- The Washington Times - Wednesday, November 16, 2016

Minnesota prosecutors have filed charges against the police officer who shot and killed Philando Castile during a July traffic stop, a case that gained national notoriety when the victim’s girlfriend live-streamed the aftermath of the shooting on social media.

During the stop, Castile told Officer Jeronimo Yanez that he had a firearm that he was licensed to carry. Castile was shot seconds later, apparently as the officer panicked when Castile reached for his driver’s license.

The fatal shooting sparked widespread protests over officers’ use of deadly force against black men, but also prompted criticism of the National Rifle Association for its failure to quickly condemn the killing of a black gun owner. The gun rights group waited two days to comment, saying “the reports from Minnesota are troubling” and declining to talk about the case until “all the facts are known.”



The NRA did not respond Wednesday to a request for comment.

Conversely, the Second Amendment Foundation issued a statement calling for an independent investigation of the shooting the day after it happened and expressed outrage that a legally armed private citizen “who may have done nothing more than reach for his identification and carry permit” was shot and killed.

“We called for a full investigation, and it appears that’s exactly what authorities in Minnesota did, resulting in Wednesday’s criminal charges,” foundation spokesman Dave Workman said Wednesday in an email. “Now it will be up to the court and a jury to determine whether this was a justified shooting.”

Ramsey County Attorney John Choi announced Wednesday that his office has charged Officer Yanez of the St. Anthony Police Department with one count of second-degree manslaughter in connection with Castile’s death and two counts of dangerous discharge of a firearm — charges that stem from the presence of Castile’s girlfriend, Diamond Reynolds, and her 4-year-old daughter inside the car.

During a news conference, Mr. Choi said Officer Yanez shot Castile seven times, adding the use of force “was not justified.”

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“No reasonable officer who knew, saw and heard what Officer Yanez did at the time would have used deadly force under these circumstances,” the prosecutor said.

The July 6 shooting occurred during a traffic stop conducted by Officer Yanez and a second officer who never drew or discharged his firearm. Officer Yanez thought Castile matched the description of a robbery suspect and pulled him over for driving with a broken taillight.

The 32-year-old elementary school cafeteria worker told the officer that he had a permit to carry a firearm and had his weapon on him. According to charging documents based in part on audio and video recordings taken at the scene, Officer Yanez told Castile not to reach for the gun, but the situation escalated in a matter of seconds.

“I’m not pulling it out,” Castile responded.

“Don’t pull it out,” Officer Yanez screamed seconds before firing seven shots into the car.

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Castile was struck several times. One bullet hit the car’s center console, and another went through the driver’s seat and struck the backseat near where Ms. Reynolds’ daughter sat.

Castile moaned and uttered his last words.

“I wasn’t reaching for it,” he said.

The video taken by Ms. Reynolds starts after the shooting and shows Castile slumped in the driver’s seat, his white T-shirt soaked with blood, as an officer outside the car continues to point a handgun at him. In the video, she says that Castile was reaching for his ID.

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“Philando Castile was not resisting or fleeing. He volunteered in good faith that he had a firearm, beyond what the law requires,” Mr. Choi said Wednesday, adding he does not believe Castile ever tried to remove the gun from his pants pocket.

The court documents released Wednesday include portions of an interview Officer Yanez had with investigators the following day. He described how Castile handed him proof of insurance and then told him he had a firearm. As he did so, Officer Yanez said Castile reached down between his right leg and the center console.

“And, at that point, I was scared and I was in fear for my life and my partner’s life,” Officer Yanez said. “I know he had an object and it was dark. And he was pulling it out with his right hand, and as he was pulling it out, I — a million things started going through my head. And I thought I was gonna die.”

An attorney for Officer Yanez could not be reached for comment Wednesday.

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Castile’s family held a news conference to express gratitude for the prosecutor’s decision and to ask for any demonstrations to be peaceful.

“We have gotten to this point, and it is necessary for everyone to understand we want peace. We don’t want any protests to get outrageous,” said Castile’s mother, Valerie Castile.

The family’s lawyer, Glenda Hatchett, called the case historic and said it’s the first time she’s aware of that a Minnesota law enforcement officer has been criminally charged in the fatal shooting of a citizen.

“We see this as a stake in the ground,” Ms. Hatchett said. “We are intending for this case to send a loud message that things must change in this country.”

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Prosecutors said Officer Yanez had not been arrested Wednesday but had made arrangements to turn himself into law enforcement. His first court appearance is set for Friday.

 

• Andrea Noble can be reached at anoble@washingtontimes.com.

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