Ed. Note: Greg Prickett is former police officer and supervisor who went to law school, hung out a shingle, and now practices criminal defense and family law in Fort Worth, Texas. While he was a police officer, he was a police firearms instructor, and routinely taught armed tactics to other officers.
Back in the days of Fault Lines, in June of 2016, I wrote an article on the shooting death of Corey Jones. In the post, I predicted that former Palm Beach Gardens police officer Nouman Raja would be acquitted in the shooting. I’m happy to report that I was wrong. On March 7, 2019, a Florida jury convicted Raja of both manslaughter and attempted first-degree murder in the death of Jones.
Raja is the first Florida police officer to be convicted in an officer-involved shooting in the last 30 years.
The key evidence appeared to be the recording of the phone call from Jones to a tow-truck company, which showed that Raja was not being truthful lying about the shooting.
Prosecutors believe that Jones thought he was being robbed, and drew his gun as he tried to get away by running down an embankment. Jones was shot in the heart, and testimony showed that he would have dropped almost immediately. Jones’s unfired gun was found 125 feet away from his body.
There’s not a whole lot else I can say in this, other than to quote on of the family member of Jones:
“the sweetest sound was the click of those handcuffs [on Raja]…”
Raja will return for sentencing on April 26th. He faces a minimum of 25 years, and could face life in prison.
This was the correct result, and it was reached because of non-police evidence. By the same token, the Palm Beach Gardens police department and the local State Attorney, deserve credit too. The police department fired Raja within days of learning that his evidence was incorrect a lie. The local grand jury found the shooting was not justified. The State Attorney filed charges against him and pursued the case. And the trial jury convicted him.
And it should have convicted him. Scott Greenfield, my old “mean-ass editor,” summed it up in his post at the time.
We can reasonably surmise that Raja’s shooting Jones was motivated by the First Rule of Policing, since we have no basis to believe that Raja had any nefarious motivation. And we accept the premise that the First Rule has some merit, some level of acceptability, because we accept the premise that police officers face risks that others don’t, and are therefore entitled to be the first to fire in the fact of a perceived threat. Even the law imbues cops with magical powers to see indicia of threats that other eyes can’t see, which means they get to shoot and kill well before anyone else would think there is any threat.
This is where the message is never sent, that the First Rule is not a license to kill. That a cop’s life isn’t any more valuable, any more worth saving or protecting, than anyone else’s. A cop’s life is no less valuable, but no more. And yet we, as well as police and prosecutors, struggle to make sense of a cop killing someone needlessly, because we tacitly accept the premise of the First Rule just as much as cops do. We accept the fact that they get to shoot before a threat, real or imagined, because they are entitled to walk away, no matter what. Because they are cops.
We need to change the understanding of the police on the First Rule—not only should the police expect to go home, but citizens should have a right to expect that they will get to go home too. Police need to understand that citizens have the same right to live that officers do, and that when they deprive a citizen of that right, they will face the consequences.
This verdict is a good first step.
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When I saw news reports on this yesterday, I thought the verdict was strange, because the idiots reporting it wrote that the decedent had drawn his gun, and seemed to think the only issue was the officer’s possible failure to identify himself. Once somebody decides to include the other key facts, the strangeness goes away.
Feels good but at the same time its is a unicorn in our massively flawed system. All the things had to be just right to keep this from “We investigated ourselves and found we did nothing wrong” or this not even seeing the light of day.
Number one thing that went “right” is that Corey Jones was a beloved member of the community. During jury selection the PB Post reported that a number of the potential jurors knew or had ties to Corey, whereas no one had any ties to Raja. To be blunt, Raja shot the wrong black guy.
I don’t know that when this happens again, it will be so apparent that citizens have a right to go home, too.
And the cop wasn’t white, obviously, and “not well known” apparently.
Strange justice indeed.
Says this white guy.
Maybe Black Lives Matter will protest the outrage that the cop wasn’t white.
How does a jury conclude that defendant
– attempted a first-degree murder (verdict on attempt)
– did kill (verdict on manslaughter)
– did not commit first degree murder?
Was defendant not _charged_ with first degree murder? And if that is the case, the question just gets moved back to the prosecutor and grand jury: how could they conclude that the right charges are attempted first degree, and successful manslaughter, but not successful first degree?
Good questions. I can’t explain it. If there are any FL CDLs who can, it would be appreciated.
I’m about the furthest thing from a FL CDL imaginable, so you certainly weren’t asking me, but one of Prickett’s links (“Raja will return for sentencing on April 26th”), states:
>”Prosecutors charged Raja with manslaughter, saying his actions created the confrontation and showed “culpable negligence.” They charged him with attempted first-degree murder, saying that although they couldn’t prove beyond a reasonable doubt which of the six shots killed Jones, the second volley was a conscious effort to kill him as he fled.”
This seems to suggest that if Jones were killed by the first volley of shots, then Raja would not be guilty of first-degree murder despite having tried to murder him with the second.
Please trash this post (or don’t, as it suits you) if there’s nothing intelligent in it.
No clue if it’s sound or utter nonsense, but without a clue, I’ll leave it for someone more knowledgeable to say which.
I’m reminded of the law school hypo: What is the proper charge if the defendant shot someone, intending to kill them in their sleep, but it turns out they were already dead, but merely sleeping.
Attempted murder. Overt act with specific intent to kill, but the attempt was unsuccessful.
Well, bless his heart.