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Florida deputy charged with killing man who had pellet gun
A Florida deputy has been indicted for manslaughter in the 2013 shooting death of Jermaine McBean, who was walking home with an unloaded pellet gun.
Peter Peraza, a Broward County sheriff's deputy who was given an award for bravery for the shooting while the case was investigated, surrendered Friday, prosecutors said. He faces up to 30 years in prison if convicted.
Peraza told investigators he fired because he feared for his life.
McBean, a 33-year-old computer engineer, was shot July 31, 2013, in front of his apartment building. But the grand jury only began hearing testimony in the case a week ago.
"It's a very sad day because nothing can replace their loss but they hope it's the first step toward finally achieving some measure of justice," David Schoen, a lawyer for McBean's family, told NBC News.
McBean didn’t point the pellet gun at officers before he was shot, according to a person who called police, NBC reported. A picture of McBean just after he was killed shows him wearing ear buds even though police insisted he didn’t have anything in his ears that would have prevented him from hearing police demands to drop the gun.
"There was not only a crime committed here but a complete cover-up conspiracy going up the chain of command," Schoen told NBC News.
McBean’s family has filed a federal wrongful death lawsuit against Peraza and Sheriff Scott Israel.
The FBI also is investigating whether McBean’s civil rights were violated, which could result in federal charges.
The case is the latest incident of a law-enforcement officer allegedly wielding unnecessary force against a black man. Other shooting deaths by police have sparked protests in cities across the country, including:
--Jamar Clark, 24, who was shot in the head Nov. 15 in Minneapolis.
--Tamir Rice, 12, who was shot outside a Cleveland recreation center while holding a fake gun.
--Laquan McDonald, 17, who was shot 16 times in Chicago on Oct. 20, 2014.
--Michael Brown, 18, who was shot Aug. 9, 2014, in Ferguson, Mo., as the suspect in a robbery.
--Eric Garner, a Staten Island man choked by police who suspected him of selling illegal cigarettes July 17, 2014.
http://www.usatoday.com/story/news/2015/12/11/florida-deputy-charged-killing-man-pellet-gun/77145912/
Peter Peraza, a Broward County sheriff's deputy who was given an award for bravery for the shooting while the case was investigated, surrendered Friday, prosecutors said. He faces up to 30 years in prison if convicted.
Peraza told investigators he fired because he feared for his life.
McBean, a 33-year-old computer engineer, was shot July 31, 2013, in front of his apartment building. But the grand jury only began hearing testimony in the case a week ago.
"It's a very sad day because nothing can replace their loss but they hope it's the first step toward finally achieving some measure of justice," David Schoen, a lawyer for McBean's family, told NBC News.
McBean didn’t point the pellet gun at officers before he was shot, according to a person who called police, NBC reported. A picture of McBean just after he was killed shows him wearing ear buds even though police insisted he didn’t have anything in his ears that would have prevented him from hearing police demands to drop the gun.
"There was not only a crime committed here but a complete cover-up conspiracy going up the chain of command," Schoen told NBC News.
McBean’s family has filed a federal wrongful death lawsuit against Peraza and Sheriff Scott Israel.
The FBI also is investigating whether McBean’s civil rights were violated, which could result in federal charges.
The case is the latest incident of a law-enforcement officer allegedly wielding unnecessary force against a black man. Other shooting deaths by police have sparked protests in cities across the country, including:
--Jamar Clark, 24, who was shot in the head Nov. 15 in Minneapolis.
--Tamir Rice, 12, who was shot outside a Cleveland recreation center while holding a fake gun.
--Laquan McDonald, 17, who was shot 16 times in Chicago on Oct. 20, 2014.
--Michael Brown, 18, who was shot Aug. 9, 2014, in Ferguson, Mo., as the suspect in a robbery.
--Eric Garner, a Staten Island man choked by police who suspected him of selling illegal cigarettes July 17, 2014.
http://www.usatoday.com/story/news/2015/12/11/florida-deputy-charged-killing-man-pellet-gun/77145912/
I've read the same thing that Proactive mentioned regarding legislation and proposal for Pellet and BB guns having bright red/orange barrel tip or stripe along barrel being made mandatory for all sales in the U.S. ~ they should make it so it's not removable.
If it can kill small creatures, it shouldn't be considered a toy. Maybe they need to come up with a few public safety announcements for parents and children about this.
If it can kill small creatures, it shouldn't be considered a toy. Maybe they need to come up with a few public safety announcements for parents and children about this.
1 Comments
Some toys already have the red or orange tip on the end of the barrel. They've been doing it for years, especially with those "air soft" guns.
You know what you call cops who sit around, witness events like this and do nothing? Accomplices.... these are dangerous times and cops better start stepping up and stopping their friends from this bull butter.
Yes, I see what you mean but sadly our culture glorifies guns and too many people aren't wise about how they transport them.
My husband owns a rifle which is kept separate from his bullets. He only brings out the gun to hunt, which is rarely.
My husband owns a rifle which is kept separate from his bullets. He only brings out the gun to hunt, which is rarely.
Thought I'd seen or read that legislation was being proposed to have these pellet and BB guns manufacturers have red on the end of the barrel for easier identification.
Living where I do and with the state laws that govern my gun rights,It's difficult for me to relate much that goes on in the real world re: guns. As I type I look around my house and see a .22cal pump rifle on my piano bench. I do know it's loaded with .22 shot shell for the red squirrels though (g).
Living where I do and with the state laws that govern my gun rights,It's difficult for me to relate much that goes on in the real world re: guns. As I type I look around my house and see a .22cal pump rifle on my piano bench. I do know it's loaded with .22 shot shell for the red squirrels though (g).
1 Comments
I read something that said manufacturers were being asked to not produce bbguns that resemble "assault rifles".
How to properly transport guns is something completely foreign to a lot of folks. I appreciate the fact that you do understand how to go about it.
**Edit: McBean could have very easily concealed his air rifle ~ not weapon~ in a duffle bag, or gear bag, but he didn't.
While McBean may not have broken any law, his extremely poor judgement put his life in jeopardy. Unfortunately, he was perceived as a possible threat to the public.
McBean was walking around with an air rifle (non-concealed) that looked very similar to a cartridge rifle, while wearing earbuds. Very Bad idea.
As an owner of guns, including airsoft guns; an owner should always be aware of how they will be perceived by law enforcement and the public, while carrying and transporting any gun. Whether you're walking, cycling, or driving with your air gun; you should always use the same method as you do w/any weapon; keep it unloaded and secured in a gun case, or preferably in a container that locks. This is where common sense and good judgement must always be used by the owner. McBean could have very easily concealed his weapon in a duffle bag, or a gear bag, but he didn't. That is how this incident could've been avoided.
Here is something that every owner should be extremely aware of: If the police see you walking around with an airsoft gun, they can assume that the gun is real and potentially dangerous.
Did McBean deserve to die? No, not in my opinion. I completely agree with McBean's brother, he could've been tackled, or tased instead of being shot and killed.
McBean was walking around with an air rifle (non-concealed) that looked very similar to a cartridge rifle, while wearing earbuds. Very Bad idea.
As an owner of guns, including airsoft guns; an owner should always be aware of how they will be perceived by law enforcement and the public, while carrying and transporting any gun. Whether you're walking, cycling, or driving with your air gun; you should always use the same method as you do w/any weapon; keep it unloaded and secured in a gun case, or preferably in a container that locks. This is where common sense and good judgement must always be used by the owner. McBean could have very easily concealed his weapon in a duffle bag, or a gear bag, but he didn't. That is how this incident could've been avoided.
Here is something that every owner should be extremely aware of: If the police see you walking around with an airsoft gun, they can assume that the gun is real and potentially dangerous.
Did McBean deserve to die? No, not in my opinion. I completely agree with McBean's brother, he could've been tackled, or tased instead of being shot and killed.
I agree that there is no need to make a pellet gun to look like an AR orAK, but without a good look with proper lighting, they all could pass for a rifle. I'm not implying that is the case here. After reading the testimony of so called witneses and seeing the evidence.from Ferguson,I'm going to wait untill all of the cards are on the table before I reach a conclusion.
I wonder what you mean by common sense could have saved the victims life. In fact I wonder why you suggest tasering as he was doing nothing wrong.
Other than not carrying the pellet gun at all, I don't see where anyone did anything wrong other than a cop seeing a guy with a pellet gun and shooting him. The gun wasn't pointed at the cop, and there was a coverup about the incident.
"One of the people who called 911 after seeing McBean walking down the street with the rifle told NBC News that he had the gun yoked across his shoulders and did not point it at officers before he was shot.
In addition, a photo of McBean just after he was killed showed him wearing ear buds — even though police insisted he didn't have anything in his ears that would have stopped him from hearing their demands to drop the rifle. "
I think it's about time laws were passed that toy or fake guns of any kind not be allowed to look like real guns, Paint them all bright colors, or something, but this has gone too far.
Other than not carrying the pellet gun at all, I don't see where anyone did anything wrong other than a cop seeing a guy with a pellet gun and shooting him. The gun wasn't pointed at the cop, and there was a coverup about the incident.
"One of the people who called 911 after seeing McBean walking down the street with the rifle told NBC News that he had the gun yoked across his shoulders and did not point it at officers before he was shot.
In addition, a photo of McBean just after he was killed showed him wearing ear buds — even though police insisted he didn't have anything in his ears that would have stopped him from hearing their demands to drop the rifle. "
I think it's about time laws were passed that toy or fake guns of any kind not be allowed to look like real guns, Paint them all bright colors, or something, but this has gone too far.
This could have been avoided.
This is where a taser would've been best instead of lethal force to subdue the subject. Also, simple common sense on the victim's part could have saved his life. Hindsight...
This is where a taser would've been best instead of lethal force to subdue the subject. Also, simple common sense on the victim's part could have saved his life. Hindsight...
Yes, they always say they feared for their lives, even when the so called assailant has their back towards them is lying on the ground face down, etc, etc.
Police forces have to learn to behave as peace officers once again, before they will have the trust of the community.
The good news is finally some of these shoot first cops are being held responsible for the consequences of these horrific actions, as is happening in Chicago.
Police forces have to learn to behave as peace officers once again, before they will have the trust of the community.
The good news is finally some of these shoot first cops are being held responsible for the consequences of these horrific actions, as is happening in Chicago.
Florida Deputy Indicted for Killing Jermaine McBean
by Tracy Connor
A Florida deputy has been indicted for manslaughter in the shooting death of Jermaine McBean, who was killed while walking home with an unloaded pellet gun he had just bought a pawn shop.
Broward County Sheriff Peter Peraza — who was given a bravery award for the shooting by his bosses while it was still under investigation — surrendered early Friday, prosecutors said. He was suspended without pay and faces up to 30 years in prison if convicted.
The case is the first time since 1980 that a police officer in Broward County has been indicted for a fatal on-duty shooting.
"It's a very sad day because nothing can replace their loss but they hope it's the first step toward finally achieving some measure of justice," said David Schoen, a lawyer for McBean's family.
The grand jury began hearing testimony and evidence a week ago — more than two years after McBean, a 33-year-old computer engineer, was shot dead in the courtyard of his Broward County apartment building.
As NBC News has reported in a series of stories about the case, Schoen uncovered evidence that appeared to contradict some aspects of the police account of the shooting.
One of the people who called 911 after seeing McBean walking down the street with the rifle told NBC News that he had the gun yoked across his shoulders and did not point it at officers before he was shot.
In addition, a photo of McBean just after he was killed showed him wearing ear buds — even though police insisted he didn't have anything in his ears that would have stopped him from hearing their demands to drop the rifle.
In videotaped statements to investigators, Peraza said he fired because he feared for his life.
The sheriff's department gave bravery awards to two of the officers involved in the shooting — including the deputy who fired the fatal shots — while the incident was still under investigation. The sheriff later told NBC News that was a mistake.
"There was not only a crime committed here but a complete coverup conspiracy going up the chain of command," Schoen said.
"I think ultimately it was the lying and coverup and the giving of an award that was simply too much for grand jurors to overlook."
The Sheriff's Office also faces a civil suit from McBean's family that charges race was a factor in the shooting. The U.S. Justice Department has been monitoring the case for possible civil rights violations.
Broward Sheriff Scott Israel has denied any coverup. After the indictment, he said he respects the grand jury process.
"I truly believe every hardworking deputy and officer in our nation is committed and dedicated to the community they serve. This is why they put their lives on the line each and every day. They believe in justice and how our judicial system should work," he said in a statement.
"For everyone in this case — the McBean family, the Peraza family, the BSO family, everyone in our community — we want truth and justice to prevail."
http://www.nbcnews.com/news/us-news/florida-deputy-indicted-killing-jermaine-mcbean-n478171
by Tracy Connor
A Florida deputy has been indicted for manslaughter in the shooting death of Jermaine McBean, who was killed while walking home with an unloaded pellet gun he had just bought a pawn shop.
Broward County Sheriff Peter Peraza — who was given a bravery award for the shooting by his bosses while it was still under investigation — surrendered early Friday, prosecutors said. He was suspended without pay and faces up to 30 years in prison if convicted.
The case is the first time since 1980 that a police officer in Broward County has been indicted for a fatal on-duty shooting.
"It's a very sad day because nothing can replace their loss but they hope it's the first step toward finally achieving some measure of justice," said David Schoen, a lawyer for McBean's family.
The grand jury began hearing testimony and evidence a week ago — more than two years after McBean, a 33-year-old computer engineer, was shot dead in the courtyard of his Broward County apartment building.
As NBC News has reported in a series of stories about the case, Schoen uncovered evidence that appeared to contradict some aspects of the police account of the shooting.
One of the people who called 911 after seeing McBean walking down the street with the rifle told NBC News that he had the gun yoked across his shoulders and did not point it at officers before he was shot.
In addition, a photo of McBean just after he was killed showed him wearing ear buds — even though police insisted he didn't have anything in his ears that would have stopped him from hearing their demands to drop the rifle.
In videotaped statements to investigators, Peraza said he fired because he feared for his life.
The sheriff's department gave bravery awards to two of the officers involved in the shooting — including the deputy who fired the fatal shots — while the incident was still under investigation. The sheriff later told NBC News that was a mistake.
"There was not only a crime committed here but a complete coverup conspiracy going up the chain of command," Schoen said.
"I think ultimately it was the lying and coverup and the giving of an award that was simply too much for grand jurors to overlook."
The Sheriff's Office also faces a civil suit from McBean's family that charges race was a factor in the shooting. The U.S. Justice Department has been monitoring the case for possible civil rights violations.
Broward Sheriff Scott Israel has denied any coverup. After the indictment, he said he respects the grand jury process.
"I truly believe every hardworking deputy and officer in our nation is committed and dedicated to the community they serve. This is why they put their lives on the line each and every day. They believe in justice and how our judicial system should work," he said in a statement.
"For everyone in this case — the McBean family, the Peraza family, the BSO family, everyone in our community — we want truth and justice to prevail."
http://www.nbcnews.com/news/us-news/florida-deputy-indicted-killing-jermaine-mcbean-n478171
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