Cop guilty of lying in Hurricane Katrina deadly shooting

NEW ORLEANS -- A New Orleans police officer was convicted Friday of lying about the aftermath of a deadly shooting outside the city's convention center following Hurricane Katrina, but a jury acquitted the officer's partner of related charges.

Officer Ronald Mitchell, who shot and killed 45-year-old Danny Brumfield with a single shotgun blast in September 2005, was found guilty of one count of obstruction of justice and one count of perjury for lying when he said he left his patrol car after the shooting and checked for Brumfield's pulse.

The jury cleared Mitchell, 33, of two counts that charged him with lying about the shooting itself. Prosecutors alleged he had lied during a deposition in a civil lawsuit filed by Brumfield's widow when he claimed the man lunged at him with a "shiny object" before he shot him. Mitchell said he thought the object was a knife, but it turned out to be a pair of scissors.


Officer Ray Jones, who was driving the patrol car when Mitchell shot Brumfield, was acquitted of obstruction of justice and perjury charges. Prosecutors also claimed Jones lied about getting out of the car after the shooting.

Mitchell remains free on bond while he awaits a sentencing hearing set for March 7. He faces a maximum sentence of 30 years in prison, U.S. Attorney Jim Letten said.

Africa Brumfield, the victim's niece, said her family was pleased with the verdicts.

"Nobody issues out better justice than God, so we can live with that," she said of Mitchell's acquittals.

Mitchell and Jones weren't charged with the shooting itself. The prosecutor said Mitchell's description of the shooting didn't match the forensic evidence, but authorities couldn't be certain beyond a reasonable doubt whether the shooting was justified.

"I think it was a good result today, and I think the jury did a great job," Letten said.

Mitchell's attorney, Kerry Cuccia, thanked the jurors as they filed out of the courtroom and patted his client on his shoulder. Cuccia said he planned to appeal the convictions.

"We recognize the jury had a job to do and feel they worked very diligently though that," Cuccia said, adding that his client accepted the verdicts.

On Sept. 3, 2005, Mitchell and Jones were patrolling near the Ernest N. Morial Convention Center, where thousands of residents were stranded for days after the storm, when Brumfield approached their vehicle.

Witnesses who testified during the trial gave conflicting accounts of the deadly encounter. When Brumfield tried to flag down the officers, he either jumped on the hood of the car Jones was driving or was struck by the vehicle and fell on the hood. One witness said Brumfield exchanged heated words with one of the officers, while another said they didn't say anything to each other.

During his 2007 deposition for the civil suit, Mitchell said his partner stopped the car and swerved as Brumfield jumped on the hood, cracking the windshield.

"(Brumfield) came, jumped over on my side and lunged at me with what I thought was a knife at the time, but I know it was a shiny object. So, in protecting my life, I fired one shot from the shotgun," Mitchell said.

Both officers claimed they heard gunfire after they left the car.

"We got out of there," Jones, 34, said during his 2008 deposition. "I don't remember seeing muzzle flashes or anything like that, but I heard it."

Eric Hessler, Jones' lawyer, said his client is grateful that the jury believed his testimony.

"It's kind of bittersweet to him," Hessler said. "He thinks his partner was put in a bad position and did the best he could do under trying circumstances."

On Thursday, after deliberating for more than eight hours, jurors indicated they were deadlocked on at least one of the six counts. U.S. District Judge Sarah Vance instructed them to return Friday for a second day. The jury returned its verdicts after roughly one more hour of deliberations.

Brumfield's family settled its lawsuit against the city for about $400,000 in July 2008.

The department reassigned Mitchell and Jones to desk duty following their indictment last year.

The case against the officers is one of several Justice Department probes of alleged misconduct by New Orleans police officers following Katrina.

In December 2010, a federal jury convicted three officers and acquitted two others in the death of 31-year-old Henry Glover, who was shot and killed by an officer outside a strip mall before a different officer burned his body in a car.

In August, five current or former officers were convicted of civil rights violations stemming from deadly shootings of unarmed residents on a New Orleans bridge. Five other former officers pleaded guilty to participating in a cover up that included a planted gun, fabricated witnesses and falsified reports.Read more content from msnbc.com and NBC News:

Discuss this post

Self - Defense ??? Brumfield was shot in the back !

  • 6 votes
Reply#1 - Fri Dec 9, 2011 12:39 PM EST

Katrina is a classic study of, a total and complete breakdown of society, the people, the police, the fireman, the health care workers had no leadership, there was no food, drinking water and law and order collapsed; without any leadership the law enforcement collapsed into a vigilante attack, a them against us mentality; we should be able to study and learn from this catastrophic, however it is better to just blame it on a few rogue cops, it was much bigger than that .

  • 3 votes
#1.1 - Fri Dec 9, 2011 2:52 PM EST

Never approach a police officer during a disaster.

  • 7 votes
#1.2 - Fri Dec 9, 2011 2:56 PM EST

Partial justice has been done today. This police officer should have also been tried on manslaughter and federal civil rights charges as well. He should never be allowed to walk the streets as a member of law enforcement ever again. REMEMBER RODNEY KING AND THE COUNTLESS OF OTHER VICTIMS THAT HAVE DIED OR BEEN SERIOUSLY MAIMED AT THE HANDS OF LAW ENFORCEMENT. REMEMBER THE NUMBEROUS RESTRICTIONS ON OUR PERSONAL FREEDOMS SINCE 9/11.

  • 3 votes
#1.3 - Fri Dec 9, 2011 3:17 PM EST

A good argument for having your own firearm and being able to protect yourself in the event of disaster.

I was in Las Vegas during the Rodney King riots and watched the entire police force concentrate solely on the riots as car jackings and robberies took place. Those that say we should remove all firearms from the public have just lived a coddled life.

  • 2 votes
#1.4 - Fri Dec 9, 2011 3:26 PM EST
Reply

Was Brumfield brandishing a weapon? If not, how do you classify the use of a shotgun at close range self-defense against a man lunging at a car?

  • 3 votes
Reply#2 - Fri Dec 9, 2011 12:49 PM EST

A tragic affair could have been avoided with respect for the law officers. I don't know what you would do, but I certainly wouldn't attack a police car without expecting a violent reaction from the officers in it. Officer sees shiny object and.....the rest is regretful.

  • 1 vote
#2.1 - Fri Dec 9, 2011 3:22 PM EST

One day when you need the help of a peace officer you will see that you are wrong. They are not here to serve and protect they are here to legally rob and steal or mace and shoot people.

  • 2 votes
#2.2 - Fri Dec 9, 2011 3:43 PM EST
Reply

This was police training for crowd control in future OWS movements!

  • 5 votes
Reply#3 - Fri Dec 9, 2011 12:55 PM EST

Jail time.

  • 2 votes
Reply#4 - Fri Dec 9, 2011 1:29 PM EST

30 years for perjury????? The story is missing something, is he already convicted of manslaughter and this was an additional charge? On the other hand, have you seen the New Orleans murder rate??? WOW.. and I live just outside of Detroit. It never really made the national spotlight until Katrina, but those cops are in a "shoot first, ask questions later" type of war down there, necessary or not. Oh, and I love the comment about how God dispenses perfect justice. Ah question, was he asleep when the guy got shot, why didn't he just intervene then and save us all allot of time. Or is that he waited and wanted to watch the trial, maybe his cable is out and he couldn't watch judge judy. I love the Onion Movie when the guy stands up and says "I'd like to blame god for the loss today, he didn't bless me with enough talent to hit the game winning shot".

  • 1 vote
Reply#6 - Fri Dec 9, 2011 2:18 PM EST

Cops are not your friend, they are only there to arrest you. If you need a friend buy a gun.

  • 7 votes
Reply#7 - Fri Dec 9, 2011 2:18 PM EST

To everyone who thinks owning a weapon will keep you save. VIOLENCE BEGETS MORE VIOLENCE.

  • 1 vote
#7.1 - Fri Dec 9, 2011 3:18 PM EST

Maybe so, it also might let you walk away. I would rather be judged by twelve than carried by six.

  • 2 votes
#7.2 - Fri Dec 9, 2011 3:46 PM EST

Well if one day you find yourself a victim and cant find help or save yourself, you will look back at your ignorance and shake your head on your way to the gun store.

  • 1 vote
#7.3 - Fri Dec 9, 2011 3:50 PM EST
Reply

Stay unknown.

  • 1 vote
Reply#8 - Fri Dec 9, 2011 2:40 PM EST

I know people who shoot shotgun competitively and some of them would like to know how to use a shotgun like that, from inside a car, or even outside, and in the back, and not get hit with a murder charge! Some of them are cops.

  • 4 votes
Reply#9 - Fri Dec 9, 2011 3:17 PM EST

They thought he had a knife but it was scissors??????yeah scissors wont cut you but a knife will.

    Reply#10 - Fri Dec 9, 2011 3:28 PM EST

    Juries usually tend to give cops the benefit of the doubt. That's why cops hate video cameras in the hands of civilians. These guys get off with minor charges. That's what would probably have happened in the Danziger Bridge case is a TV crew hadn't been in the area. The ten cops involved in the murders and coverup would have walked with a gentle slap on the wrists.

    http://www.youtube.com/watch?v=m7t4dh3XsYg

    • 1 vote
    Reply#11 - Fri Dec 9, 2011 3:38 PM EST

    I still have absolutely no idea why we spent money rebuilding New Orleans.

      Reply#12 - Fri Dec 9, 2011 6:19 PM EST

      Well sounds like he will be part of www.injusticeeverywhere.com

        Reply#13 - Fri Dec 9, 2011 9:34 PM EST

        When, oh when are we going to learn that the police are NOT our friends? Imagine, what kind of sick personality does it take to want to get out of bed every morning and spend the day looking for trouble, knowing that if you can't find any, you will have to create some just to keep your boss happy? No one in their right mind would want to be a police officer, you have to be nuts to want the job. So, even if we accept the best applicants, what have we got? The best nuts money can buy. Either they're overly naive and are out to save the world, or they are fatties who got beat up in school and want to get back at society, or they are egotistical maniacs who took the job as a way to fuel their own warped ego. Any way you look at it, they're NOT our friends. This guy should have been tried for murder.

        • 1 vote
        Reply#14 - Fri Dec 9, 2011 11:00 PM EST

        They was no looting in Japan after the earthquake.

          Reply#15 - Sat Dec 10, 2011 1:28 AM EST
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