Deputy Ivory Webb Jr.
Deputy Ivory Webb
Deputy Ivory Webb
Deputy Ivory Webb
- SAN BERNARDINO - Prosecutors showed jurors graphic photographs Thursday morning of an Iraq war veteran lying bloody on a Chino street in the minutes after a San Bernardino County sheriff's deputy shot him.
The photos of Elio Carrion were projected on a large television screen as prosecutors continued to build their case in the trial of the former deputy, Ivory J. Webb Jr.
The disturbing images, which showed paramedics tending to gunshots on Carrion's shoulder, chest and leg, prompted sobs from some courtroom observers.
They were among the last pieces of evidence shown to jurors before the trial broke for lunch.
Deputy Webb, 46, is on trial in San Bernardino charged with attempted voluntary manslaughter and assault with a firearm in connection with the Jan. 29, 2006, shooting of Carrion.
He has pleaded not guilty.
The shooting followed a pursuit in which Carrion, an Air Force senior airman who had recently returned from Iraq, was the passenger in a Corvette that led deputies on a high-speed chase.
Deputy Webb held Carrion and Escobedo at gunpoint as a nearby resident videotaped the encounter.
The video, which has been played repeatedly during the trial, appears to show Webb shoot Carrion as Carrion complied with the deputy's orders to "get up."
Webb claims the shooting was justified. He claims Carrion did not follow his commands to surrender and reached into his jacket, as though he were going for a weapon.
The first of the photographs shown by Deputy District Attorney Lewis Cope depicted Carrion lying on the street handcuffed after he had been shot.
Subsequent photos showed paramedics cutting away Carrion's clothing as they tended to his wounds. Holes from the bullets could clearly be seen near his left underarm, on his chest and on his left leg.
Blood soaked his clothing and was smeared across parts of his body. A white sneaker could be seen on one of his feet. Also visible in the photos were the bullet casings that were ejected from Webb's gun as he shot Carrion.
Prior to showing the photos Thursday morning, prosecutors also played for jurors an audio recording of sheriff's radio traffic from the night of the shooting.
The recording shows how Webb repeatedly gave his colleagues wrong information about his whereabouts as he attempted to arrest Carrion and Escobedo, making it difficult for backup officers to find and assist him.
According to the recording, Webb never told dispatchers when he first spotted the Corvette and gave chase. His first radio transmission did not come until he reported he was holding two suspects at gunpoint near Francis Street and Ramona Avenue - several miles from the actual location.
Seconds later, a frantic Webb is heard yelling "shots fired," and then "I got one down."
Webb gave dispatchers at least three bad locations as his fellow officers drove around trying to find him. It wasn't until after Webb shot Carrion that he finally gave his colleagues his accurate whereabouts.
"Ivory, you have to give us a better (location)," a dispatcher told him.
"Francis and Benson, Francis and Benson," he said, finally getting his location correct.
During opening statements in the trial on Tuesday, Cope said the dispatch recordings are an example of how Webb's own actions and mistakes that night led to the shooting.
Webb's attorney, however, told jurors the deputy only gave erroneous reports of his location because he was genuinely lost.
The chase took him into unfamiliar streets within Chino city limits, outside his normal beat, defense attorney Michael Schwartz said. The streets were unlit, and street signs were small and difficult to see, he said.
Airman says he was trying to calm deputy - Shooting victim testifies the San Bernardino County lawman was swearing and pointing a gun at him after the chase
- The airman who was shot three times last year by a San Bernardino County sheriff's deputy testified Monday that he never threatened the officer but disobeyed commands to be silent because he was trying to defuse the deputy's anger and assure him he "meant no harm."
If convicted, former Deputy Ivory John Webb Jr. could face more than 18 years in prison for firing on 23-year-old Elio Carrion, who was held at gunpoint by Webb on a dark street in Chino. The shooting occurred after Webb chased a Corvette driven by Carrion's high school friend at more than 100 mph in January 2006.
The San Bernardino County district attorney's office charged Webb with attempted voluntary manslaughter and assault with a firearm after the shooting, which was filmed by a bystander. Carrion showed no reaction when the video was played in the courtroom Monday.
The airman, who was a passenger in the Corvette while home on leave after a six-month tour as a military police officer in Iraq, testified that he was trying to calm Webb down as the officer stood over him.
"I was frightened a little bit, because he had a gun pointing at me and was yelling and cussing at me," said Carrion, who got out of the car and lay on the ground after the crash.
"I tried to talk to him to defuse the situation — to have him know that I wasn't threatening at all."
Carrion, who said he was "buzzed" after drinking at an afternoon barbecue with friends at his parents' house, testified that he continued talking as Webb repeatedly told him, using vulgarities, to shut up.
Just before he was shot, Carrion said, he told Webb, with expletives, that he had more training than Webb and that the officer had "better believe" him.
After that comment, Carrion testified, Webb lowered his voice and answered in a calmer tone.
"The officer says, 'OK, get up, get up,' " Carrion testified.
Carrion confirmed the officer's command by repeating it back, he said.
"As I get up, he shoots me," he testified.
In a contentious cross-examination that spanned most of the afternoon, Webb's lead attorney sharply questioned Carrion's failure to stop the driver of the Corvette, who had been drinking, from leading deputies on a dangerous chase through Chino.
Webb's attorney, Michael Schwartz, quizzed Carrion about his actions during almost every moment of the chase — asking why the airman did not stop the car by pulling the keys out of the Corvette's ignition or by fighting his friend to make him stop.
"You are trained as a military police officer and you're off duty in the car," Schwartz said. "If a crime takes place in front of you, you have a duty to report it, right?" Schwartz asked.
Yes, Carrion responded.
But, Schwartz continued, during the chase "you don't pick up your cellphone and say you've got a reckless driver…. You don't call 911?"
No, Carrion replied.
Webb, the only officer present during the shooting, initially told detectives that Carrion had lunged at him after ignoring orders to stay on the ground.
Several days later, after watching a clip of the video, the 46-year-old former deputy told detectives he believed Carrion was reaching for a weapon when he fired, which was the explanation Schwartz gave to the jury
in his opening argument last week.
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- SAN BERNARDINO - The man who was shot by a sheriff's deputy at the end of a car chase in Chino finished testifying in the deputy's trial Tuesday after a final round of questioning by attorneys from both sides.
Elio Carrion was excused from the courtroom just after the noon break in the trial of Ivory J. Webb Jr.
He left after nearly two days on the witness stand, during which Webb's attorneys exposed gaps and errors in his memory of the Jan. 29, 2006 shooting.
Before dismissing the witness, Deputy District Attorney Lewis Cope asked Carrion whether he had been honest in his claims that Webb shot him while he complied with the deputy's orders to stand up after the chase had ended.
"Have you tried to tell us the truth the best you can remember?" Cope asked.
"Yes, honestly and truthfully," Carrion testified.
Deputy Webb is charged with attempted voluntary manslaughter and assault with a firearm in connection with the Jan. 29, 2006 shooting. He faces up to 18 years in prison if convicted as charged.
Carrion was the passenger in a Corvette that led Webb on a short, fast pursuit.
The chase ended when the driver, Luis Fernando Escobedo, crashed into a fence and a wall on Francis Street in Chino.
The shooting was captured on videotape by a nearby resident.
Carrion testified on Monday that he did his best to comply with all of Webb's commands after the crash. He testified Webb shot him as he followed the deputy's order to stand up.
But under cross-examination, Carrion admitted he had been drinking that night and had problems remembering much of what happened. Some of his memories also clashed with what is depicted on the videotape.
For example, he testified his hands stayed on the ground for all but one brief moment during his exchange with Webb. However, the video appears to show him raise a hand at least two other times.
He also testified he got straight onto the ground after the crash. But early frames of the video appear to show him sitting up with his hands in the air near the Corvette's door as Webb approached him. "I wonder if
The video also shows that he and Escobedo kept talking to Webb, even after the deputy repeatedly and forcefully told him to "shut up."
Carrion said he kept talking in an attempt to convince Webb that he and Escobedo were no threat.
But under questioning by Webb's attorney, Michael Schwartz, Carrion conceded on Tuesday that all the jawing at the deputy helped make the deputy's situation more "chaotic."
"Because this whole time you were trying to talk, Luis was trying to talk and my client was trying to talk, right?" Schwartz asked.
"Yes," Carrion said.
"It was pretty chaotic, wasn't it?" Schwartz said.
"Yes," Carrion replied.
Webb no longer works for the San Bernardino County Sheriff's Department.
- SAN BERNARDINO - A fourth witness in the trial of a sheriff's deputy accused of shooting an unarmed man in Chino testified Wednesday that the shooting appeared to be unprovoked.
Grecy Duarte, whose husband videotaped the shooting, said she, too, watched it from the front door of her home.
She said the young man who was shot didn't appear to make any sudden moves or reach for anything in the seconds before the San Bernardino County sheriff's deputy shot him.
"It was kind of dark, but I could see his hands were on the ground," she testified.
Escobedo and Carrion both testified earlier in the trial that Carrion was following the deputy's orders to stand up when Webb shot him.
Valdes told a similar story when he testified Tuesday and Wednesday.
Duarte said on Wednesday that she ran to the front window of her home and began watching the altercation after she heard a thud from the street. She said her husband looked out the window, too, and then ran back to the bedroom to grab his camera.
She said that after watching from the window for a few minutes she went to her front door for a better view.
She said she was just outside the door when the shooting occurred.
Duarte, who testified with the help of a Spanish-language interpreter, said she could only understand bits of the conversation between Webb and Carrion because it was in English.
However, she said she did hear Webb order Carrion to get up. When Carrion did so, the deputy shot him, she said.
Webb's lawyer, Michael Schwartz, did not cross-examine Duarte as aggressively as he did the earlier witnesses who had claimed the shooting was unprovoked.
Schwartz aggressively challenged the testimony of earlier witnesses to expose flaws in their memories of the events.
Duarte's testimony did, however, appear to contradict some portions of her husband's. Valdes previously told jurors he watched Webb yell and kick at Carrion for about three minutes before he retrieved his camera.
Duarte said on Wednesday that she and her husband watched for only a few seconds before Valdes grabbed the recorder and went outside.
In other testimony Wednesday, a Chino police corporal testified that she arrived on the scene after the shooting and searched and handcuffed Carrion, who remained lying in the street until paramedics arrived.
Cpl. Nancy Franklin said Carrion told her he was a military policeman, and he directed her to his identification in his left pocket as he tried to explain to her what had happened to him.
"He had made a statement that the cop told him to get up," Franklin said. "And he stated he got up and the officer shot him three times."
http://www.dailybulletin.com/ci_6080001 ... ost_viewed
- SAN BERNARDINO - The former sheriff's deputy on trial for shooting an unarmed man at the end of a car chase in Chino reported to two other officers immediately after the incident that he fired because the man attacked or lunged at him, according to testimony in the deputy's trial Thursday.
The first backup officer to arrive that night, Chino police Detective Brian Cauble, testified Thursday he came upon the scene to find the deputy, Ivory J. Webb Jr., standing above a wounded Elio Carrion with his gun drawn.
Cauble said he immediately asked Webb what was going on.
"He told me the subject had tried to attack him," Cauble said.
Richard Swigart, a San Bernardino County sheriff's sergeant who also went to the scene, testified Webb told him a similar story.
"He said the guy lunged at him and he shot three times," Swigart testified.
Webb's statements from that night were the central issue Thursday as his trial continued in San Bernardino Superior Court.
Prosecutors contend the statements are contradicted by a videotape of the shooting that appears to show Webb shoot Carrion just after ordering him to get up.
They also claim that after the video of the shooting surfaced, Deputy Webb changed his story to say he shot Carrion because he believed Carrion reached into his jacket for a weapon.
Webb's lawyers contend the shooting was justified. They say Webb has been honest about what happened from the beginning, and his statements at the scene were cursory and made in the heat of a stressful situation.
Webb is charged with attempted voluntary manslaughter and assault with a firearm in connection with the Jan. 29, 2006, incident. He faces up to 18 years in prison if convicted as charged.
Swigart testified Thursday that he was a supervising sergeant at the Chino Hills sheriff's station on the night of the shooting. Swigart said he responded to Francis Street after hearing radio traffic from deputies about a car chase and shots being fired.
When he got there, Carrion was on the ground wounded, he said.
Swigart approached Webb and asked for a brief statement about what happened, he said.
Webb told him that Carrion had repeatedly defied his orders to stay on the ground, he said. Webb said he had kicked Carrion down and warned him that he would be shot if he tried to get up again.
Webb claimed Carrion disregarded that order, Swigart testified.
"He said the guy tried to get up quickly in a lunging motion, so he shot him," Swigart testified.
Swigart said Webb appeared coherent but was also noticeably upset over having shot someone.
Cauble testified Thursday that he was on patrol when he heard a radio call about an officer needing assistance. When he got to Francis Street, Webb was still holding Carrion and Escobedo at gunpoint. Carrion had already been shot.
As Cauble approached Webb, the deputy immediately said Carrion tried to attack him, Cauble said.
After hearing the statement, Cauble said he activated an audio recorder on his belt.
Prosecutors played the recording for jurors Thursday morning.
On it, Webb makes an additional statement about being attacked.
"Mother fucker gonna get up trying and fucking attack me!" he says in an angry tone.
Cauble testified Webb made the above statement while walking toward Escobedo, who was still in the driver's seat of the car.
Escobedo is then heard on the tape challenging Webb's statement.
"He told him to get up!" Escobedo shouts.
The retort appeared to agitate Webb, who then repeatedly shouted at Escobedo to shut up.
Cauble then asks Webb to "settle down, man."
San Bernardino County sheriff's Detective Leland Boldt, who supervised the investigation, testified Thursday afternoon that he and his team first saw the video of the shooting about three hours after it occurred.
He said the man who made the video, Jose Luis Valdes, invited about five detectives into his home and played the tape on a large, flat-screen television mounted on his wall.
"When he stopped the video the room was dead silenced for a few moments," Boldt testified.
Boldt said his detectives then took the video to the Chino Hills station, where it was played repeatedly for supervisors.
Testimony in the trial is scheduled to resume Monday. Prosecutors plan to rest their case by Tuesday, and Webb's lawyers will begin calling their witnesses by the middle of next week.