Crimes and Trials - Court TV
Rookie cop: I only shot, killed teen because he posed risk to others
Tue Apr 19, 5:08 PM ET Crimes and Trials - Court TV
By Chris O'Connell, Court TV
(Court TV) — Concerned community members packed a Palm Beach county courthouse Monday for a coroner's inquest into the shooting of a black teenager by a white rookie police officer at a high school dance.
Delray Beach police officer Darren Cogoni shot 16-year-old Jerrod Miller in the back of the head on Feb. 27 after the teen drove away from the officer outside the Saturday night dance at the Delray Beach Full Service Center, an alternative high school for troubled youth.
Miller was pronounced dead by medical personnel who arrived at the scene.
Hoping to defuse racial tensions in this community of opulent mansions by the sea and housing projects inland, Palm Beach County State Attorney Barry Kirscher held the inquest to make public the process of deciding whether Cogoni should be prosecuted for the shooting.
Palm Beach County Court Judge Debra Moses Stephens is presiding over the inquest and will recommend whether there is enough evidence to charge Cogoni for use of excessive force, though the final decision rests with the State Attorney.
The hearing is the first time that details surrounding Miller's death have been made public, and scores of observers spilled over into another courtroom outfitted with monitors to watch the proceedings.
'Bouncing off the walls'
In a sworn statement made just hours after he shot and killed Miller, Cogoni explained to Florida Department of Law Enforcement Special Officer Rick Caplona that he only fired because he thought lives were in danger.
Cogoni declined to appear in court Monday, but Assistant State Attorney Doug Fulton and Caplona read from the transcript of the statement.
After Miller sped away from him, Cogoni said he saw the Cadillac the teen was driving barrel down a covered breezeway meant for pedestrians.
"[The car] was bouncing off of walls bouncing off the poles," Cogoni said in the statement.
Cogoni said he chased the vehicle down the breezeway and saw people yelling and fleeing.
"I could hear screaming ... I really honestly believe at that point that there was a larger group of people about to be injured by that vehicle."
Cogoni said he drew his weapon and saw the "silhouette of a head" on the driver's side of the vehicle. He then "took aim and fired two to three shots," he told Caplona.
Courtroom observers shook heads in disgust and some became vocal at the description of the shooting.
Cogoni could not say for certain that he issued a verbal order for Miller to stop before he fired.
"I wish I could say for sure that I definitely heard myself say it, but I can't," he said.
He also reiterated that the only reason he fired was because he thought students were in the breezeway in danger of being hit.
"Had I not seen people in front the car at that point, I would not have fired," Cogoni said.
But testimony from Caplona and his partner, Kenneth Brotz, also a rookie officer, directly contradicted Cogoni's description of the events.
In a statement made to Caplona right after the shooting, Brotz said that while he was chasing Miller's car, he saw no one in danger of being struck by the vehicle.
Caplona, the lead investigator, also admitted that he has yet to turn up a witness who could corroborate Cogoni's claims.
"We at this time are unable to place anybody in the path of the car or in the breezeway," Caplona said.
The discrepancy is important because under Florida law, a police officer can only use force in apprehending a suspect if he believes there is an immediate danger to people in the vicinity.
On Tuesday, several school officials recounted the evening. Assistant principal Jerry McAdoo testified that he spoke with officers Brotz and Cogoni before the dance and that both appeared to be "laid-back and easygoing."
Several students also testified about the shooting, as well. Alonzo Robert Smith testified that he had just exited Miller's borrowed Cadillac when Cogoni approached the vehicle and asked for Miller's license.
When Cogoni appeared to move in a threatening way, it frightened Miller, Smith said.
"[Cogoni] stepped back as if he was going to reach for his gun, and when Jerrod saw that, he took off."
Miller had told Smith before the night of the shooting that he would react just in that manner if approached by a police officer.
"Jerrod was afraid of the police, and said he would run if they ever tried to pull him over," Smith said.
The inquest is expected to last until Thursday.
Court TV Extra is streaming the trial live.
Rookie cop: I only shot, killed teen because he posed risk to others
Tue Apr 19, 5:08 PM ET Crimes and Trials - Court TV
By Chris O'Connell, Court TV
(Court TV) — Concerned community members packed a Palm Beach county courthouse Monday for a coroner's inquest into the shooting of a black teenager by a white rookie police officer at a high school dance.
Delray Beach police officer Darren Cogoni shot 16-year-old Jerrod Miller in the back of the head on Feb. 27 after the teen drove away from the officer outside the Saturday night dance at the Delray Beach Full Service Center, an alternative high school for troubled youth.
Miller was pronounced dead by medical personnel who arrived at the scene.
Hoping to defuse racial tensions in this community of opulent mansions by the sea and housing projects inland, Palm Beach County State Attorney Barry Kirscher held the inquest to make public the process of deciding whether Cogoni should be prosecuted for the shooting.
Palm Beach County Court Judge Debra Moses Stephens is presiding over the inquest and will recommend whether there is enough evidence to charge Cogoni for use of excessive force, though the final decision rests with the State Attorney.
The hearing is the first time that details surrounding Miller's death have been made public, and scores of observers spilled over into another courtroom outfitted with monitors to watch the proceedings.
'Bouncing off the walls'
In a sworn statement made just hours after he shot and killed Miller, Cogoni explained to Florida Department of Law Enforcement Special Officer Rick Caplona that he only fired because he thought lives were in danger.
Cogoni declined to appear in court Monday, but Assistant State Attorney Doug Fulton and Caplona read from the transcript of the statement.
After Miller sped away from him, Cogoni said he saw the Cadillac the teen was driving barrel down a covered breezeway meant for pedestrians.
"[The car] was bouncing off of walls bouncing off the poles," Cogoni said in the statement.
Cogoni said he chased the vehicle down the breezeway and saw people yelling and fleeing.
"I could hear screaming ... I really honestly believe at that point that there was a larger group of people about to be injured by that vehicle."
Cogoni said he drew his weapon and saw the "silhouette of a head" on the driver's side of the vehicle. He then "took aim and fired two to three shots," he told Caplona.
Courtroom observers shook heads in disgust and some became vocal at the description of the shooting.
Cogoni could not say for certain that he issued a verbal order for Miller to stop before he fired.
"I wish I could say for sure that I definitely heard myself say it, but I can't," he said.
He also reiterated that the only reason he fired was because he thought students were in the breezeway in danger of being hit.
"Had I not seen people in front the car at that point, I would not have fired," Cogoni said.
But testimony from Caplona and his partner, Kenneth Brotz, also a rookie officer, directly contradicted Cogoni's description of the events.
In a statement made to Caplona right after the shooting, Brotz said that while he was chasing Miller's car, he saw no one in danger of being struck by the vehicle.
Caplona, the lead investigator, also admitted that he has yet to turn up a witness who could corroborate Cogoni's claims.
"We at this time are unable to place anybody in the path of the car or in the breezeway," Caplona said.
The discrepancy is important because under Florida law, a police officer can only use force in apprehending a suspect if he believes there is an immediate danger to people in the vicinity.
On Tuesday, several school officials recounted the evening. Assistant principal Jerry McAdoo testified that he spoke with officers Brotz and Cogoni before the dance and that both appeared to be "laid-back and easygoing."
Several students also testified about the shooting, as well. Alonzo Robert Smith testified that he had just exited Miller's borrowed Cadillac when Cogoni approached the vehicle and asked for Miller's license.
When Cogoni appeared to move in a threatening way, it frightened Miller, Smith said.
"[Cogoni] stepped back as if he was going to reach for his gun, and when Jerrod saw that, he took off."
Miller had told Smith before the night of the shooting that he would react just in that manner if approached by a police officer.
"Jerrod was afraid of the police, and said he would run if they ever tried to pull him over," Smith said.
The inquest is expected to last until Thursday.
Court TV Extra is streaming the trial live.
