Post by WaTcHeR on Sept 11, 2006 9:33:59 GMT -5
09.11.2006 - Prosecutors said Friday they won't press charges against a driver who fled from police in north St. Louis County in June and got shot by a Pine Lawn officer who later told investigators he fired by accident.
A county police report says Detwan McDonald, 33, of St. Louis, made a U-turn near a sobriety checkpoint in Beverly Hills on June 23, triggering a chase.
Pine Lawn police Capt. Ricky Collins, who had been in plainclothes, told county detectives he drew his pistol to identify himself as an officer as McDonald drove past him. Collins "stated it was an accidental discharge and he did not intend to shoot McDonald," according to the report.
Joel Schwartz, a lawyer for McDonald, said he was disappointed that Prosecuting Attorney Robert McCulloch's office did not charge Collins.
"Conflicting stories given from police in this incident indicate that (Collins) was less than forthcoming," Schwartz said.
A spokesman for McCulloch said he would not discuss the case beyond saying McDonald would not be charged.
According to the report, Collins told detectives he saw McDonald's SUV jump a curb to avoid police cars and drive toward him. He said he drew his weapon and began to back away when he "stumbled" and fell, causing the gun to discharge as it fell from his hand.
In an interview Friday, Collins said he had feared for his life as McDonald drove toward him, and fell while trying to move out of the way. "We put our life on the line every day," Collins said. "We try to protect citizens with the best training provided to us."
But another officer, and McDonald, described the scene differently to county police.
Velda City Officer De'Marco Culberson told investigators he saw Collins standing at the rear of his car, using both hands to point his gun at McDonald's vehicle. Collins put the gun back into his holster after McDonald passed, said Culberson, who also said he never saw Collins fall.
Pine Lawn Officer Brian Williams said Collins had put himself in the way of McDonald's SUV. Williams told detectives that Collins parked and ran up a hill, putting himself "on an interception course with McDonald's vehicle, and that his handgun fired as he started to fall.
McDonald told police he saw a man in plainclothes aim a gun at him in a "police stance," according to the report.
A bullet shattered his window and went through his forearm, McDonald told investigators, causing him to crash into a parked car. He has since recovered from the wound.
McDonald told detectives he made the U-turn thinking the police he saw ahead had blocked the street for an accident.
Schwartz said McDonald had not been drinking. "My client had nothing illegal in the car," the lawyer added. He did not address why McDonald would not stop for pursuing police.
A county police report says Detwan McDonald, 33, of St. Louis, made a U-turn near a sobriety checkpoint in Beverly Hills on June 23, triggering a chase.
Pine Lawn police Capt. Ricky Collins, who had been in plainclothes, told county detectives he drew his pistol to identify himself as an officer as McDonald drove past him. Collins "stated it was an accidental discharge and he did not intend to shoot McDonald," according to the report.
Joel Schwartz, a lawyer for McDonald, said he was disappointed that Prosecuting Attorney Robert McCulloch's office did not charge Collins.
"Conflicting stories given from police in this incident indicate that (Collins) was less than forthcoming," Schwartz said.
A spokesman for McCulloch said he would not discuss the case beyond saying McDonald would not be charged.
According to the report, Collins told detectives he saw McDonald's SUV jump a curb to avoid police cars and drive toward him. He said he drew his weapon and began to back away when he "stumbled" and fell, causing the gun to discharge as it fell from his hand.
In an interview Friday, Collins said he had feared for his life as McDonald drove toward him, and fell while trying to move out of the way. "We put our life on the line every day," Collins said. "We try to protect citizens with the best training provided to us."
But another officer, and McDonald, described the scene differently to county police.
Velda City Officer De'Marco Culberson told investigators he saw Collins standing at the rear of his car, using both hands to point his gun at McDonald's vehicle. Collins put the gun back into his holster after McDonald passed, said Culberson, who also said he never saw Collins fall.
Pine Lawn Officer Brian Williams said Collins had put himself in the way of McDonald's SUV. Williams told detectives that Collins parked and ran up a hill, putting himself "on an interception course with McDonald's vehicle, and that his handgun fired as he started to fall.
McDonald told police he saw a man in plainclothes aim a gun at him in a "police stance," according to the report.
A bullet shattered his window and went through his forearm, McDonald told investigators, causing him to crash into a parked car. He has since recovered from the wound.
McDonald told detectives he made the U-turn thinking the police he saw ahead had blocked the street for an accident.
Schwartz said McDonald had not been drinking. "My client had nothing illegal in the car," the lawyer added. He did not address why McDonald would not stop for pursuing police.