SoCal sheriff's deputy cleared in videotaped shooting of airmanThe Associated Press
News FuzeArticle Launched:06/28/2007 02:12:57 PM PDTSAN BERNARDINO, Calif.—A San Bernardino County sheriff's deputy was acquitted of all charges Thursday in a videotaped shooting of an unarmed Iraq war veteran who was a passenger in a car that crashed after leading authorities on a high-speed chase.
Ivory J. Webb was found not guilty of attempted voluntary manslaughter and assault with a firearm for opening fire on Air Force Senior Airman Elio Carrion in an incident that was videotaped and broadcast around the world, said Susan Mickey, a district attorney's spokeswoman.
Webb, 46, who has since left the department, had faced up to 18 years in prison. He hugged his defense attorney and burst into tears after the verdict was read in San Bernardino County Superior Court.
"I'm ecstatic," Webb said. "I thank God first and foremost. I also want to thank the jurors."
Prosecutor R. Lewis Cope said he was disappointed, but nonetheless praised jurors who deliberated for several hours before reaching a verdict.
"I believe the evidence that was presented was sound and at all times we were very confident in this case, but the jury has decided and we respect that decision," he said.
Carrion, who has been on light duty at Barksdale Air Force Base in Louisiana, could not be reached for comment. His father said justice was not served.
"Where is the justice? Everybody saw what happened. We're in the United States, we're supposed to have justice over here," Heliodoro Carrion told KCAL-TV
Carrion, who was home on leave after serving in Iraq, was a passenger in a Corvette that was chased Jan. 29 last year by Webb at 100 mph before crashing into a wall in Chino, about 40 miles east of Los Angeles.
On the grainy, 40-second video clip shot in darkness by an area resident, Carrion can be heard swearing at Webb before the deputy tells him, "Get up! Get up!" Webb, who is shouting expletives himself, then shoots Carrion in the chest, left leg and left shoulder as the victim appears to be obeying the order.
Carrion was hospitalized for several days.
"In our eyes it was not proven beyond reasonable doubt that the officer was unreasonable," said juror Richard Day. "In our eyes he did everything reasonably that any officer would do in his position."
Another juror, Michael Thompson, said the video footage didn't tell the whole story.
"Somebody watches something on television, you can't assume it to be true," he said. "You can't assume it to be what's real."
Prosecutors said Carrion did not pose a threat to Webb, who they characterized as angry and not in control of the situation.
Defense attorneys said Carrion's hand was near his chest moments before he was shot—giving the former deputy the impression the airman was reaching for a weapon. Carrion testified during the trial he and the driver, Luis Escobedo, had been drinking at a barbecue in his honor after a six-month tour in Iraq. Webb did not take the stand during the four-week trial. Three witnesses testified for the defense, including a tactics expert who said the shooting was justified and an alcohol expert who testified about the victim's intoxication level.
