The police officer who fatally shot the unarmed Marine outside a nightclub last year was sentenced today to 17 years in prison, with two years suspended. Officer Gahiji Tshamba was convicted last month of manslaughter.

There's still a potential lawsuit and unanswered questions about how Tshamba, who had a history of getting into trouble while drinking, had been allowed to continue on the force. The shooting outside the club was the culmination of an argument that started when the victim grabbed or patted the buttocks of a woman outside the Mount Vernon club.

A federal judge recently ruled that the victim's family can proceed with a lawsuit against the police department. The family is accusing the city of failing to control the officer, seen here being led out of the downtown courthouse during his trial. The photo was taken by The Sun's Barbara Haddock Taylor.

More stories on Tshamba:

Judge will review Tshamba's troubled past in deciding sentencing.

A look at the victim, Tyrone Brown, and his own past as an Iraqi war veteran.

Witness accounts of the shooting.

Posted by Peter Hermann at 9:29 AM | Permalink | Comments (2)
Categories: Downtown, Gahiji Tshamba, Police shootings
        

Baltimore Circuit Court Judge Edward R.K. Hargadon issued a detailed, written ruling explaining his decision to find city Officer Gahiji Tshamba guilty of manslaughter for shooting an unarmed Marine outside a Mount Vernon night club.

It's long, but well worth the read:

This case involves the death of Tyrone Brown on the morning of June 5, 2010. There is no dispute that the Defendant shot Mr. Brown 12 times and that the shooting was the cause of Mr. Brown’s death.

There is also no dispute that the Defendant and three female friends were at the rear door of the Red Maple at Eager & Morton Streets at around 1 AM. Mr. Brown, his sister, Ms. Kangalee and Ms. Dodge were walking south on Morton Street. Ms. Ramsay, one of the Defendant’s friends, was on the ramp outside the Red Maple, when Mr. Brown touched her inappropriately on the buttocks.

From this point forward, the versions of the various witnesses differ. The court has had to grapple with what are seemingly very divergent accounts of what happened. From this standpoint, it is important to determine which witnesses were credible. Credibility is determined not just by whether someone is literally lying, but also by whether the witness had a bias or motive not to be completely straightforward, whether intentionally or subconsciously, whether the witness was able to see or hear things about which they testified, does the witness have an interest in the outcome of the case, did the witness appear to be telling the truth, and what was the witness’ behavior on the stand and manner of testifying.

The rest of the ruling:

Continue reading "Judge explains decision in Tshamba manslaughter decision" »

Posted by Peter Hermann at 6:21 PM | Permalink | Comments (2)
Categories: Courts and the justice system, Gahiji Tshamba
        

Breaking news from Tricia Bishop:

After a six-day trial, a judge on Thursday found Baltimore Police Officer Gahiji Tshamba guilty of manslaughter in the shooting death last year of Tyrone Brown, a Marine veteran haunted by war.

[Read Tshamba's first public account of the shooting]

The attorneys wrapped up their arguments shortly before noon, and Baltimore Circuit Court Judge Edward R.K. Hargadon recessed for two hours to make his decision.

“The defendant overreacted and in fact exacerbated this whole tragic” set of event, said Baltimore Circuit Judge Edward R.K. Hargadon. Picture of Tshamba leaving the courthouse on Wednesday is by The Sun's Barbara Haddock Taylor.

More than 21 witnesses appeared over six days, offering varied accounts of what happened — or was likely to have happened — the morning of June 5, 2010, when Tshamba, who was off duty, shot Tyrone Brown a dozen times in a Mount Vernon alley way, as bars were letting out.

“What happened in that alley dealt with male ego, alcohol, women and a gun,” Assistant State’s Attorney Kevin Wiggins said during his final arguments Thursday morning. “Anywhere you put that, that’s a bad combination.”

Brown, 32, had been drinking, and he groped one of Tshamba’s female companions that morning, sometime after 1 a.m. — that was one of the few uncontested facts in the case. But what happened afterward was harder to gauge, as testimony of one witness frequently contradicted the testimony of another.

Prosecutors said Tshamba was power mad and angry, using his weapon to intimidate — and eventually kill — Brown, a much bigger man. While the defense claimed Brown charged the officer, who had to react with lethal force to save his life and that of others’.

Defense attorneys entered a nine-page selection from the victim’s military records into evidence Thursday morning that showed Brown had a history of violence.

The judge’s decision came down to credibility and which witnesses he believed. “The court rejects the defendant’s version of events,” Hargadon said.

Posted by Peter Hermann at 3:17 PM | Permalink | Comments (3)
Categories: Breaking news, Gahiji Tshamba, Police shootings
        

Those are the words of Gahiji Tshamba, the Baltimore police officer who shot an unarmed Marine a dozen times during a confrontation outside a Mount Vernon nightclub. The officer spoke for the first time during his murder trial.

He said he was being chased, backed into a corner and shot the man as he advaanced on him. An expert witness, a retired city cop who wrote the department's rules of force, testified on behalf of Tshamba, while the judge who is hearing the case without a jury questioned the officer's account.

Read the full story here. The incident started after the Marine, Tyrone Brown, grabbed the buttocks of a woman who was with Tshamba, who'se pictured at left coming out of the courthouse on Wednesday, in a photo by The Sun's Barbara Haddock Taylor.

The officer testified:

Continue reading ""I was scared, I was in fear" " »

Posted by Peter Hermann at 7:58 AM | Permalink | Comments (3)
Categories: Courts and the justice system, Downtown, Gahiji Tshamba, Police shootings
        

The Sun's Tricia Bishop reports:

Baltimore Police Officer Gahiji Tshamba, who’s on trial for murder, took the witness stand Wednesday before a packed courtroom and said he was in fear for his life the morning he shot a former marine a dozen times outside a Mt. Vernon night club.

“I was scared, I was in fear” Tshamba said. “This man was chasing me.”

His testimony, which took less than an hour, opened what’s expected to be the final day of trial in the shooting death of Tyrone Brown, a 32-year-old father of two, the early morning of June 5, 2010.

Once the defense finishes its case, only closing arguments are left. Then it will be up to the judge to decide who’s side is more credible; Tshamba elected a bench — rather than jury — trial.

More on Tshamba case.

More on this morning's testimony:

Continue reading "Tshamba takes stand in own defense at shooting trial" »

Posted by Peter Hermann at 1:59 PM | Permalink | Comments (0)
Categories: Gahiji Tshamba, Police shootings
        

The trial of the Baltimore police officer charged with fatally shooting an unarmed Marine continues today. Here is some new information from The Sun's court reporter, Tricia Bishop:

Chantay Kangalee complicated three days of work by prosecutors Tuesday morning when she took the stand as a reluctant witness for her brother’s killer, Baltimore police Officer Gahiji Tshamba, and testified to a scenario that contradicted the state’s carefully built murder case.

Kangalee, the first defense witness called, said Tshamba pulled a gun on her brother, Tyrone Brown, outside a back entrance to Mount Vernon’s Red Maple lounge in the early morning of June 5, 2010, confirming what’s been said in court so far. But she added that Brown pushed the off-duty officer and steadily advanced — hands out — toward Tshamba, who was backing up the entire time with his gun drawn.

The two men were about three feet apart when Tshamba, 37, fired, his back to an alleyway trash container, unloading his service weapon into Brown, who struggled to push the Glock away, Kangalee said.

Continue reading "Victim's sister helps defense in Tshamba case" »

Posted by Peter Hermann at 2:17 PM | Permalink | Comments (1)
Categories: Courts and the justice system, Gahiji Tshamba, North Baltimore
        

From The Sun's court reporter Tricia Bishop:

Twelve bullets from an off-duty officer's gun struck Tyrone Brown, but it wasn't until the last one hit that the former Marine dropped.

Seven of them lodged in his 32-year-old body — they were later recovered from his buttocks, back, thighs and pelvis — and three passed clean through, an autopsy shows. Two others grazed him, leaving behind superficial wounds. And one hit him twice, entering and exiting a pinch of skin near his right hip, then driving back into his soft tissue and coming to a rest in his right buttock.

That one, which left a trail of wounds, likely hit Brown while he was bent over, Assistant Medical Examiner Melissa Brassell testified Thursday — the second day of the murder trial of Brown's killer, Baltimore Police Officer Gahiji Tshamba.

Tshamba, 37, got into a row with Brown outside a Baltimore bar on the morning of June 5, 2010, and shot him a dozen times as patrons emptied from the Mount Vernon bars. The officer says it was in self-defense, but prosecutors say Tshamba was the aggressor, drunk with power and alcohol.

Read full details from Tricia's story. The photos by Tricia are of Tshamba right after he shot Brown, and of his gun and the bullets, all of which are now part of his court trial.

In case you missed it, here's a compelling story, also by Tricia, of the opening day in Tshamba's trial, with a riviting account by a witness who acted out the shooting.

Posted by Peter Hermann at 6:33 AM | Permalink | Comments (0)
Categories: Courts and the justice system, Gahiji Tshamba, Police shootings
        

The murder trial of Baltimore police officer Gahiji Tshamba, who unloaded his service weapon into a former Marine outside a Baltimore bar last year, began Tuesday morning with hearings to determine what evidence can be presented in court, The Sun's Tricia Bishop reports.

Lawyers for Tshamba, 37, claim their client shot Tyrone Brown a dozen times in self-defense and was following proper police procedure during the incident, which happened in the early morning hours of June 5, 2010, after a night of club hopping. But prosecutors say Tshamba was intoxicated, irrational and that he murdered an innocent man who served the country.

The two sides spent the morning arguing about what can be said to a jury or judge, dependent upon what kind of trial Tshamba elects, though they agreed on one thing: Each wants the fact-finders to take a field trip to the crime scene, outside a back entrance to Club Hippo in Mount Vernon, during the proceeding.

"You don't get the largess of the situation until you get to the crime scene," said Assistant State's Attorney Kevin Wiggins.

Wiggins said at least two officers are prepared to testify that Tshamba appeared to be under the influence of alcohol after the shooting, talking about "how hot the chicks were that were with him that night" while he was being transported to Mercy Medical Center.

Posted by Justin Fenton at 2:12 PM | Permalink | Comments (0)
Categories: Courts and the justice system, Gahiji Tshamba, Police shootings
        

Continue reading "Family of Marine shot by city officer sues for $270 million" »

Posted by Justin Fenton at 12:11 PM | Permalink | Comments (18)
Categories: Downtown, Gahiji Tshamba, Police shootings
        

State's Attorney Patricia C. Jessamy held a press conference today to announce the indictment of Officer Gahiji Tshamba, charged in the off-duty shooting of a man outside a Mount Vernon nightclub. Former Marine Tyrone Brown was hit 12 times out of the 13 rounds discharged from Tshamba's weapon. Press conferences to announce indictments, which are typically only a formality in the process (Tshamba was charged last month and has been held without bond since then), are rare. Then again, this is a high profile case, and prosecutors were publicly criticized by police for moving too slow to charge, and there is that business about an election in the fall.

The Sun's Tricia Bishop was there and will be updating this story throughout the afternoon. Click on the "Tshamba" tag below or on the right hand rail to read related coverage on this case.

Posted by Justin Fenton at 2:48 PM | Permalink | Comments (0)
Categories: Gahiji Tshamba, Police shootings
        

The city Fraternal Order of Police union is a step closer to covering the legal costs for Officer Gahiji A. Tshamba, charged with first-degree murder in the shooting death of Tyrone Brown. The FOP's Judicial Review Committee voted unanimously to recommend to the full board of directors that the union support Tshamba with legal coverage, president Robert F. Cherry told me in a text.

This is notable as there were rumblings that the union was leaning toward not helping him in that area. But it's common for the union to help officers in legal troubles with representation and fees (the union also recently voted to cover costs for three officers charged with abducting a teen and leaving him in Howard County with no shoes or cell phone). Many officers choose to go with the union's preferred counsel. Tshamba has two attorneys, Adam Sean Cohen (who referred to himself as "The Prodigy" on his firm's Facebook page) and James Rhodes, as of the last we heard.

Tshamba remains held without bond after turning himself in early Sunday. He has a preliminary hearing scheduled for July 13, though he will likely be indicted by a grand jury before then. 

Posted by Justin Fenton at 10:38 AM | Permalink | Comments (5)
Categories: Gahiji Tshamba, Police shootings
        

Marines in dress uniform came out on Wednesday to pay tribute to their fallen comrade, Tyrone Brown, who was shot a dozen times any off-duty Baltimore police officer on June 5. The officer, Gahiji A. Tshamba, has been charged with first-degree murder.

The photos here are by The Sun's Lloyd Fox. At left, mourners gaze into the casket. Below, Curtis Warren, a friend of Tyrone's, plays a musical selection.

The funeral services at Morgan State University was filled with sorrowful remembrances. Baltimore Sun reporter Jean Marbella (her full story here), wrote this:

Among those who spoke at his funeral, held in an auditorium at the Murphy Fine Arts Center on the Morgan State University campus, were friends from Mr. Brown's rough East Baltimore neighborhood and his Marine unit — with both groups noting wearily how often they found themselves at funerals for someone whose life was cut too short. "We came through a neighborhood, [if] you get to 32, 34 [years old], you don't die like this," said Taavon Stewart, a friend. "We graduated from this."

Jean ended her moving piece this way:

Soon, it would be time for his fellow Marines, some dressed in the same uniform that Mr. Brown was buried in, to assemble for a final march. His former boss, Gunnery Sgt. Ken Johnson, told the crowd that he'd made sure Brown's ribbons and buttons were straight and that his brass shone because he would't let him check into heaven looking bad — although, being a Marine, he used a more colorful term.

"Marines never die, we merely go to heaven and regroup," Sergeant Johnson said to appreciative chuckles. "I do believe God prepares a special place for Marines."

Posted by Peter Hermann at 7:18 AM | Permalink | Comments (9)
Categories: Courts and the justice system, Gahiji Tshamba, Police shootings
        

The head of Baltimore's NAACP sent out a missive demanding answers to questions revolving around the off-duty police shooting of an unarmed man in Mount Vernon. Marvin "Doc" Cheatham complained that a letter sent to Baltimore's police commissioner, the mayor and others went unanswered.

City police spokesman Anthony Guglielmi told me this morning that he got in contact with Cheatham to let him known Commissioner Frederick H. Bealefeld III is on vacation and would respond when he returns. Meanwhile, Guglielmi said he's trying to answer as many questions as he can but most revolve around policy issues that would have to be reviewed.

The NAACP head wants to know whether the officer charged, Gahiji A. Tshamba, gets more protection in shootings like these than afforded other suspects. The officer was not arrested immediately after the shooting, refused to make statements or submit to a breath test to see if he had been drinking and was given the chance to turn himself in when a warrant charging him with first-degree murder was issued. The officer surrendered after a 30-hour manhunt.

Here are Cheatham's concerns:

Continue reading "Police to respond to NAACP concerns" »

Posted by Peter Hermann at 8:21 AM | Permalink | Comments (2)
Categories: Breaking news, Confronting crime, Gahiji Tshamba, Police shootings, Top brass
        

The Baltimore police officer charged with first-degree murder in the off-duty shooting an unarmed man outside a Mount Vernon club was ordered held without bond Monday morning as his attorney began hitting back at the accusations, saying the officer "did what he had to do."

Addressing the incident for the first time, a defense attorney for Officer Gahiji A. Tshamba, 36, described his client as a decorated veteran who has been devastated by the allegations. He said the June 5 killing of Tyrone Brown came after the officer put himself on duty to respond to a sexual assault.

Brown, a 32-year-old former Marine from East Baltimore, was shot 12 times after Tshamba fired 13 rounds from his service weapon, according to charging documents. Police have previously said Brown was struck nine times.

"A police officer in fear for his life has to do what he has to do," attorney Adam Sean Cohen told reporters outside Central Booking. "If one shot doesn't work, if two shots don't work … you fire until the threat is gone."

Prosecutor David Chiu called Tshamba an "extreme risk to public safety."

"The last time I checked, I don't believe its police policy to shoot an unarmed suspect, particularly surrounded by patrons leaving a bar area," Chiu said.

For more, click the link. 

Posted by Justin Fenton at 12:04 PM | Permalink | Comments (6)
Categories: Breaking news, Gahiji Tshamba, Police shootings
        

Police charging documents have now been released in the murder case against Baltimore Police Officer Gahiji A. Tshamba (left), who is charged in the shooting death of an unarmed former Marine in Mount Vernon nine days ago.

The information in the document is sparse. Top police commanders have already said that the victim, Tyrone Brown, had his hands in the air when he was shot by the officer who was angry that the man patted the rear-end of a female companion. Police have also said there is no evidence that the off-duty officer feared for his life when he opened fire.

This is is one of the few cases when police leaked more details about their case than they put the official document that charges the officer with first-degree murder. The union president, Robert Cherry, has denounced the leaks from police and the Baltimore Sun's articles that he said has already convicted the officer.

There is one important detail change that shows up in the charging document: It says Brown was struck 12 times. We had known from the start that the officer emptied his clip of 13 bullets (it holds 14, but he had loaded it with one shy of full clip). At the very beginnging, police said Brown was hit six times. After a preliminary autopsy, they said he had been hit nine times. Now police say he was shot a dozen times.

Meanwhile, Tshamba is due in court for a bail hearing this morning. We may hear more from his attorney. Here is the police charging document:

Continue reading "Court papers in officer shooting released" »

Posted by Peter Hermann at 9:32 AM | Permalink | Comments (4)
Categories: Breaking news, Courts and the justice system, Gahiji Tshamba, Police shootings, Top brass
        

Baltimore police officer Gahiji A. Tshamba (left) is due in court this morning for his first bail hearing.

His attorney are to argue that the officer charged with killing an unarmed former Marine in Mount Vernon should be freed before trial. That might be an easier argument to make had the 15-year veteran turned himself in on Friday instead of leading his colleagues into a weekend manhunt. He surrendered Sunday about 1:30 in the morning.

Meanwhile, the funeral for the victim, Tyrone Brown is scheduled for 10 a.m. Wednesday at the Morgan State University auditorium. This case now moves to a new arena and new phase (check here for complete coverage of the case) Hopefully, at some point, we'll here his side of why he shot Brown nine times in the chest nine days ago outside the club after Brown touched the officer's female companion on the rear end.

Posted by Peter Hermann at 7:03 AM | Permalink | Comments (0)
Categories: Breaking news, Courts and the justice system, Gahiji Tshamba, Police shootings
        

The police officer being sought on a first-degree murder charge in the shooting death of an unarmed man outside a Mount Vernon bar turned himself in early Sunday. Here is a story posted just a few hours before the officer surrendered just after the Baltimore Sun's final deadline

Police have released many details, but here is brief statement:

Suspended Police Officer Gahiji Tshamba, a suspect wanted for Murder, has turned himself in to authorities at the Central Booking Intake Facility in Baltimore around 1:30am on Sunday morning.

Tshamba's surrender comes hours after Police Commissioner Frederick H. Bealefeld III ordered an intensified manhunt after Tshamba went missing Friday afternoon. Police attempted to negotiate a peaceful surrender with Tshamba on Friday and when contact was lost with the officer, an apprehension task force was mobilized.

Tshamba surrendered with his attorney and will face 1st degree Murder charges as well as charges of using a firearm in commission of a crime of violence in connection with last Saturday's shooting death of Tyrone Brown.

Bealefeld commended the BPD Homicide Section and Warrant Apprehension Task Force for their diligence and swift action in investigating this case and organizing a complex manhunt to bring Tshamba to justice.

"The Baltimore Police Department is committed to holding itself
accountable to the citizens Baltimore," said Bealefeld. "The men and women of the agency protect and serve our City with the highest integrity. The allegations against Gahiji Tshamba in this incident are an aberration and affront to us all." 

The Commissioner also acknowledged the hard work of Homicide Commander Terrence McLarney and lead Detective Shawn Reichenberg who literally worked around the clock since the onset of this investigation. McLarney and Reichenberg worked closely with city prosecutors to secure Friday's arrest warrant.

The BPD will continue to work with Baltimore States Attorney's Office to support this investigation.

Posted by Peter Hermann at 5:40 AM | Permalink | Comments (16)
Categories: Breaking news, Courts and the justice system, Gahiji Tshamba, Police shootings, Top brass
        

No details at this late/early hour, but Officer Gahiji A. Tshamba has turned himself in to Central Booking, according to messages sent over Twitter by the Baltimore Police Department and the Fraternal Order of Police.  Earlier in the evening, police mobilized extra detectives to fan out and search the community for Tshamba, who they hoped would have turned himself in Friday evening after police obtained a warrant charging him with first-degree murder. But for more than 24 hours, no one was able to make contact with him, and police declared him their "no. 1 suspect for the weekend." Tshamba's attorney said he believed his client would turn himself in shortly and said he thought the delay was likely something more innocuous, such as Tshamba avoiding news reports about the shooting and not knowing he was being sought. Still, he had been reachable all week and suddenly no one could contact him via cell phone.

Turning himself in brings a peaceful end to the incident.  He will likely be ordered held without bond by a District Court commissioner and have a bail review hearing first thing Monday. 

Posted by Justin Fenton at 2:11 AM | Permalink | Comments (0)
Categories: Breaking news, Gahiji Tshamba
        

Baltimore police tonight released a poster and photos of Officer Tshamba A. Gahiji, who is wanted in a warrant charged with first-degree murder. The 36-year-old officer is the subject of an intense manhunt tonight in connection with last Saturday's fatal shooting of an unarmed former Marine outside a Mount Vernon nightclub.

Posted by Peter Hermann at 9:39 PM | Permalink | Comments (1)
Categories: Breaking news, Confronting crime, Gahiji Tshamba, Police shootings, Top brass
        

More details spill out by the day on the shooting by the off-duty city officer of the unarmed former Marine during a dispute outside a Mount Vernon bar. Today we learn that the victim, Tyrone Brown, may have had his hands in the air when Officer Gahiji A. Tshamba shot him nine times.

Also, police sources tell us that Brown's shirt had a heat imprint from the muzzle blast of the gun, indicating one or more of the shots could've been fired from as close as 5 inches away (Tshamba is at left, in a WBAL-TV photo).

Detectives have interviewed seven key witnesses -- three who were with the officer and say he identified himself as a cop and that Brown shoved him after Brown patted the officer's female companion on the rear end. Two were with the victim and say Brown apologized and tried to walk away but Tshamba wouldn't let him. Two others described as independent backed the latter version of events. And police sources say that evdience found at the scene, including shell casings, are inconsistent with the events as described by the officer's friends.

It's unusual to have this much detail in an unfolding case. But cops are leaking like crazy because they hear angry public sentiment over why prosecutors haven't yet charged Tshamba with a crime. They also seem to believe that this is one of the worst police-involved shootings they've seen in a long, long time.

Brown's funeral is Wednesday at 10 a.m. at Morgan State University's auditorium. By then, maybe they'll be an arrest and charges. Prosecutors are hanging tough, saying they want an air-tight case before moving foward.

Part of this is a continuing fight between Jessamy and police that has gone back years to the O'Malley administration. Who can forget when Jessamy dropped charges against a city cop accused of planting evidence on an innocent man? O'Malley fumed in a profanity-laced tirade while Jessamy complained that the police investigation had failed.

They don't want a repeat.

Posted by Peter Hermann at 6:43 AM | Permalink | Comments (2)
Categories: Confronting crime, Gahiji Tshamba, Police shootings, Top brass
        

The Baltimore police officer who shot and killed an unarmed man who slighted a woman has a long history of questionable behavior both on and off the force.

Today, the Baltimore Sun documents part of this officer's life that includes two other shootings -- one that earned him an award for saving a colleague's life, another committed while drunk and angry over getting cut off in his vehicle. He also has a string of personal and financial problems (he's at left, in a WBAL photo).

Police have turned their investigation over to prosecutors and are pushing for charges soon. But word is prosecutors might push the probe into next week, saying they want to conduct more interviews and gather more evidence. Meanwhile, the public seethes as the officer continues to work a desk as questions rise over whether he's being shielded from arrest because he's a cop.

And questions still are being asked about why Tshamba kept his job -- with only an 8-day suspension -- for shooting a teenager in the foot while being off-duty and drunk. That shooting seems to fit the pattern what happened Saturday in Mount Vernon.

In both cases, the officers appears to have gotten angry over personal slights -- in Mount Vernon, the former Marine patted the officer's female companion on the rear-end, and in the 2005 shooting, a group of young men shouting racial slurs cut him off. And each time, Tshamba took it upon himself to act instead of calling for help.

Police in 2005 ruled the shooting of the teen justified but suspended him for being drunk with a firearm. It's hard to imagine that the police force still wanted him around when he's shooting while drunk (his blood alcohol was .12 percent). We still haven't gotten answers from commanders on that questions (it was a different police administration at the time).

We've obtained the letter sent by prosecutors to police in the 2005 shooting, indicating they declined to prosecute. This is for the purposes of criminal prosecution, not adminstrative sanctions, which would come later and result in the suspension. Still, I would think the fact the officer was legally drunk when he opened fire might play a role in whether he was neglegent:

Continue reading "Tshamba's turbulent past" »

Posted by Peter Hermann at 7:04 AM | Permalink | Comments (3)
        

It's difficult for anyone to second guess the actions of an officer made in the heat of the moment of a potentially life-threatening situation. Officer Gahiji Tshamba, under scrutiny and likely facing serious charges for killing an unarmed man over the weekend, faced what sounds like a harrowing situation in September 2005: The way he tells it, an SUV full of men pulled up next to him, with its occupants hurling racial epithets, spitting on his car, and throwing a beer bottle. As he followed them, they turned around, and slammed into his vehicle before getting out and coming towards him in a menacing manner. He fired five shots, striking one of them. The men offered a different take, though they admitted driving at him. And the victim was so intoxicated he claimed to have no memory of the events at all.

Was Tshamba's decision to shoot justified? The state's attorney's office felt that it was, and cleared him of criminal wrongdoing. 

But what seems less debatable and may cast some doubt on his account is the fact that, according to investigative records, Tshamba was driving drunk at the time of the incident.

When an Eastern District lieutenant arrived on the scene, he suspected Tshamba was impaired and ordered him to submit to a Breathalyzer - something Tshamba refused on Saturday - and he registered a .12 blood alcohol level. That's above the legal limit of .08.

Though Tshamba was cleared in the shooting, the department disciplined him for being intoxicated.  A year later, Tshamba wrecked his car after losing control and crashing into a gas station. Alcohol was not listed as a factor, but the car was not insured and was unregistered. All in all, those are just more questionable decisions in the recent history of an officer who is being closely scrutinized.

Prosecutors continue to mull charges in Saturday's shooting.  In this article, Peter Hermann gives a rundown of the perplexing police shooting cases that have come across the desk of State's Attorney Patricia A. Jessamy, and how her office has handled them over the years. Those cases deal with on-duty shootings, though it is still instructive to see the factors weighed by prosecutors and why the process can take some time.

"I will not send a message to police officers that I will impose my judgment in place of theirs when they act within the scope of their training and the law," she said at the time. "I will not, because of personal or political consideration, create a climate where police officers hesitate to protect a citizen or themselves."

And speaking of police charged criminally for shooting citizens on-duty, the trial for Officer Thomas Sanders, the first officer charged since the 1990s, began Monday with opening arguments. Sanders' defense attorney said that he was only following his training when he shot Edward Hunt after Hunt ran away during a 2008 arrest. 

Posted by Justin Fenton at 6:26 AM | Permalink | Comments (4)
Categories: East Baltimore, Gahiji Tshamba, Police shootings, Top brass
        

Baltimore prosecutors plan to re-interview key witnesses in the fatal police shooting in Mount Vernon on Saturday, which could delay by a several days any decision on whether to charge Officer Gahiji A. Tshamba.

The officer remains at the center of a firestorm over his shooting of unarmed ex-Marine Tyrone Brown, who patted the officer's female companion on her rear-end and ended up in a confrontation that left him dead in an alley off East Eager Street.

As the investigation moves forward, several details have been updated. Police had originally said Tshamba had been inside Eden's Garden, though the managor disputed that, though he admitted that the officer is a frequent customer. On Monday, police said Tshamba had been in the Red Maple, about a block away.

Also, police initially said that Tshamba fired 13 of the 14 bullets inside his department-issued Glock handgun, hitting Brown six times. On Monday, they said Brown actually had been hit nine times in the chest and groin. Police still say they have not learned of any reason why Tshamba might have feard for his life.

The officer has not yet given a statement to investigators, and he refused to let them conduct a breath test to determine whether he had been drinking. The officer shot a man in the foot in 2005, and while the shooting was ruled justified, police disciplined him for being intoxicated at the time. On Monday, police said they talked to people at various clubs and learned that Tshamba had been seen with a drink hin his hand, though it could not be determined if it was alcohol.

On Monday, Marvin L. Cheatham Sr., the president of the Baltimore branch of the NAACP, wrote this letter to Baltimore police spokesman Anthony Guglielmi:

Continue reading "Probe into police shooting continues" »

Posted by Peter Hermann at 6:16 AM | Permalink | Comments (8)
Categories: Gahiji Tshamba, Police shootings, Top brass