Cop Fired After Shooting 23 Rounds At Vehicle In Parking Garage

So, do you think with all the recent publicity that cops will now be prosecuted when previously not?

Funny, Great Defense Strategy here: Johnston’s Defense attorney, David Bigney, told a judge during a hearing in February that the officer should have sovereign immunity (because) he’s a cop.
TV news video at link.

www.wftv.com...

An internal affairs investigators wrote in a report, "You fired a total of 23 rounds from your AR-15 during a time where the suspect did not pose an imminent threat of death or great bodily harm to you ... ." The investigation said Johnston did not exhaust every other reasonable means of apprehension before using deadly force. Johnston was supposed to be in court Friday but did not show up. A judge denied his attorneys' request to dismiss the charges. Johnston is scheduled to go to trial May 11.

www.wesh.com...

When officers caught up with Lattimore inside a downtown parking garage, he is accused of trying to run down an officer with his vehicle.

As Lattimore was fleeing, Officer David Johnston, who was on the first floor, retrieved his Bushmaster AR-15 rifle from his cruiser and approached a closed gate. When Lattimore's vehicle reached the first floor, Johnston started firing from 88 feet away behind a closed gate, the evidence says.

Several bullets hit Lattimore's vehicle, but he was not injured.

Johnston's termination letter said the suspect did not post an imminent threat.

Criminal proceedings against Johnston are ongoing. He is set to go to trial Monday.

www.ocalapost.com...

Video surveillance revealed that after Lattimore crashed, Johnston fired 23 rounds from his AR-15 into the vehicle. Investigators said that Officer Johnston could not see the suspect and had just assumed that he was armed.

“You fired 23 rounds from your AR-15 during a time where the suspect did not pose an imminent threat of death or great bodily harm to you or any individual in the immediate area, which is in violation of Florida Statutes 790.19 and 790.15(1),” the Internal Affairs report stated.

“Considering the fact that the gates were completely closed, the vehicle was disabled, and you could not see the suspect, your use of deadly force in this instance was not objectively reasonable.”

Johnston’s Defense attorney, David Bigney, told a judge during a hearing in February that the officer should have sovereign immunity (because) he’s a cop.

He said the officer should not be charged with a criminal offense or lose his job.

Assistant State Attorney Linda Drane Burdick said Bigney’s statements were “absurd.” Circuit Judge Wayne Wooten agreed.

Wooten said, “One unjustified shot, is one shot too many.”

The state attorney said a law enforcement officer does not have the right to assume someone is armed and fire into an occupied vehicle.

Johnston was with OPD for two years. He was terminated on May 1, 2015.

He was charged with Firing a Weapon into an Occupied Vehicle and Discharging a Weapon in Public. Lattimore was not struck by any of the bullets.

a reply to: infolurker

He should most likely be fired just based upon the fact he fired 23 rounds and never even hit the guy. Lucky he did not as he could be facing murder charges. I don't believe this case amounts to an officer being charged because of the other high profile cases just stupidity run amok, I think he would have been fired and charged regardless. The interesting equation in all of these cases is going to be, are they convicted of any crimes ?

So he fired 23 rounds at a vehícle from a stationary position and didn't hit the driver.

Was he terminated for being a públic danger or for a bad case of "Maggies drawers"..

originally posted by: DJMSN
a reply to: infolurker

He should most likely be fired just based upon the fact he fired 23 rounds and never even hit the guy.

Good observation.

I'm left wondering why this guy thought it appropriate to transition to the AR-15. I can see reasons for having it, but I see many many other options. Firing someone up with an AR-15 ... sheesh. If I did that ... 23 counts of attempted murder.

Thank heaven for incompetence in this case.
23 rounds and he didn't hit his target?
This clown should be laughed to the unemployment line at the very least.

originally posted by: skunkape23
Thank heaven for incompetence in this case.
23 rounds and he didn't hit his target?
This clown should be laughed to the unemployment line at the very least.

Yet, he'll probably be employed by another police agency in a different county...

They should give out RPGs to cops.
Or maybe even better some smaller attilery, because cops might need it.
And some airstrikes on emergency calls. Better be prepared, right? Right?

originally posted by: Snarl

originally posted by: DJMSN
a reply to: infolurker

He should most likely be fired just based upon the fact he fired 23 rounds and never even hit the guy.

Good observation.

I'm left wondering why this guy thought it appropriate to transition to the AR-15. I can see reasons for having it, but I see many many other options. Firing someone up with an AR-15 ... sheesh. If I did that ... 23 counts of attempted murder.

Well, honestly, at 88', the standard 9mm or .40 caliber is not going to do much to an oncoming vehicle. Not that I'm trying to justify his actions, but logically shooting at a car is more effective with the AR-15.

originally posted by: ManFromEurope
They should give out RPGs to cops.
Or maybe even better some smaller attilery, because cops might need it.
And some airstrikes on emergency calls. Better be prepared, right? Right?

That's actually a great idea. Imagine the payroll hours and paperwork it would save if they just dropped a couple of 2000 lb munitions on burglary calls.

a reply to: infolurker

That's just stupid
Why a cop wouldn't know better.

Johnston’s Defense attorney, David Bigney, told a judge during a hearing in February that the officer should have sovereign immunity (because) he’s a cop.

LoL,Smh,typical.And Pigs wonder why some run from them..I feel more comfortable around my local 1% MC,than the cop Gang..

originally posted by: Snarl

originally posted by: DJMSN
a reply to: infolurker

He should most likely be fired just based upon the fact he fired 23 rounds and never even hit the guy.

Good observation.

I'm left wondering why this guy thought it appropriate to transition to the AR-15. I can see reasons for having it, but I see many many other options. Firing someone up with an AR-15 ... sheesh. If I did that ... 23 counts of attempted murder.

Because this is your new officer friendly in action. (Deliberately without caps.)

People are now always onstage. They have been well conditioned. They have been prepared, they have been given their costumes, they are now dressed and ready to kill.

a reply to: infolurker

I'd like to know what kind of car it was. Talking about reliable transportation, it took 23 rounds of assault rifle to stop it. I thought only Batman's car could do that.

With all this bad cops around lately, this is a feature that people will consider more important than miles per gallon.

This story has a little something for the whole family.

Bad Cop, Bad Aim, Bad Reasoning, Bad Justification...

a reply to: Trueman

There was a UK tv program by James May of the UK top gear program and it had a section where they took some cars which had been converted to military usage (olive green paint job) and started firing at them, working their way up from a bolt action rifle to a full auto ak47 to a belt fed and finally a RPG or two, the best part was where the RPG went in and out through the windows and didn't go off and blow the car up

Also on top gear they took a car to the top of a block of flats being demolished and recovered it from the wreckage and managed to get it started with just reconnecting up a few cables etc and not requiring spare parts so its safe to say cars are tougher than they look and thats for european cars now the average American probably 5 ton jobby could be used near a nuclear test firing i bet and still be reasonably fine

originally posted by: SLAYER69
This story has a little something for the whole family.

Bad Cop, Bad Aim, Bad Reasoning, Bad Justification...

Don't forget 'Bad Defense Strategy'.

originally posted by: Volvo1st
a reply to: infolurker

That's just stupid
Why a cop wouldn't know better.

We would all like to see and understand how a police officer is vetted. What sort of things they look for, if at all, when doing a pre-employment profile. And how training may effect an officers mind set.

a reply to: infolurker

What a dumb cop. 1 for firing in the first place, 2 for getting off waaaaaaaaaay too many rounds....AND....the bad guy wasn't injured(missed?)!!!!!
That's one cop who shouldn't be one.....

MS
Licensed concealed Carry
Michigan

a reply to: Maxatoria
Actually it was a Toyota Hilux they put on the building.