such enhancements can result in extra prison time.
An attempted-murder charge was not filed because there was no finding of malice, Ramos said.
Carrion, an Air Force security officer just back from Iraq, was a passenger in a Corvette that police chased at high speed on the night of Jan. 29 until the Corvette crashed into a wall in Chino, about 45 miles east of Los Angeles.
A grainy videotape shot by a bystander showed Carrion on the ground next to the car with Webb standing and pointing at gun at him.
A voice appears to order Carrion to rise, but when the airman appears to begin complying, the deputy shoots him three times. Carrion was shot in the chest, shoulder and thigh and was hospitalized for several days.
Authorities found no weapons on Carrion or the driver, Luis Escobedo.
Prosecutors announced they were charging Escobedo with a felony of attempting to evade a peace officer while driving recklessly and misdemeanor driving under the influence. He was expected to surrender Wednesday. The maximum penalty if convicted would be 3 1/2 years in prison.
Webb has made no public comment since the incident.
Carrion's sister, Monique Carrion, 22, was surprised by Tuesday's announcement.
"We've just been trying to stay strong and help my brother get better," she said in a telephone interview. "Just give him support, which is what he needs right now."
The FBI is investigating possible civil rights violations. The sheriff's department conducted its own probe and gave the results to the district attorney's office.
At the time, the sheriff said the videotape "arouses a lot of suspicion," but he pointed out that it is fuzzy and contains gaps.
Ramos assigned two top attorneys to review the shooting and requested an FBI enhancement of the videotape.
Charging Webb was a "difficult decision," Ramos said, but enhancing the videotape "made our decision easier."
Senior Airman Carrion is still alive.
Apparently the deputy was caught on tape ordering the airman to rise, and then shooting him when he did so.
Heres the other story. Its not the same. This one happened on Philadelphia, yesterday. A cop allegedly shot a guy who allegedly charged him, after chasing him down.
http://www.freerepublic.com/focus/f-news/1591050/posts
I wondered about it until I saw the video - the cop definitely needs to be slammed.
Baloney.
"Get up!" followed by three shots in the back doesn't constitute malice?
I strongly hope the police officer receives the maximum punishement possible.
Looks like the LE machinery is closing ranks around this guy. Prosecuter says its a hard decision to charge a guy who shoots a cooperating suspect in cold blood, I really dont know what to say.
I was an attorney who used to defend civil cases against San Bernardino County deputy sheriffs and local police in the 70s and 80s. Never trust the media, even when there is a video.
I heard the story here, and I can't help but say, "Why the heck did the cop do that?" Until the cop has said his story, give him a break for now. The media story is so strange, I can't believe it, and you shouldn't believe it either, until the cop's story is told.
If he is guilty, let him go to jail! But at least give him a chance to tell his side first.
Well, you could be right there. It seems just a bit too much...
It does. That's what I'm saying.
An attempted-murder charge was not filed because there was no finding of malice, Ramos said."
I think deliberatly shooting someone once, much less three times is malice.
That's what I was trying to say. I was saying 'Baloney' that there was no malice. I guess I wasn't clear enough.
I totally agree...IF the video got everything that is apparent to us.
But here's a little Red Herring - what if the cop had preceded the "Get up!" we all heard with the word "Don't" (which really would make more sense....police, in such situations, usually do not want the suspect on his feet).....that could throw a whole new scenario into the mix.
Please see my #14. It's the only halfway plausible reasoning that comes to my little mind.
It's possible he said the word "don't", but he definitely hollered the "Get up!" loud and several times. It sounded like he was losing it on the video. He has my prayers just for being in the situation.
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