INTEROFFICE MEMORANDUM. Fatal gunshot wound to chest. January 21, 2002 at approximately 6:23 P.M. .9 Millimeter Baretta semi-automatic pistol

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1 OFFICE OF THE STATE ATTORNEY ELEVENTH JUDICIAL CIRCUIT KATHERINE FERNANDEZ RUNDLE STATE ATTORNEY INTEROFFICE MEMORANDUM TO: STAFFING/REVIEW TEAM DATE: January 22, 2003 FROM: Sandra Miller & Susan Dechovitz TITLE OF WHO MEMO FROM RE: POLICE SHOOTING CLOSEOUT MEMO Case # 62/02/01/31/004 SUBJECT:, MDPD, ID # , RID Unit #142 VICTIM(S):, B/M/20, D.O.B. 01/08/82 INJURIES: Fatal gunshot wound to chest DATE & TIME: January 21, 2002 at approximately 6:23 P.M. LOCATION: NW 64 th Street & West of NW 22 nd Avenue, Miami, Florida WEAPON:.9 Millimeter Baretta semi-automatic pistol LEAD:, MDPD, ID # CASE #: SAO CASE #: 62/02/01/31/ F:\Website\Press Release\Macklin Memo.Doc m Please Recycle

2 INTRODUCTION This memorandum contains the results of the State Attorneys Office s investigation into the shooting death of Eddie Lee Macklin by Miami-Dade Police Officer James Anthony Johns. After a lengthy investigation and review of the applicable statutes, criminal charges cannot be sustained in this case. Officer Johns, under Florida law, was justified in using the force he did. FACTUAL SUMMARY Based on our review of the evidence which follows and our evaluation of the physical evidence and witness statements, we submit the following factual summary as our best account of what transpired regarding this shooting. Some of the witnesses provided testimony that is totally contradictory to some of our conclusions herein; however, many of those statements are also totally inconsistent with the physical evidence. We do not attribute those statements to any bad motive. We simply feel that all of the witnesses tried to recount their observations of a very frightening and emotional incident. They viewed the shooting from different vantage points and in some instances witnesses made assumptions about what happened when events moved out of their view. Wherever possible, we have tried to clearly identify those major witness contradictions in this report. On January 21 st, 2002, at approximately 6:23 P.M., Eddie Lee Macklin, was shot once in the chest by Officer James Johns of the Miami-Dade Police Department. He died as a result of the gunshot wound. It was the Martin Luther King holiday. The annual parade celebrating the life of Martin Luther King, Jr. took place on that day from approximately 10 A.M. to 2 P.M. The parade brought out thousands of celebrants, as it does ever year. The parade route ran primarily along Northwest 62 nd Street, which was blocked off during the parade, and for several hours after the parade. Traffic was also blocked from crossing Northwest 62 nd Street along the parade route. While this allowed the parade to progress, it also had the effect of backing up traffic at the avenues. Traffic was basically at a standstill at busy avenues, such as Northwest 22 nd Avenue. The shooting took place near the intersection of Northwest 22 nd Avenue and 64 th Street. Due to previous crime and crowd control problems at the Martin Luther King Day parades, the Miami- Dade Police Department assigned the Robbery Intervention Detail (also known as RID) to patrol the parade and surrounding area, in addition to the normal units assigned to the area. The last time that a shooting occurred during the Martin Luther King celebration was in At that time, a stray bullet fired during an altercation at the Scott Homes Public Housing Complex killed five year-old Rickia Issac. In 1998 RID was assigned to patrol the parade and surrounding area for the first time. RID continued to patrol the Martin Luther King Day Festivities in 1999, 2000, 2001 and Immediately prior to the January 21 st, 2002 shooting, RID Officer David Riley, was on Northwest 22 nd Avenue and 64 th Street. Traffic in that area was basically at a standstill due to the proximity to Northwest 62 nd Street and the road blockage. While in the area, Officer Riley ran the tag of a nearby car and discovered it had been stolen in Palm Beach County. Officer Riley radioed his fellow officers for assistance since stolen cars are often used in the commission of serious crimes and robberies. Several RID Officers responded to the area, including Officer James Johns, the shooting officer in this incident. A decision was made to stop the stolen car. The discussions on the radio that led to that decision were on a frequency that was not recorded at that time. Therefore, we do not have the benefit of a recording reflecting the discussion and decision-making process relevant here. The police involved had verified the information that the car was stolen. This is undisputed. Under normal circumstances, this would clearly be a basis for pulling these individuals over. However, perhaps consideration should have been given to the fact that there were thousands of people in the area, including innumerable children. Nevertheless, the officers had the legal right to proceed as they did. The officers waited for back up, and then surrounded the car. They were dressed in clothing that had the word Police clearly displayed. They announced repeatedly that they were police. This, too, is undisputed. The officers then demanded that the occupants of the car exit the vehicle. Mr. Macklin was the driver. The front passenger was Willie Jones. Keith Miller a/k/a Patrick Fountain was seated behind the driver, and John Smith was in the rear Page 2

3 passenger seat. The occupants of the car did not obey the officers commands. In fact, as reported by the occupants of the car, as well as other civilians and officers, Mr. Macklin attempted to flee. The occupants of the car stated that they told Mr. Macklin, to flee. All described Mr. Macklin as attempting to flee by turning the wheel of the car first one way, and then the other, and then accelerating into a turn onto Northwest 64 th Street. According to occupants in the car, witnesses outside of the car, and Officer Johns, prior to the turn, onto Northwest 64 th Street, Officer Johns had stepped up to the front passenger area of the car. When the car turned, Officer Johns was in the path of the car, and was about to be struck by the car. According to Officer Johns, in order for him to avoid taking the full impact of the car, he leaned over onto the car, allowing his arm to take the brunt of the impact. One of the civilian witnesses indicated that he heard a thump or thud as the car was turning the corner. Witnesses say that the car continued to accelerate, and Officer Johns ended up on the hood of the car. Some say he jumped on the hood of the car and some say that the car hit him. As the car continued to accelerate on Northwest 64 th Street, witnesses in the car say that Officer Johns screamed at Mr. Macklin to stop the car repeatedly; however, Mr. Macklin continued to accelerate the car. Officer Johns then shot once, directly into the windshield of the car. This bullet entered the right side of Mr. Macklin s chest at an angle consistent with Officer Johns' description of the events. (It should also be noted that a few civilian witnesses stated that an officer fired through the open driver s window at Mr. Macklin. This is inconsistent with the physical evidence. The evidence shows that there was a single gunshot hole in the windshield of the Lincoln. Additionally, there was soot from gunshot powder around the bullet hole). The car continued to travel on Northwest 64 th Street, crashing into two parked cars. One of these crashes caused Officer Johns to be thrown from the hood of the Lincoln onto the trunk of another vehicle. Officer Johns sustained minor injuries. The car eventually came to a halt on Northwest 64 th Street. All occupants of the Lincoln were removed from the car. Mr. Macklin died on the scene due to the gunshot wound to his chest. Crime scene units responded, took pictures, and collected evidence in connection with the investigation. SCENE AND PHYSICAL EVIDENCE On January 25, 2002, Miami Dade Police Department Criminalist Colleen L. Carbine was asked to examine the bullet hole in the windshield of the 1999 charcoal Lincoln, license #HYA889. It was concluded that due to the cratering effects, the path of the bullet entered from the outside of the windshield towards the inside of the car. Additionally, Miami Dade Police Department Criminalist Robert Hart examined the same Lincoln and concluded the following: 1) there was a bullet hole on the passenger side of the windshield; 2) visible chemical residues indicate a trajectory from outside in, from passenger toward the driver s side, and approximately horizontal; 3) the presence and density of these residues further suggest that the muzzle of the gun was within several inches of the windshield at the time of firing; and 4) chemical processing of the front windshield of the Lincoln revealed the presence of lead, a component of gunshot residue, on the outside of the windshield. Criminalist Hart also conducted an examination of the projectile fragments submitted in connection with this investigation. He found that the combined weight of the projectiles was 103 grains and that the average weight of the bullet used in the 9mm Federal Tactical cartridge is 135 grains. Officer Johns carried a 9mm caliber firearm. These findings further corroborate the statements of Officer Pierre, who was standing on the driver s side of the Lincoln at the time of the incident, and the witnesses in the car. They agree that Officer Johns was on the hood of the Lincoln when he fired into the windshield. Additionally, the findings indicate that the gun was fired into the windshield, and within inches of it. Furthermore, the combined weight of the projectile fragments indicates that only one bullet was fired, as stated by Officer Johns. Latent fingerprints lifted and collected from the right-front quarter panel and the hood of the Lincoln were examined and identified as the prints of Officer Johns. This evidence corroborates that Officer Johns was, in fact, on the hood of the car. Page 3

4 T. Gonzalez, Latent Examiner CRIME SCENE/CRIME LABORATORY SUMMARIES This examiner compared a latent lifted from the passenger door handle with the standards of Willie Jones and concluded that they match. Additionally, the examiner compared a latent lifted from the inside door handle of the left rear passenger side with the standards of Keith Miller a/k/a Patrick Fountain and concluded that they match. As previously stated, these individuals were passengers in the Lincoln driven by Mr. Macklin. Although it is undisputed that John Smith was also a passenger in the Lincoln, (including the fact that he states this in his own sworn statement) no latent matching Mr. Smith was obtained from the vehicle. Cosette Gomez, Criminalist Sample swabs were taken from the interior driver s area of the car. A representative sample was tested and revealed that the sample was blood, presumptive. Elaine C. Rodriguez, Criminalist 2 The following evidence was submitted to the laboratory for analysis on January 22, 2002: 1. One 9mm Beretta pistol, model 92FS, serial # VER333163Z 2. One magazine and fifteen cartridges 3. One spent projectile A 4. One black tank top 5. One spent projectile B 6. One fired 9mm casing M. The examiner made the following findings: 1. The submitted Beretta pistol was test fired and found to be in satisfactory operating condition. NOTE: This was the handgun used by Officer Johns. 2. Projectile A is a bullet fragment that may have been a part of projectile B. 3. Projectile B is a mutilated 9mm bullet. 4. Projectiles A & B were fired in the Beretta pistol submitted, serial # BER333163Z. 5. Casing M was fired in the Beretta pistol submitted, serial # BER333163Z. 6. The black tank top was returned to MDPD Property and Evidence Bureau without testing. Colleen L. Carbine, Criminalist 2 The following items were submitted to the Crime Laboratory, Trace Evidence Unit for analysis on January 22 nd and January 25 th, 2002: 1. Black Tank top (worn by Eddie Lee Macklin) 2. Glassine bag containing glass fragments from driver s seat of car 3. Glassine bag containing glass fragments from of top of dashboard 4. Pillbox containing glass from outside windshield 5. Pillbox containing glass from inside windshield. The black tank top was examined for the presence of glass and glass fragments were found on the item. The fragments were compared to standards submitted from the pillboxes and were found to be consistent in optical characteristics with the known standards. W. Watkins, Crime Scene Technician On January 24 th, 2002, Technician Watkins photographed Officer James Johns at MDPD Homicide Office. Page 4

5 MEDICAL EXAMINER SUMMARY Dr. Bruce Hyma Dr. Bruce Hyma of the Miami-Dade Medical Examiner Office responded to the scene on January 21 st, 2002, the day of the shooting, and later performed an autopsy on Mr. Macklin. His findings are as follows: 1) the victim had a gunshot wound situated in the right upper quadrant of the chest above the right nipple and beneath the right clavicle. It was an entrance wound. 2) The skin surrounding the wound was free of visible gunpowder stippling or soot. 3) The projectile perforated the right pectoralis muscle and the upper lobe of the right lung, entering the pericardial sac, and perforating the ascending arch of the aorta. 4) A deformed, partially jacketed, projectile was recovered from the right chest cavity. 5) The overall path of the gunshot wound with the body in the anatomic position was right to left, downward, and slightly front to back. 6) The cause of death was a gunshot wound to the chest. The Medical Examiner s Report and photographs have additional details. Dr. Hyma s findings corroborate Officer Johns statement that he shot once, while he was on the hood of the Lincoln. The path of the projectile, as determined by Dr. Hyma, is consistent with the position from which Officer Johns shot into the Lincoln, according to Officer Johns and other witnesses. Furthermore, the lack of stippling or soot on the body is consistent with Mr. Macklin having been shot through the windshield of the Lincoln. These findings are not consistent with those who claim that the shot was fired through the open driver s side window. WITNESS STATEMENTS OF PASSENGERS IN LINCOLN Keith Miller a/k/a Patrick Fountain Patrick Fountain was seated in the left rear passenger seat of the Lincoln. He gave a sworn statement on January 21, 2002, to Detective S. Brajdic, MDPD Homicide. He was not under arrest. He was advised of his rights per Miranda and executed a Miranda form, waiving his rights. According to his statement, earlier in the day, Mr. Fountain was at his house, which is located in Riviera Beach, Florida. He was with John Smith and Willie Jones. At approximately 11:00 A.M. or 12:00 P.M., Eddie Macklin arrived. Mr. Fountain had known Mr. Macklin since Mr. Fountain was 12 years old. Mr. Macklin arrived at the house in a Lincoln. Mr. Macklin told Mr. Fountain that he had paid three rocks or pieces of cocaine to use the car. The four of them left the house at approximately 1:00 P.M. to 2:00 P.M. They left in the Lincoln and drove to Miami to see the Martin Luther King Day Parade and to meet new females. Once in Miami, they drove around and did not exit the car. While there, they got stuck in bumper-to-bumper traffic. Mr. Macklin was driving, Mr. Jones was in the right front passenger seat; and Mr. Smith was in the right rear passenger seat. Mr. Fountain was looking out the left side window and observed police officers approaching and then surrounding the car. He does not know how many officers. He knew they were officers because they were wearing black shirts displaying the word, Police on the front and back of the shirts. Mr. Fountain heard the police officers say, Get out of the fucking car and get on the fucking ground. Their pistols were drawn. Mr. Fountain then stated, And we refused to stop the car. We were telling our boy, Eddie, to dip. Despite this, Mr. Macklin, according to Mr. Fountain, stopped the car. Mr. Fountain added that due to the traffic, they couldn t go anywhere anyway. Police and traffic surrounded them. Mr. Fountain then stated that Mr. Macklin had an expression on his face that Mr. Fountain described as, Oh, shit. Mr. Fountain stated that he told Mr. Macklin, To dip. Mr. Fountain stated that to dip, means to Leave, accelerate the gas. Page 5

6 Mr. Macklin, refused to get out the fucking car and made that right turn. He wasn t going fast because the cars were blocking them, Mr. Macklin was trying to go fast to get in between the cars. Mr. Fountain stated that one officer was trying to open the driver s door. Mr. Fountain described the facial expression of the officer as, Like, oh shit, he trying to run me over, and Like he real scared. Mr. Fountain is not sure if they ran over an officer. He then stated that they did not run over an officer and does not remember hearing an officer struck. He does remember a small white car on their right being struck and then hitting another car that he cannot describe. Mr. Fountain heard one gunshot after they made the turn. He stated that it could have been more than one and that it sounded like more than one. Mr. Fountain stated that, Yes. I told you, yes, the officer life he probably thought his life would have been in danger, yes and stated, Because Eddie accelerated the vehicle and I guess he thought he was going to hit him with the vehicle. Mr. Fountain stated that he was referring to the officer to the right side of the car. Mr. Fountain believed that both officers, the one trying to open the driver s door, and the officer to the right of the car, thought they were going to be run over. After the shooting and then hitting two cars, the Lincoln came to a halt. Officers then removed Mr. Fountain from the vehicle. Immediately prior to that, Mr. Fountain noticed that Mr. Macklin was unconscious and shaking. Mr. Fountain did not see the actual shooting. He stated that the reason he told Mr. Macklin to dip was, Being scared and foolish, I guess. Willie James Jones Willie James Jones is Eddie Macklin s younger brother. He was seated in the front passenger seat of the car at the time of this shooting. He gave a sworn statement to Det. C. Stroze, MDPD Homicide. On January 21, 2002, Mr. Jones drove with his brother Mr. Macklin, John Smith, and Patrick Fountain to Miami. They drove in a gray Lincoln. Mr. Jones stated that his brother had obtained the use of this car by purchasing the use for $30 to $40 worth of drugs. Mr. Macklin was the driver. Mr. Jones was seated in the passenger front seat. Mr. Smith was seated directly behind Mr. Jones. Mr. Fountain was seated behind the driver. They had traveled to Miami looking for the Goombay Festival. They were told that it wasn t going on then and were told about the Martin Luther King Day Parade. Mr. Jones is not familiar with the streets in Miami. He stated he was on a street near the parade and that there were a lot of people and cars on the street. The vehicle was facing south. The traffic was slow and they couldn t really move. As they were approaching Northwest 64 th or 65 th Street, Mr. Jones saw several police running, one with his gun out. He identified him as a police officer because of the writing on his shirt. Mr. Jones stated that he was almost sure he saw one or two more police officers. Mr. Jones stated that his brother (the driver), once he realized that the police were coming for them, tried to turn or did actually turn. At the time of the turn, they were right there on Northwest 64 th Street. Mr. Jones stated, They (the police) were everywhere, one officer had ran, like was in front of the car, but there was police everywhere. Mr. Jones estimated that there were seven or eight or close to ten officers there. Mr. Jones stated that his brother did not have a valid driver s license at that time. The following exchange took place between Det. Stroze and Mr. Jones: Page 6

7 Q. Did he (Mr. Macklin) have an opportunity to accelerate the vehicle for more than two to three miles per hour at this time? A. Yes, sir. Q. And why did he do that? A. I have no idea sir, he wanted to get away. Q. And were you or anyone else in this car telling him to get away from the police? A. I can t speak for nobody else, sir, and to be honest everything was happened so fast. I don t know what was said, if anyone did say anything. I don t know. Q. Was it your impression that your brother was trying to flee the scene? A. Yes, sir. Mr. Jones went on to state that the next thing that happened was that he saw the officer on the hood of the car. He assumed he jumped on the car. He stated that the officer was on the hood for a couple of seconds. The officer was telling Mr. Macklin to stop the car. The officer was pointing his firearm at Mr. Macklin. Mr. Jones assumed that the officer told Mr. Macklin to stop the car more than once. Mr. Jones stated that the officer got on the car after they had turned. He is almost positive that the car did not strike the officer. Mr. Jones stated that he believed that because when they turned, coming onto Northwest 64 th Street, he (the officer) wasn t in front of the car. He stated that he (the officer) came from Mr. Jones side (the passenger side) of the car. He added that it was just when he was coming around the corner. Mr. Jones stated he doesn t know how the officer got there. All the officers that had been surrounding the car had been telling them to stop the car. He had heard them say that from the time they were close enough to the vehicle for him to hear them. Right at the corner of Northwest 64 th, the corner of Northwest 64 th and 22 nd, that is when I was able to realize that he was coming for us. John Smith John Smith was in the rear passenger side seat of the car driven by Mr. Macklin. He is a resident of Riviera Beach, Florida. He gave a sworn statement to Det. C. Stroze, MDPD Homicide. At the time of this shooting, he had known Mr. Macklin for five to six years. He considered him a close friend. Mr. Smith stated that the first time he saw the gray Lincoln involved in this shooting was on the morning of the incident. Mr. Macklin was in possession of the vehicle and Mr. Smith did not know how that occurred. Mr. Smith did know that Mr. Macklin had, in the past, obtained use of vehicles by bartering with drugs. Mr. Smith stated that at the time of this shooting, Mr. Macklin was driving the car. The front passenger was Mr. Jones, Mr. Fountain was seated behind the driver, and Mr. Smith was in the rear passenger side seat. They drove to Miami to attend the parade. Mr. Smith stated that, while on Northwest 22 nd Avenue, the vehicle was traveling at ten miles per hour or walking speed, due to the traffic in the area. Mr. Smith observed two to three police officers coming toward their car. All the officers were wearing black and had their guns out. The word, Police, was written on their shirts. The officers ran up to the car, shouting, Get out. Get out. The occupants responded by saying to the driver, Go. Go. The driver started to panic and said, Oh, shit. Mr. Smith described the turn onto Northwest 64 th Street as, a panic-type turn. At the time of the turn, one officer was at the passenger front window and the Page 7

8 other was at the driver s side. The officer at the passenger window was tapping the window with his gun and telling them to get out. The window was closed. The vehicle was traveling at fifteen to twenty miles per hour at that time. Mr. Smith stated that the shooting officer, at the moment he fired, was standing in front of the car, but to the side, looking down into the passenger window. (This portion of his statement is inconsistent with Officer Johns and the other occupants of the car). Mr. Smith also stated that he believes the reason Mr. Macklin attempted to flee the scene was because he was scared. Officer Carlos Castillo (MDPD, ID # ) STATEMENTS OF OFFICERS Officer Carlos Castillo is a police officer with the Miami-Dade Police Department. He had been with the department for seven years at the time of the shooting. Officer Castillo is currently assigned to the Robbery Intervention Detail (RID). At the time of this shooting, he had been assigned to RID for approximately two months. Officer Castillo gave a sworn statement on January 21, 2002, to Detective R. Chavarry, MDPD Homicide. On January 21, 2002, Officer Castillo responded to 22 nd Avenue after hearing on the radio that another of the RID officers, Officer Riley, was behind an occupied stolen vehicle. The vehicle had been stolen from a different department. Officer Castillo heard Officer Riley, again over the radio, state that he was still behind the stolen vehicle and that the vehicle was behind a truck. Officer Castillo saw the truck and pulled into the center median/center lane. He observed Officers Johns and Pierre exit their vehicles. Officer Castillo then exited his vehicle and headed toward the box truck. Officer Castillo went in front of the truck. He did not see the stolen vehicle and stated that he knew it was behind the truck. When Officer Castillo got in front of the truck, he heard a pop. He heard people in the crowd yelling, Gun. He then got to the other side of the truck, heard tires screeching, and saw Officer Johns lying on his back on the trunk of a white vehicle. Officer Castillo ran westbound because he heard someone say the car had gone westbound. He then saw the dark blue vehicle in the middle of the street and ran up to the passenger side. He observed Officer Pierre on the driver s side. There were four people in the car. Three people in the car were taken into custody. Officer Castillo does not know who took them into custody. Officer Castillo did not take anyone into custody. Officer Pierre yelled to put the car in park. Officer Castillo then reached inside the car and put it in park. Officer Castillo did not fire his weapon. Officer Andy Giordani (MDPD ID # ) Officer Giordani is a police officer with the Miami-Dade Police Department. He had been with the department for six years at the time of the shooting, and he was assigned to the Robbery Intervention Detail (RID). He had been with RID for approximately three months. Officer Giordani gave a sworn statement on January 21, 2002, to Detective R. Chavarry, MDPD Homicide. On January 21, 2002, Officer Giordani was riding alone in a marked police unit. He heard Officer Riley, state on the radio, that he was behind a stolen vehicle going southbound on Northwest 22 nd Avenue, in the area of Northwest 65 th Street. The stolen vehicle was described as a Lincoln. Officer Giordani responded to the intersection of Northwest 64 th Street and 22 nd Avenue. Detective Riley then advised that the stolen vehicle was behind a truck and that Detective Riley was behind the stolen vehicle. Officer Giordani pulled up in the middle of the intersection. He then saw the stolen vehicle and Detective Riley. Officer Giordani and other detectives, Pierre and Johns, agreed that they would take the vehicle down right at that intersection where the vehicle was stopped in traffic. Page 8

9 Officer Giordani approached the vehicle on the driver s side. He had his gun drawn. He shouted, Metro-Dade Police. Let me see your hands. Officer Giordani then observed the stolen vehicle accelerate at a high rate of speed and veer to the right, in the direction of Officer Johns. Officer Giordani then heard a shot and then saw Officer Johns on the hood of the stolen vehicle. He observed the vehicle continue westbound on Northwest 64 th Street. After that, Officer Giordani lost sight of Officer Johns. Officer Giordani chased the vehicle on foot. The vehicle struck two cars as it traveled westbound. The vehicle stopped shortly thereafter. Officer Giordani did not see who fired the shot. He did not hear anything immediately prior to the shot being fired. He did observe that the vehicle had struck Officer Johns. Officer Giordani ran up to the stolen vehicle. Again, he shouted, Metro-Dade Police. Let me see everybody s hands. He then opened the door and removed the front passenger from the car, handcuffed him, and took him into custody. He observed the driver of the vehicle in the front seat, not moving. Officer Giordani did not fire his weapon. Officer Marc Pierre-Louis (MDPD ID # ) Officer Pierre is a police officer with the Miami-Dade Police Department. He had been with the department for nine years at the time of the shooting, and was assigned to the Robbery Intervention Detail (RID) for approximately three months. He gave a sworn statement on January 21, 2002, to Det. R. Chavarry, MDPD Homicide. On January 21, 2002, Officer Pierre was riding with Officer James Johns in a white Buick Regal. Officer Pierre was driving. They responded to Northwest 22 nd Avenue and 64 th Street due to Detective Riley advising over the radio that he was behind a stolen vehicle traveling southbound on 22 nd Avenue. Detective Riley also had advised that the vehicle was stolen from West Palm Beach. The traffic was very heavy and there were people walking back and forth. The two officers could not travel any further by car and exited their vehicle. They went across the intersection. Officer Pierre heard over the radio that Officer Riley was behind the stolen vehicle, which was behind a truck. Officer Pierre observed these vehicles and Officer Riley s silver-blue Monte Carlo. Officer Pierre and Officer Johns approached the stolen vehicle. Officer Pierre observed that four people occupied it. Officer Riley had previously advised on the radio that there were four individuals in the stolen car. Officer Pierre approached the vehicle from the driver s side. Officer Riley went around and approached. As Officer Pierre approached, he drew his gun and identified himself as a police officer. Officer Johns went to the passenger side. Officer Pierre yelled, Police. Put your hands up. Officer Pierre then observed the driver of the vehicle turn his wheels to the right and accelerate toward Officer Johns. Officer Pierre then saw the vehicle strike Officer Johns. Officer Johns ended up lying across the hood of the vehicle. Officer Johns then fired one round at the vehicle and he was thrown onto another vehicle. The stolen vehicle continued westbound on Northwest 64 th Street and then came to an abrupt stop. Several people in the street had to jump out of the way of the vehicle. Several cars in the street were hit. Officer Pierre went to the driver of the vehicle and pulled him out of the car. He observed blood coming from underneath the right side of the driver s shirt. He then moved his shirt and saw the gunshot wound to the driver s chest. He advised that they needed Fire Rescue to respond to the scene. Officer Pierre stood by the victim and waited for Fire Rescue. Officer Pierre did not fire his weapon during this incident. Officer David Riley (MDPD ID # ) Officer Riley is a police officer with the Miami-Dade Police Department. He had been with the department for six years at the time of the shooting, and he had been assigned to the Robbery Intervention Detail Page 9

10 (RID) for approximately 10 months. He gave a sworn statement on January 21, 2002, to Det. R. Chavarry, MDPD Homicide. While in the area of Northwest 22 nd Avenue and 64 th Street, Officer Riley ran the tag on the computer in his vehicle. The car came back as stolen out of Palm Beach Shores. The car was a silver 1999 Lincoln Continental. Officer Riley was in a 2002 Monte Carlo. There were four people in the stolen vehicle. Once Officer Riley learned that the vehicle was stolen, he got on the radio and informed the other RID units. Officer Riley followed the car until the other units were in the area. There was heavy traffic and crowds due to the parade. Officer Riley ended up behind the stolen vehicle. Officer Riley and the other RID units attempted to take the vehicle down on Northwest 22 nd Avenue and 64 th Street. Officer Riley was focused on the driver s side of the vehicle. Somebody yelled, Police. The vehicle then took a right hand turn and attempted to flee northbound from Northwest 22 nd Avenue. Officer Riley then turned and started to run after the car. He heard a thump or stomp and several people yelling. People were jumping out of the way of the vehicle. Officer Riley got into his vehicle. Somebody yelled, Shots fired. Officer Riley attempted to go westbound on Northwest 64 th Street, but could not due to the heavy traffic. He exited his vehicle and ran to the rear of the stolen vehicle. He took the right-rear passenger into custody. Officer Riley did not see who fired the shot. He did not see the vehicle strike anyone, but heard the loud thump. Officer Riley did not fire his weapon. Officer James Johns SHOOTING OFFICER S STATEMENT Officer Johns is the shooting officer in this incident. He is a Miami-Dade Police Officer. Officer Johns had been with the department for nine years at the time of the shooting, and was assigned to the Robbery Intervention Detail (RID). He was assigned to the RID Unit six months prior to the shooting. He gave a sworn statement to lead detective John Parmenter on January 24, On January 21, 2002, the date of this shooting, Officer Johns was working the north end of the parade to curtail robberies in the area. Close to 6:00 P.M., Officer Johns heard a broadcast concerning a stolen car. Det. Riley was making the broadcast. The broadcast was made on headquarters frequency 3A. It is a channel used by tactical units where they talk back and forth. Det. Riley advised that it was a 22 taken on a 21 from West Palm Beach (a car stolen in a burglary in West Palm Beach). He also advised that there were four black males in the vehicle. The car was described as a Lincoln stuck in traffic behind an eighteen-wheeler on Northwest 65 th Street and 22 nd Avenue, traveling southbound. Officer Johns was already in a group with Officers Giordani, Castillo, and Pierre because they were on their way to get something to eat. Officer Johns was in the same vehicle as Officer Pierre. This vehicle was a white Buick Regal. Traffic on 22 nd Avenue was stopped in both directions. Officer Johns stopped in the middle lane of Northwest 22 nd Avenue and 64 th Street. There had been conversation over the radio between these officers, Officer Riley, and their sergeant. He (Officer Riley) was saying he was behind a vehicle giving his location and that our sergeant advised Don t take the vehicle down unless you have enough people with them. And we advised we were coming up to him. Officer Johns stated, Five people are enough to make a takedown. He first observed the eighteenwheeler. He then saw the Lincoln. The Lincoln was stationary. When he observed the Lincoln, there was no way Page 10

11 for it to move. Officer Johns exited his vehicle. He cut through some traffic, went to the rear of the eighteenwheeler, and went toward the passenger side of the Lincoln. At the time of the incident, Officer Johns was wearing black fatigue pants with a black shirt with the words POLICE and RID on it. The other officers were dressed in the same clothing. As he was approaching the vehicle, Officer Johns and the other officers were screaming, Stop. Police. Get out of the car. Officer Johns was heading toward the passenger side of the car. Initially, there was nowhere for the vehicle to go. Then the eighteen-wheeler pulled up. Officer Johns then observed the driver of the stolen vehicle turn the wheel and accelerate the car. He just floored it. At that point, there was approximately two feet between Officer Johns and the stolen car. Officer Johns stated that the front-right side of the car was aimed at him. As the car got to him, he braced for the impact. He remembered hitting the front of the car with his left elbow. He then came over the top of the car onto the hood. He slid up toward the windshield for approximately two feet and just cranked off a round at an angle. His gun was in his right hand. The right-front headlight was the area that struck him. Officer Johns was at an angle, pointing toward the driver. The driver was still accelerating. Officer Johns stated that he then made the decision to fire his weapon because he feared for his life. After he fired, the car continued to travel. The momentum threw Officer Johns onto the trunk of a parked vehicle. The stolen car continued to travel, striking other vehicles that were parked on the side of the road. The Lincoln stopped within Officer Johns sight. Officer Johns then regained his composure, ran back to the car, and grabbed the left-side passenger as he was attempting to get out of the car. He put that individual on the ground. This passenger was struggling and would not put his hands behind his back. He kept saying something about his cell phone. Officer Johns also heard his brother saying, You didn t have to kill him. He also heard him say that they had gotten the car from a crack head or something to that effect. Quiana Adams CIVILIAN WITNESS STATEMENTS Quiana Adams resides in southwest Miami Dade County. On January 21, 2002, she attended the Martin Luther King Day Parade and was in the area of Northwest 62 nd Street and 22 nd Avenue at the time of this shooting. She gave a sworn statement to Det. J. McColman, MDPD Homicide. At approximately 6:30 P.M., Ms. Adams was walking north on the west side of Northwest 22 nd Avenue near 64 th Street. Taniel Hanna and Sandra Robinson accompanied her. (This memo does not include a statement by Sandra Robinson since efforts made to obtain her testimony, including serving subpoenas at her residence, were unsuccessful.) While there, she observed police cars and heard sirens. She saw two officers exit a white unmarked car, which was parked at the median, and go to the west side of 22 nd Avenue. She then heard a shot. The officers she observed were wearing vests that had the word Police on them. One of the officers was wearing a black skully (head cap). At the time of the shooting, there was a large crowd in the intersection. Prior to the shot, she did not hear any yelling. She could not see who fired the shot. She could not see the vehicle the officers ran toward. She did not see any other officers. Other officers arrived after the shot. She did not see any cars move after the shot was fired. This portion of her statement is inconsistent with most (if not all) of the other witnesses. Taniel Hanna Taniel Hanna attended the Martin Luther King Day Parade on January 21, She gave a sworn statement to Det. J. Sanchez, MDPD Homicide. At approximately 6:20 P.M., Ms. Hanna was in the area of the Northwest corner of Northwest 22 nd Avenue and 64 th Street. She was in the company of Sandra Robinson and Quiana Adams. (As already indicated, this memo does not include a statement by Sandra Robinson since efforts made to obtain her testimony, Page 11

12 including serving subpoenas at her residence, were unsuccessful.) At that time, she observed an unmarked police vehicle approach the area. The vehicle stopped on Northwest 22 nd Avenue. Two officers were in the vehicle. Ms. Hanna described the driver as wearing a black shirt with white writing that said Police. She also stated that he was a wearing a black skully thing. He was white, medium built, and in his late 20 s to early 30 s. The other officer was also wearing the black shirt with the writing on it and was not wearing the skully thing. She was able to tell right away that they were police officers. They also had a dashboard police light flashing. The officers went up to a four-door, older model, medium-sized grayish car. The officer who had been driving went up to the driver s side of the car. The passenger officer went to the passenger side. Ms. Hanna observed three occupants in the car, two in the front, one in the back. Ms. Hanna then observed the officer at the driver s side put his head in the car. (No other witness corroborates this statement) He did not have his gun out at that time. After they had a conversation, the officer fired. Ms. Hanna stated that she didn t know if the car moved or not. She thinks the car did move. She added that the officer was trying to stop the guy. She did not look to see if the other officer (at the passenger side) had his gun out. She did not see any of the occupants of the car with a gun. Ms. Hanna stated that after the shot was fired, the crowd was very, very hostile. Ms. Hanna stated that the officer fired only once. She did not see whether the victim was struck. She stated that she saw the officer fire through the driver s door. The physical evidence (gunshot wound and bullet hole in the front windshield) wholly refutes Ms. Hanna s statement that the shot was fired through the driver s door or fired from the driver s side of the car. Clifford Brown Clifford Brown is a longshoreman for the Port of Miami. On January 21, 2002, he attended the Martin Luther King Day Parade. He gave a sworn statement to Assistant State Attorney Susan Leah Dechovitz. Mr. Brown was with his wife, Tiffany Brown, and other family members at a barbeque on Northwest 22 nd Avenue across from the shooting scene. (The statement reflects the streets as Northwest 54 th Street and 22 nd Avenue. However, it is apparent from the description of events that it should read 64 th Street) At approximately 6:00 or 7:00 P.M., Mr. Brown observed a uniformed police officer pull up in a marked Metro-Dade police car and jump out. There was a lot of slow-moving traffic at the time. The officer ran down and onto Northwest 64 th Street with his gun in his hand. The officer ran into the crowd and out of Mr. Brown s view. Mr. Brown then heard one gunshot. Mr. Brown then started running toward his car, away from the shooting. Mr. Brown did not see any other officers in uniform. He does not know if there were other plainclothed officers present. He did not observe the car or young men whom the police were pursuing. Tenisha Brown Tenisha Brown was 13 years old at the time of the shooting. On January 21, 2002, Ms. Brown attended the Martin Luther King Day parade with her father, Clifford Brown, and her stepmother, Tiffany Brown. She gave a sworn statement to Assistant State Attorney Susan Leah Dechovitz. At approximately 7:00 P.M., Ms. Brown was with her family at a barbeque across Northwest 22 nd Avenue, from the shooting scene. There was a lot of traffic on Northwest 22 nd Avenue. The traffic was standing still. There were also a lot of people moving around in the area. Ms. Brown did not observe any police officer shoot anyone. She did hear one gunshot. Upon hearing the shot, she started running. She did not see any police officers or police cars at that time. After the shooting, her parents pointed out a uniform officer and told her that that was the officer who shot the victim. Obviously this statement could not be true as Officer Johns was not in uniform at the time of the shooting. Page 12

13 Tiffany Brown Tiffany Brown was attending a barbeque across the street from the scene of this shooting. She gave a sworn statement to Assistant State Attorney Susan Leah Dechovitz. On January 21, 2002, at approximately 7:00 P.M., Ms. Brown observed a marked police car stop in the middle of 22 nd Avenue. A policeman wearing a uniform jumped out and ran down 54 th Street. There was a lot of traffic. It was stop and go. The officer had a gun in his hand. He had one arm outstretched. Ms. Brown stated that when the officer got to the location of the suspect, he put up both arms and shot the gun. (It should be noted that this observation is inconsistent with the physical evidence and statements made by witnesses on the scene.) Ms. Brown saw only one officer. She does not know if there were any plain clothed officers in the area. Ms. Brown stated that she heard two shots. Ms. Brown stated that the shot had to have come from that officer because he was the only officer there. When Ms. Brown heard the shots, she panicked and ran to look for her husband. She went across the street and saw the victim lying on the ground. Ms. Brown stated that she has no idea why the victim was shot. She heard the gunshots as the officer was running. She then added that the officer had stopped and then fired. Ms. Brown saw only one person in the victim s car. That person was in the driver s seat. After the shooting Ms. Brown did not see the officer who fired the shot, again. His police car was driven away by another officer. Ms. Brown s statement is inconsistent with much of the facts we know to be true, including the number of persons in the car at the time of the shooting (more than one), the number of officers on the scene (more than one), the officer who fired his weapon being in uniform (plainclothes RID officer) and the location from which the shot was fired (not from an officer standing with both hands holding onto a firearm). Shareka Jeffries Shareka Jeffries was attending the Martin Luther King Day Parade on January 21, She gave a sworn statement to Det. S. Parr, MDPD Homicide. Shortly after 6:00 P.M., Ms. Jeffries was attempting to engage in a phone conversation with her boyfriend. Due to the noise of the crowd, she went to her friend Tuwanna Seymour s car. The car was parked in the area of Northwest 22 nd Avenue and 64 th Street, more precisely, on the south side of Northwest 64 th Street near the intersection of 22 nd Avenue. Ms. Jeffries cousin, Teixeria Seymour, accompanied her to the car. While there, she observed an occupied white Ford Tempo parked in front of her. Ms. Jeffries saw a crowd running. She then heard two to three gunshots. (It should be noted that this observation is inconsistent with the physical evidence gathered from the scene and the statements of the witnesses in the vehicle driven by Eddie Lee Macklin.) She saw the sparkle of the gun. She saw the car coming, saw it hit one car, which caused that car to hit the white car. She saw the police. They had black shirts on, with the word, Police written on the back. She did not see who was doing the shooting. The police officers she saw all had their guns out. Ms. Jeffries observed the occupants of the white Ford Tempo leave the scene after the shooting. She does not know if they spoke to the police. Ms. Jeffries did not see the officer get hit with a car. Ms. Jeffries believes that one of the passengers of the car had a gun because she saw one on the roof of the car on the passenger side. No other witness observed a handgun in or around the Lincoln vehicle. T. Seymour T. Seymour attended the Martin Luther King Day Parade on the date of this shooting. She was 15 years old. She gave a sworn statement to Assistant State Attorney Susan Leah Dechovitz. Page 13

14 Ms. Seymour was in the company of her aunt, Tawana Seymour, and Shareka Jeffries. It was very noisy and crowded. Her aunt received a phone call and walked to her car so that she could hear. The car was parked on a side street (Northwest 64 th Street). The car was not parked on the corner. There were three cars closer to the corner. Ms. Seymour sat on the hood of their car while her aunt sat in the car, talking on the phone. The car windows were up. Ms. Seymour was facing toward the main street (Northwest 22 nd Avenue) At approximately 5:00 or 6:00 P.M., Ms. Seymour observed police running to the car saying, Freeze, freeze, police. The police were on the bigger street. They were running toward the car at which the shot was fired. The police were wearing all black. They had beards, mustaches, and were wearing skullies. They came from different directions. When the police came out of their cars, they had guns in their hands. The guns were pointed at the car. Ms. Seymour first saw the car on the big street and it was moving. The traffic was able to move freely on the street. The car stopped and then it made a quick turn onto the little street she was on. When the car started to turn, Ms. Seymour got off the hood of her car. She heard shots right as the car was turning. The officers were standing at the driver s side of the car. Ms. Seymour stated that there could have been officers at the passenger side of the car, but she didn t see them. Ms. Seymour did not see the shooting because by that time she was in her car. There was also a point that her back was turned while she got in the car. She did not see an officer on the hood of the car. She stated that could have happened while she had her back turned. After the car turned, it stopped, moved, stopped, and then came to a complete stop. She only heard and undetermined number of shots at the point the car was turning. The car hit some of the cars that were closer to the corner. Ms. Seymour stated that the occupants of the car were told to exit the car and did. The driver stayed in the car. Conswella McClain Conswella McClain attended the Martin Luther King Day parade. She gave a sworn statement to Det. S. Parr, MDPD Homicide. On January 21, 2002, Ms. McClain was in the company of Latreice Kempt, Hafeezah Ruffin, and Latoya Handsford. There were also two small children present. Ms. Ruffin wasn t feeling well and they started to walk home. They were walking northbound on the west side of Northwest 22 nd Avenue. When they reached Northwest 64 th Street and 22 nd Avenue, the boys in the car, specifically the driver, was trying to talk to one of the girls. Ms. Handsford was stopping to speak to them and the police arrived. There was bumper-to-bumper traffic. The police were wearing uniforms and had their guns out. The police were yelling, Get down. Freeze. Get down. Get the fuck out the car. They were pointing their guns at the car. Two officers were at the passenger side of the car. One was on the driver s side. There was one that was towards the driver s side front of the car. The occupants of the car did not obey the police commands. The officer on the driver s side tried to open the driver s side door. The driver of the car turned the car to go left. Then he stopped. Then he fixed the wheel to go back the other way. He did this because he couldn t get out. It was all jammed up. Ms. McClain then stated that the police officers got in front of the car and that was when the driver stepped on it (accelerated, put his foot on the gas, revved the engine). She then heard one gunshot. Ms. McClain stated that everyone then ran for safety because they were afraid there were going to be more shots fired. Ms. McClain saw the officer on the hood of the car. She does not know why he was on the hood of the car. She did not see an officer fire a gun. She did hear the gunshot. After the shot, she heard the car engine continue to run. The shot was fired when the car accelerated. She ran. She was in front of the first car that the accelerating car hit. She was struck by a car, but does not know which car hit her. She was hit in the lower left Page 14