The Officer-Involved Critical Incident Investigation Regarding Kwamae Jones January 5, 2020 State Attorney’s Office Fourth Judicial Circuit of Florida Duval County October 9, 2020 I. II. III. IV. V. Table of Contents THE STATE ATTORNEY’S ROLE IN OFFICER-INVOLVED CRITICAL INCIDENTS ........................... 1 THE NATIONAL CONTEXT OF OFFICER-INVOLVED CRITICAL INCIDENTS .................................. 1 THE PROCESS EMPLOYED BY THE STATE ATTORNEY’S OFFICE .................................................... 1 FLORIDA USE OF FORCE LAW ........................................................................................................ 1 THE FACTS OF THIS OFFICER-INVOLVED CRITICAL INCIDENT .................................................... 1 A. Overall Summary ................................................................................................................... 1 VI. EVIDENCE REVIEWED ..................................................................................................................... 2 VII. KEY WITNESSES........................................................................................................................ 3 VIII. LEGAL ANALYSIS ..................................................................................................................... 4 IX. CONCLUSION .................................................................................................................................. 6 Exhibit A: Officer Nicholas Lawson’s Written Statement Exhibit B: Transcript of Officer Nicholas Lawson’s Body-Worn Camera Footage I. THE STATE ATTORNEY’S ROLE IN OFFICER-INVOLVED CRITICAL INCIDENTS The State Attorney’s Office reviews investigations of officer-involved critical incidents. This review is independent of the actual investigation and is designed to treat officer-involved critical incidents with the serious, objective, and sovereign review necessary when any human life is taken. The purpose of the State Attorney’s Office review is to determine whether there exists any violation of criminal law. The procedures for how the SAO investigates and analyzes officer-involved critical incident matters can be found outlined here. II. THE NATIONAL CONTEXT OF OFFICER-INVOLVED CRITICAL INCIDENTS Current data and statistics regarding officer-involved critical incidents can be found here. III. THE PROCESS EMPLOYED BY THE STATE ATTORNEY’S OFFICE The Officer-Involved Critical Incident Policy and Procedure can be found here. IV. FLORIDA USE OF FORCE LAW A number of Florida statutes address the use of force generally and by law enforcement officers acting in the course and scope of their official duties specifically and can be found here. V. THE FACTS OF THIS OFFICER-INVOLVED CRITICAL INCIDENT A. Overall Summary On January 5, 2020, Jacksonville Sheriff’s Office Officer Nicholas Lawson (“Officer Lawson”) attempted to perform a traffic stop on a stolen car. The car fled at high speeds, hit another car and then ultimately crashed into a concrete pole of a pedestrian overpass. When Officer Lawson approached the suspect vehicle, the backseat passenger pointed a rifle at him. In fear for his life, Officer Lawson opened fire, wounding the backseat passenger who pointed the firearm at him and killing the front seat passenger, Kwame Jones. The details are as follows: On January 5, 2020, at 9:19 p.m., Officer Lawson attempted to perform a traffic stop on a stolen car for careless driving and taillight violations. Officer Lawson advised over the radio that he was in pursuit of a possibly impaired driver. After Officer Lawson turned on his emergency lights, the driver of the car sped off and turned off the Page 1 of 6 headlights. The driver fled, drove into oncoming traffic at a speed of 70 mph 1, ran a red light at Moncrief and 45th Street, struck another vehicle in the intersection, and crashed into a pedestrian overpass. When Officer Lawson arrived at the crash, he got out of his vehicle and commanded the occupants to exit the car. Officer Lawson described an “assault rifle-type firearm” pointed directly at him by the backseat passenger on the driver’s side. This passenger was Joseph Carter (“Carter”). Officer Lawson fired at Carter until the firearm was no longer pointed at him and Carter moved to the passenger side of the car. At the time of the shooting, the driver, Bobby Whitty (“Whitty”), had already fled from the car. Officer Lawson’s bullets struck Carter and the front seat passenger, Kwamae Jones (“Jones”), wounding Carter and killing Jones. Dr. Robert Pietak, Interim Chief Medical Examiner, performed an autopsy on Jones on January 6, 2020. At the time of his autopsy, Jones was 17 years old. Per the medical examiner’s findings, Jones suffered a single gunshot wound to the back. During a search of the car, an Extar EXP-556 .223 rifle with a pistol grip was located on the rear passenger floorboard. The firearm had been reported stolen several years prior. VI. EVIDENCE REVIEWED Assistant State Attorney Alan Mizrahi responded to the critical incident scene. At the time of the shooting, Officer Lawson was equipped with AXON body-worn camera (“BWC”). Jacksonville Sheriff’s Office (“JSO”) investigators reviewed Officer Lawson’s BWC footage and BWC footage from officers who responded to the scene after the shooting occurred. The BWC footage associated with this officer-involved critical incident can be viewed here. JSO crime scene detectives found, photographed, and collected seven 9mm casings from Officer Lawson’s gun. Crime scene detectives photographed and collected Officer Lawson’s gun as well as the Extar pistol found on the floorboard of the car driven by Whitty. JSO detectives also spoke with the people in the car that Whitty crashed into. They stated that their vehicle spun out of control upon impact. Neither the driver nor the passenger heard or witnessed the shooting. The “black box” data obtained from the car indicated that the speed at the time of the crash was approximately 70 miles per hour. 1 Page 2 of 6 In addition to photographing the entire secured scene, a crime scene detective took aerial photographs of the scene. A crime scene detective used a FARO S-D scanner to collect scene measurements for diagramming purposes. The evidence reviewed in this case included the following: • Scene attendance; • Review of scene photographs and diagrams; • Review of all investigatory reports and witness interviews; • Review of all available body-worn camera footage; • Review of the crash data retrieval records from the suspect vehicle; • Review of police communications and related calls; • Review of witness statements by: Joseph Carter, Bobby Whitty, & Officer Nicholas Lawson VII. KEY WITNESSES A. Joseph Carter Background, History, and Statement Carter had previously been adjudicated as a juvenile delinquent and had over 17 prior arrests. On September 25, 2018, Carter was documented as a member of a local gang known as “Young & Ruthless” or “Y & R.” He was wounded in this shooting but survived. Detective Joey Devereaux interviewed Carter, who was in the hospital during the interview. Carter confirmed that he was the backseat passenger, Whitty was the driver, and Jones was the front seat passenger. Carter acknowledged that Whitty fled from the police at a high rate of speed and crashed the car. Carter noticed the firearm in the back seat only after the crash occurred and the shooting began. Carter denied owning or possessing the gun. Carter believed the firearm slid under the front seat into the backseat. Carter claimed that officers removed him from the car and beat him. (The BWC footage unequivocally refutes the allegation that officers beat him.) Page 3 of 6 Carter has been charged with Possession of a Firearm by a Juvenile Delinquent and Aggravated Assault on a Law Enforcement Officer. B. Bobby Whitty’s Background, History, and Statement Whitty had previously been adjudicated as a juvenile delinquent and had over 16 prior arrests. Whitty—who was found hiding under the pedestrian overpass immediately after the shooting—claimed to have been walking down the street when the crash and shooting happened behind him. Whitty denied seeing anything and also denied knowing the occupants of the crashed car. But Whitty had airbag injuries to his face, his fingerprints were found on the car, and his DNA on the car’s airbag. Whitty has been charged with Aggravated Fleeing or Attempting to Elude a Law Enforcement Officer. C. Officer Nicholas Lawson’s Background, History, and Statement Officer Lawson began his career at JSO on May 1, 2017. This was his first officerinvolved critical incident. At the time of this shooting, Officer Lawson was equipped with BWC. The critical incident was captured, in part, on Officer Lawson’s BWC footage. Officer Lawson provided a written statement, attached as Exhibit A. Officer Lawson explained that he attempted to conduct a traffic stop on a car that was driving erratically. Officer Lawson activated the emergency lights on his patrol car. The car immediately increased its speed and continued driving recklessly in an attempt to flee. Officer Lawson notified headquarters that he was in pursuit of a possibly impaired driver. The car drove into oncoming traffic at a high rate of speed, ran a red light, and crashed into another vehicle at the intersection of Moncrief Road and West 45th Street. Officer Lawson got out of his patrol car and used it as cover. The fleeing car’s rear door was open. Officer Lawson loudly commanded the occupants to get out of the car, which they ignored. As Officer Lawson moved forward, Carter—seated in the rear driver’s seat—pointed an “assault rifle-type firearm” directly at him. In fear for his life, Officer Lawson aimed at Carter and fired until Carter moved toward the passenger side and was no longer in Officer Lawson’s line of sight. Immediately, Officer Lawson stated that “…one in the back had a rifle.” A transcript of Officer Lawson’s BWC footage is attached as Exhibit B. VIII. LEGAL ANALYSIS A. Deadly Use of Force Section 782.02, Florida Statutes, states, “The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her.” § 782.02, Fla. Stat. (2019). Similarly, Section 776.012, Florida Statutes, permits the use of deadly force when a person “reasonably believes that using or threatening to use such force is Page 4 of 6 necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.” 2 The question before us is whether Officer Lawson’s belief that lethal force was reasonable to defend himself from bodily harm or potential death. 3 To make this determination, we must consider “the circumstances by which [Officer Lawson was] surrounded at the time the force was used. The danger need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the circumstances would have believed that the danger could be avoided only through the use of that force.” Fla. Std. Jury Instr. (Crim.) 3.6(f) (2019). Officer Lawson’s shooting was justified. Whitty showed a wanton disregard for the lives and safety of others when he fled at a high rate of speed, drove against oncoming traffic, and crashed into another vehicle. Officer Lawson was acting within his lawful duties when he pursued the fleeing car. Immediately after the fleeing car crashed and Officer Lawson got out of his police car, Carter pointed rifle directly at Officer Lawson. Officer Lawson had a reasonable fear that his life was in imminent danger when Carter pointed the firearm at him. It was Carter’s decision to point a firearm directly at Officer Lawson that ultimately led to the death of Jones. The fact that Jones did not point a firearm at Officer Lawson does not change the analysis or conclusions about Officer Lawson’s actions. Under the theory of transferred intent, the unintended killing of Jones was justified under these circumstances, due to Carter’s decision to point the firearm directly at Officer Lawson. The Florida Supreme Court has explained that “[i]f the killing of the party intended to be killed would, under all the circumstances, have been excusable or justifiable homicide upon the theory of self-defense, then the unintended killing of a bystander, by a random shot fired in the proper and prudent exercise of such self-defense, is also excusable or justifiable.” Brown v. State, 84 Fla. 660, 94 So. 874 (Fla. 1922). Forcible felonies are “treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.” § 776.08, Fla. Stat. (2019). 3 These principles of justification apply to any case. Florida law, however, provides additional justification to law enforcement officers. Section 776.05, Florida Statutes, governs the use of force by law enforcement officers. Specifically, a law enforcement officer is justified in using any force: (1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest; (2) When necessarily committed in retaking felons who have escaped; or (3) When necessarily committed in arresting felons fleeing from justice. 2 Page 5 of 6 IX. CONCLUSION We have conducted a thorough review of the evidence in this matter. Based on this review, and our review of applicable Florida law, Officer Lawson was justified in shooting Carter. Because Officer Lawson was justified in shooting Carter, the unintended killing of Jones was also justified under the law. We will take no further action in this matter. Page 6 of 6 Exhibit A Statement of N. E. Lawson #78600 Please rely on the footage captured on body worn camera as it relates to my involvement in this case. I realize my camera failed to capture all of my interactions with the suspect vehicle and the suspect. I am voluntarily providing this statement to supplement my body worn camera footage. I observed a vehicle straddling the double-yellow lane divider lines on Edgewood Ave. The vehicle was partially in the oncoming lanes of traf?c, and several oncoming vehicles had to make sudden lane changes to avoid a collision with the listed vehicle. I also observed the vehicle had no taillights activated. I could not determine the number of occupants or a physical description of anyone inside the vehicle. I got behind the vehicle at the intersection of Edgewood Ave. and Moncrief Rd. Once behind the vehicle, I attempted to conduct a traf?c stop by activating the red and blue emergency lights on my fully marked I SO police vehicle as it turned left onto Moncrief Rd. The vehicle immediately increased its speed and began driving in an extremely reckless manner in an attempt to ?ee from me. The vehicle drove into opposing traf?c at a high rate of speed, displaying wanton disregard for the lives and safety of other drivers on the roadway. Due to the vehicle?s driving pattern, I advised HQ that I was pursuing a possible impaired driver. The vehicle continued to drive in the opposing lane of traf?c, as it ran the red light on Moncrief Rd. and W. 45th St. and struck another vehicle in the intersection. The vehicle came to a ?nal rest under the pedestrian bridge at Moncrief Rd. and W. 45th St. I stopped my patrol car behind the listed vehicle and immediately exited. I observed that the rear door of the vehicle was open. I moved toward the front of my vehicle in order to utilize the engine block area of my vehicle as cover. I gave the occupants of the vehicle a loud, clear verbal command to get out of the car. As I moved forward, I observed the suspect (who was seated in the rear driver?s seat of the vehicle) point what I immediately recognized as an assault rifle-type ?rearm directly at me. Fearing for my life. I took aim at the suspect with my issued ?rearm and began shooting. I immediately stopped ?ring when the suspect moved toward the passenger side of the vehicle out of my line of sight. I moved back behind my vehicle, utilizing it as cover and gave loud verbal commands. The occupants inside the vehicle repeatedly ignored my verbal commands and continued moving around within the vehicle. Once additional of?cers arrived on scene, the vehicle was subsequently cleared and aide was provided to the injured suspect. I had no further involvement in the case. Moaf?e N. g. Lawson #58600 Exhibit B 1 1 EXCERPT OF BODY WORN CAMERA 2 0 - 1:32 3 4 01:53PM (Unintelligible). 6 your fucking hands now. 7 Shots fired. 8 hands up. 10 11 01:54PM 01:56PM Shots fired. 5 9 01:54PM OFFICER LAWSON: Signal 34. Shots -- Shots fired. Shots fired. Signal 34. (Unintelligible) -- your fucking UNIDENTIFIED MALE VOICE: OFFICER LAWSON: (Unintelligible). Put your fucking hands up right now. 12 UNIDENTIFIED MALE VOICE: 13 OFFICER LAWSON: (Unintelligible). Don't fucking move. 14 fucking move. 15 -- put your hands on the fucking ceiling. 16 hands up. 17 Stop moving. Put your hands up. 19 UNIDENTIFIED VOICE: 21 22 23 24 25 Put your Stop fucking moving. Stop fucking moving now. UNIDENTIFIED MALE VOICE: think. Do not I said you move -- (Unintelligible) 18 20 Show He's hit. Hey, three in the car, I One in the back had a rifle. (End of excerpt.) He's hit.