Investigators don't agree with his story about incident
Thursday, August 18, 2005
CAROL ROBINSON
News staff writer
A West End man shot by an off-duty Birmingham police officer last week said he's been wrongly portrayed as a violent intruder and said he is the victim.
Investigators disagree.
Jefferson County Sheriff's deputies said Wednesday that North Precinct Officer Jerry Kennedy was justified in the Aug. 11 shooting of Gregory Marcel Robinson and charged Robinson with first-degree burglary for breaking into the home of his ex-girlfriend, Tracy Nicole Hood. She lives there with Kennedy.
From his hospital bed Wednesday, Robinson, a convicted felon, denied allegations that he broke into the Center Point house, saying he was invited. He also disputed claims that he was armed with a knife.
"They're just acting like I'm an intruder that just came over there, a mad ex-boyfriend who went crazy and forced my way inside," Robinson said. "I wouldn't attack nobody with a knife who had a gun pointed at me."
Authorities said Robinson showed up at Kennedy's 613 26th Court NW home about 1 p.m. that day and tried to get in the front door. He then went to the garage door, which was partially open, pushed it up and got inside. Kennedy, Hood, and five children, ages 7 to 13, were in the home.
Sheriff's deputies said Robinson was looking for the officer, saying, "Where is he?" Kennedy had retreated to the bedroom and locked the door. He opened fire on Robinson when Robinson kicked in the door.
Robinson gave much the same account Wednesday, but said Hood knew he was on his way over to bring money that was owed on a car loan. He said they had dated or lived together since 1996 but separated last year shortly after he was released from federal prison, where he served time for a gun charge.
Robinson said he thought it was Hood's house, and didn't know she was in a relationship with Kennedy or that he was there, though he did say the two men knew each other.
He said Hood seemed nervous when he showed up at the house, so he asked her who was there and they argued. He said he noticed the bedroom door was locked and used his shoulder to force it open.
"I shoved it real hard and I kinda stumbled and fell into the room and all I seen was the guy standing at the bed with his pistol pointed at me," Robinson said. "I hear the shot go off, and pow, I realize I'm hit.
Kennedy called for help on his police radio saying he had shot an intruder in his home who was trying to attack him.
"He could have told me to leave the premises," Robinson said. "I don't care if I was boiling mad, if someone had a gun pointed at me, I would have left."
Robinson was shot once in the neck and remains hospitalized in fair condition.
His attorney, Charles Salvagio, said the charges aren't warranted and said investigators haven't even talked to Robinson to get his story. "He was not unlawfully in that dwelling. He was invited over and never asked to leave," Salvagio said. "Greg's a smart enough guy to know that if a guy points a gun at you, you back off."
Sheriff's spokesman Randy Christian said Robinson's account isn't true.
"It's an interesting story but the evidence won't support that," Christian said. "The evidence supports the fact that he forced his way into the house and forced his way into the bedroom.
"Officer Kennedy showed a great deal of restraint in trying to avoid the confrontation that Robinson seemed determined to have."
Original Article