TPD officers cleared in shooting
By Jennifer Jefferson
DEMOCRAT STAFF WRITER
Tallahassee police acted appropriately when they shot and killed 17-year-old John Hayes of Thomasville, Ga., according to the results of an internal investigation released Tuesday.
"They were justified in the force they used," police Spokesman John Newland said. "They followed policy and procedure."
The internal affairs investigation cleared the officers, Dan Copelin, Nick Roberts, Bob Todd and Steve Damm, of their last hurdle before returning to active duty. They will go back to uniform status Saturday. They all have received the mandatory counseling.
Hayes' family members are in shock, according to their attorney.
"We don't agree," said Joseph Weathers, attorney for the family. "They're really shocked and saddened that the officers are (being) given firearms and being put back on the streets."
John Hayes died early Nov. 26 in a parking lot on High Road after the four officers fired 15 shots at him because they said they feared he was reaching for a gun. The officers had responded to a report of gunfire coming from a dark-colored Chevrolet Caprice.
A Leon County grand jury found that the police acted appropriately last month.According to the internal affairs report, here is what happened:
At a felony traffic stop, the driver of a Caprice, Demetrius Ross, complied with the officers and confirmed that a firearm was inside the car.
Hayes, a front-seat passenger, opened his door before being told to do so, got out of the car and dropped face-down on the ground but ignored officers' demands to crawl away from the car.
Hayes kept repeating, "Sir, Sir, I'm saying Sir." The officers said they couldn't understand him.
Officers approached Hayes to subdue him, but he suddenly rose. They fired a Taser weapon at him twice and struck him in the leg with a baton but couldn't stop him from moving toward the car's open door. Hayes was wearing multiple shirts so the probes of the Taser did not make contact with the skin.
When Hayes dove into the front seat, the officers fired simultaneously. All officers, except Todd, who said he fired after he heard shots, said they were unaware someone else had fired their weapon, according to the internal affairs report.
Copelin fired nine shots with his pistol. Roberts fired four shots with a rifle. Todd fired once with his pistol. And Damm fired once with his shotgun. Hayes died almost instantly. Although the report states that officers fired 15 shots, it also states that bullets entered Hayes' body 23 times. He was was struck in the head, neck, back and buttocks.
The officers on scene warned Hayes his movements could lead to him being shot, according to the report.
"Officers may use deadly force only when they reasonably believe it is necessary to prevent great bodily harm to themselves or another person, or defend their life or the life of another person from an imminent threat," according to deadly force guidelines. Also, "when feasible, before discharging a firearm, officers shall identify themselves and the intent to shoot."
The officers felt threatened, and they shot at Hayes until they could stop the threat, Newland said.
Officers later found a 9mm semi-automatic pistol located under the driver's seat within Hayes' reach and a loaded .22-caliber handgun on the rear floorboard in a holster. A toxicology exam found marijuana in Hayes' system and a blood-alcohol level of .25.
"We are not discouraged by all these findings," Weathers said. The family will proceed with a civil suit against the city within 30 days, he said.
"The evidence will prove they have acted improperly," he said. "We are not going to let them get away with it."
...and, surprise, surprise, the civil suit has already been filed. For millions of dollars.