Ivory Webb's Acquital, my take

From June, 2007

I have been bombarded with email about Deputy Ivory Webb’s acquittal, asking me my take on the verdict.

As with all of you, I saw the same five second snippets from the 1 minute 15 second video shot on January 29th, 2006 at 1030 pm. And, like you, after watching it, I said “This cop is done.” As the story unfolded, I remembered my training, and how I train my guys “Do a thorough investigation before you make your mind up.” There is always three sides (or more) to every incident. There’s the victim’s side, the suspect’s side, and then there’s the truth. The ‘or more’ refers to witnesses. I was also reminded of another video I saw where the police were chasing a guy and the video showed the officer shooting a fleeing suspect in the back. When I saw that one, I remember thinking “Holy shit, what is he doing?” Then I saw another tape taken from another angle from another police car. This tape of the same incident was at an angle where you could clearly see the the fleeing suspect had a gun in his right hand, pointing it across his body over his left shoulder, shooting at the officers. Once again, thorough investigation required. As the old saying my Mom always used goes “never believe anything you hear, and only half of what you see.” Also, you gotta keep in mind that I wrote my first traffic ticket under California law in 1973 as a Marine Corps MP stationed at MCAS El Toro and I’ve been a sworn peace officer in California now for 19 years. So my opinions may differ from yours and even from those of other police officers.

When the the news first hit about Webb “shooting an unarmed Airman,” I watched the tape and listened intently to what reporters said and read the same papers as everyone else. I have never been privy to any other documents, nor was I in court, so my opinions here are strictly from my interpretation of media events.

As I remember, initial reports were that Webb was chasing a stolen Corvette at speeds over 100 mph, that ended when the Corvette crashed. Then the tape. Then the followup reports. Of course we all focused on the shooting but I never understood about the Corvette. Did Escobedo (the driver) and Carrion steal the car or not? This is a very important issue during the incident on Webb’s mindset and how the suspect’s will be dealt with once you catch them. If you think they’re just a couple drunks driving fast, you act a whole lot different than you do if you’re chasing a couple guys in a stolen car. The papers never told that story again. I also had a hard time following Escobedo. They charged him with DUI and fleeing then in Sept they charged him with possession of a loaded firearm on a separate incident. He got six months in jail and 3 years probation for the the Webb incident and I don’t know what he got for the gun incident. The lesson here is, you hang out with guys that make bad decisions and do bad things, don’t be surprised when something bad happens.

Anyway, the public is outraged that a cop shoots an unarmed American hero who has just returned from duty in Iraq. A supposedly thorough investigation is conducted, Webb is charged, fired from his job as a Deputy and then pleads not guilty to attempted voluntary manslaughter and/or assault with a deadly weapon with great bodily injury using a firearm. Then they do the background on all the players. The media gets family and friends to talk about the case giving their personal opinions which has absolutely no weight with the case but we the readers form our opinions that way. I did think it interesting that Webb’s Dad is a retired Police Chief and that Webb himself was a starter in the 1982 Rose Bowl for Iowa as a wide receiver. Who won that game? Anyway, do I believe Webb got up that morning and said “I think today’s the day that I get to kill somebody?” No, I don’t believe that for a minute. Therefore, the attempt murder charges that Carrion’s side wanted were definitely a no go since 187 requires “specific intent of malice aforethought.” I know, he could have acquired it during the incident, but as far as the media reported, his background never showed any traits of a cowboy gunslinger. Instead, he was a loving family man who as a cop was “by the book.” As for Carrion and Escobedo, I don’t remember much being said on either except for Carrion just returning from Iraq. I do remember a few interviews of family members where they spoke through translators and the Mexican flag was shown behind them. As I mentioned before, Escobedo and the subsequent gun incident.

OK, on to the trial. Much weight was placed on both sides on expert testimony. Retired LA Sheriff’s Lt Joe Callahan for the prosecution and Inglewood Sgt Kent Ferrin for the defense. Remember, both of these guys are paid witnesses. As I heard accounts of testimony from Callahan, especially where he said Webb broke every rule of his training, I thought to myself “They must train differently in LA than they do in Orange County where I was trained, cause I never heard of that one, or that one either, or even that one.” Ferrin on the other hand, came across in accounts as a level headed, philosopher looking at the totality of the circumstances. Not having heard actual testimony, I wonder how both came across in court. Obviously, the jurors went with Ferrin.

Anyway, was I happy with the verdict? You danged right. My opinion has nothing to do with whether Carrion deserved to get shot or not. Every time a cop makes a decision, every time that decision has to be made in a split second, the media, the attorneys, the so called experts, and even you and I, have all the time in the world to dissect it and make judgements. The good thing is that this case made everyone stop and look at the whole picture, not just the video. This things definitely not over though. The media won’t let it drop. Federal lawsuit? Will Webb ever get back to police work? There’s a lot more to come. This circus has just begun, but at least Webb won’t have to deal with it from jail with a blue protective custody band on his wrist.

And me, I’ll go back to doing other important things….. like the Spector trial……