Sheriff to fire officer

[BridgeTroll]

Sheriff to fire Jacksonville officer who shot unarmed burglary suspect
By Matt GalnorStory updated at 7:11 AM on Saturday, Jul. 11, 2009


Jacksonville Sheriff John Rutherford started the process this week to fire an officer who shot an unarmed burglary suspect in the back.


Officer Ryan T. Fraser was notified of the decision this week and plans on fighting the decision, a union attorney said.


Rutherford deemed the October shooting “questionable” months ago. Unlike most other officers involved in shootings, Fraser has been on desk duty and not been sent back on the street since last fall's shooting.


Fraser shot Jerrick Hall, now 20, after Hall jumped out of a window and ran from an apparent burglary on the Westside. Hall was shot in the shoulder and hospitalized, but did not have life-threatening injuries.

Fraser said he was in fear for the life of fellow officer Daneen Rohde, whom Hall was running toward with his hands in his waistband.

Rutherford said Fraser's mistake was "unnacceptable."

"The error right there has to be zero," Rutherford said.

For more on this story, see jacksonville.com and Saturday's Times-Union.

http://www.jacksonville.com/news/metro/2009-07-10/story/sheriff_to_fire_jacksonville_officer_who_shot_unarmed_burglary_suspect

[BridgeTroll]

Sheriff Rutherford fires Officer Fraser over 2008 shooting
By Matt GalnorStory updated at 10:05 AM on Saturday, Jul. 11, 2009


Jacksonville Sheriff John Rutherford is firing a Jacksonville police officer who shot an unarmed burglary suspect from behind last fall.

Rutherford said Officer Ryan T. Fraser's decision was "unacceptable" and even though Fraser said he feared for the life of a fellow officer, he did not follow department policy.

"The error right there has to be zero," Rutherford said Friday afternoon.

Fraser is the third officer involved in a shooting Rutherford has moved to fire since he took office in 2003. The others, in 2003 and 2005, resigned instead.

Fraser plans to fight the decision, Fraternal Order of Police attorney Paul Daragjati said.

"In the violent world the police officers operate in, there will be error on rare occasion," Daragjati said. "To adopt a 'zero room for error' policy is not a realistic expectation."

Rutherford said he understands mistakes, but there can be no errors in judgment when using deadly force.

Rutherford deemed the October shooting "questionable" months ago. Unlike most other officers involved in shootings, Fraser has been on desk duty and has not been sent back on the street since the shooting.

Fraser and Officer Daneen Rohde were among three officers who responded to a burglary call on the Westside last fall. Fraser ran toward the back of the house and Rohde stayed in front.

Fraser shot Jerrick Hall, now 20, after Hall jumped out of a window and ran along the side of the Owen Avenue home. When Hall hit the ground from his jump, he rolled and kept his hands in his waistband.

Fraser yelled at Hall to stop, but he kept running. Fraser said he thought Hall had a gun and feared the suspect was a danger to Rohde, so he fired twice.

Hall was shot in the shoulder and hospitalized but did not have life-threatening injuries.

By the time Rohde saw Hall, he had already been shot. Rohde could see Hall did not have a gun, so she holstered her weapon and tackled Hall.

Police photos showed a ransacked house where Hall and other teens had been inside stripping copper wire, though Hall said they were just playing around in the house.

Prosecutors dropped the charges against Hall in January during the first weeks of State Attorney Angela Corey's term. Corey said in February she didn't know about the decision until contacted by the Times-Union. She ordered a second look into the case.

Hall's family has filed notice of intent to sue the city. His attorneys include former State Attorney Harry Shorstein, who was in office at the time of the incident and when charges were filed against Hall.

City attorneys have argued that Shorstein has a conflict of interest and, if suit is filed, will argue that it be thrown out.

Fraser appeared before the Sheriff's Office Response to Resistance review board in April and the panel of five high-ranking officers sent the case to internal affairs for a closer look.

Rutherford said Hall did not pose a threat to Fraser or Rohde leaving the sheriff with no option but to fire Fraser.

The shooting was one of 28 in 2008. There have been eight so far this year.

The decision on Fraser comes the month after Rutherford recommended a 20-day suspension for an officer who shot at a car driving away from him in front of an East Arlington school.

matt.galnor@jacksonville.com, (904) 359-4550

http://www.jacksonville.com/news/metro/2009-07-11/story/sheriff_rutherford_fires_officer_fraser_over_2008_shooting

[fsu813]

It's ridiculous that the cop was fired.

I'd rather him shoot the guy just in case, then not, be wrong, and take a couple shots himself.

[A-Finnius]

There is no way this cop should have been fired.  The suspect, Hall, was fleeing from an apparent crime scene.  It's not like he was simply walking down street.  If the suspect wasn't involved in illegal activities then why did he run from the cops?

Also why did they drop the charges against Hall?  The article says that police photos showed a ransacked house and evidence of copper being stripped out. 

And now the family is suing the city.  The whole thing is ridiculous.  It seems to me that if you don't want to get shot then don't be burglarizing houses and don't run from the cops. 

[A-Finnius]

well, I dont remember that vandalism or burglary carried a death penalty.

And I agree it shouldn't.  Teenagers do stupid things, but cops carry guns.  So until JSO becomes more active in utilizing non-lethal methods of disabling criminals (I.E. Tasers, Rubber bullets) you're going to take the chance of being shot if your involved in crimes such as burglary.   

[sheclown]

There is no way this cop should have been fired.  The suspect, Hall, was fleeing from an apparent crime scene.  It's not like he was simply walking down street.  If the suspect wasn't involved in illegal activities then why did he run from the cops?

Also why did they drop the charges against Hall?  The article says that police photos showed a ransacked house and evidence of copper being stripped out. 

And now the family is suing the city.  The whole thing is ridiculous.  It seems to me that if you don't want to get shot then don't be burglarizing houses and don't run from the cops. 

Would that have been the MIDDLE of the street?  That's pretty dangerous too.

[A-Finnius]

If it turned out that Hall was carrying a gun; would it had then been okay for the cop to fire his weapon?

[A-Finnius]

No I just believe that if Hall had been carrying a weapon, then this incident wouldn't have become an issue and the officer wouldn't have been fired. 

If a regular person had shot hall and not a police officer; like the resident of the burglarized home?  I don't have an issue with a person firing a weapon on an intruder.  I think people should have the right to protect themselves and their property.

I'm not a gun advocate either.  I like the idea of cops using non-lethal methods when persuing suspects.  Then we can eliminate a lot of these issues. 

We also need to take in consideration the standpoint of the officer.  They are in stressful situations everyday. I'm sure after a while that has to take a toll on a person. So I'm not sure we should penalize the cop for acting on his instincts in what he obviously thought was situation where his partner's life was endanger.

[civil42806]

Nah no tears here, don"t have a problem with the officer being fired, seems the cop was pretty amateur.  But home owner, nope no problems with him taking matters in his own hands.   Rule of thumb, don't want to get shot don"t rob and steal.

[Tripoli1711]

Looking trashy and dressing "thuggish" may potentially have consequences I had not imagined until now.  It is somewhat collateral, but I am going to take a leap of faith and guess that Hall was keeping with the idiotic fashion trend of wearing his shorts/pants down well below his hips.  Thus, when trying to run, he has to keep his hands down at his waist to keep his pants from falling down.  The waistline also happens to be where the majority of people house their handgun.  I really mean to make no analysis on the justification of the officer firing at him, and I may be wrong, but it strikes me that my hypothesis is probably correct.  Before the outrage begins, I obviously do not believe the penalty for dressing like an idiot is being shot..

[tufsu1]

If it turned out that Hall was carrying a gun; would it had then been okay for the cop to fire his weapon?

Nope...the use of deadly force is not just a last resort...but most police officers are taught to use it only when their life is in danger.

So, the only way shooting him would be acceptable was if the guy had drawn (or was preparing to draw) his gun on the cop...considering he was running away, this does not apply.

[BridgeTroll]

The article clearly says that the officer did not follow policy in the use of deadly force.  A reprimand would be fine for improperly filling out paperwork or something else.  You cannot make errors in judgement in the use of deadly force.  The public entrusts these officers with that responsibility and if policy is not followed and someone is killed or injured termination is justifiable.

Bottom line... He did not follow policy... according to Rutherford...

[fsu813]

the Cop said he feared for the other officer's well-being. good enough reason for me.

a robbery puts the victims's life in danger as well as the criminal - it's not a one way street.

[BridgeTroll]

Apparently... according to policy... fear is not a acceptable reason to shoot someone.  I happen to agree this time.

[tufsu1]

the Cop said he feared for the other officer's well-being. good enough reason for me.

that's called covering for a buddy.

One of the biggest problems police departments have is that many do ONLY internal investigations after shootings...it's not exactly a unbiased review.