Judge questions killing of college student, denies MS Coast deputy’s bid for immunity
Reality Check is a Sun Herald series holding those in power to account and shining a light on their decisions. Have a suggestion for a future story? Email mynews@sunherald.com.
A Mississippi judge denied qualified immunity to a former Hancock County Sheriff’s K-9 deputy who kept his police dog on a leash when he shot and killed a Florida college student stunned by a Taser and armed with a bottle of Mentos candy in one hand and a metal T-post in the other, according to court records.
Qualified immunity protects government officials, including law enforcement officers, from civil liability if their actions could reasonably be believed to be legal.
In the rare move, U.S. District Judge Louis Guirola issued the ruling in a wrongful death suit involving excessive force lawsuit over the Dec. 10, 2022, shooting death of Isaiah Winkley at the hands of former Hancock County K-9 Deputy Michael Chase Blackwell. The judge issued the ruling after reviewing the arguments in the civil action and the camera footage of the shooting.
Attorney Lance Stevens filed the lawsuit in federal court in Gulfport on behalf of Winkley’s parents, the Rev. Dwight Winkley, and his wife, Catherine, of Morehead, Georgia.
The family believes their son was the victim of criminal wrongdoing.
Blackwell contends that he shot and killed Winkley because of an “immediate” threat to his safety and the safety of two other deputies, Lt. Christopher Sholar and Deputy Laura “LauraLyn” Yager, after the deputies responded to a report of a burglary in progress at a vacant home in Hancock County.
But, in his ruling, Guirola said, “There exist material questions of fact whether Officer Blackwell faced an immediate threat of death or bodily injury at the time he applied deadly force.”
But the use of force, Guirola said, “must be proportional to the threat.”
“If the officer could reasonably use less than deadly force, he must,” the judge wrote after also citing other cases where officers accused of using excessive force could not escape civil liability in a shooting “anytime he claims he saw a gun.”
As a result, the judge said, Blackwell couldn’t escape liability “because he saw a suspect holding a post.”
In addition, the judge noted the camera footage “reveals that both of Winkley’s hands were plainly visible to Blackwell at all times, and Winkley never brandished the contents of either hand in a threatening manner.”
In a statement further defending his actions, Blackwell said he had his K-9 tied to a 30-foot line because his training taught him not to send a K-9 into a deadly force encounter. He said he was standing at least 8 feet away from Winkley when he recalled firing four rounds.
An autopsy showed Winkley had been shot five times.
Afterward, the judge noted, the deputies “eventually” went to Winkley to try to render aid to him.
The judge issued the ruling after reviewing arguments in the wrongful death suit
Stevens argues that Blackwell used excessive force and violated Winkley’s constitutional rights when he shot an unarmed Winkley “without provocation, warning or justification.’
An assault rifle, handguns and Tasers
The judge provided other details about the shooting after reviewing the arguments in the civil case along with body camera footage of the killing that was submitted under seal by Blackwell.
When the deputies approached Winkley, Sholar was carrying an assault-style rifle and a Taser, Blackwell had his K-9 Dark on a leash and had his gun drawn, and Yager had a Taser in her hand, the judge wrote.
Winkley, the judge said, had the 6 1/2 to 7-foot T-post in his right hand and a small item in his left hand — the Mentos candy — which was almost “completely” obscured from the officers’ view.
Winkley shouted, “Shoot me,” and Sholar stunned him with his Taser.
Afterward, Winkley bent over with his arms crossed, the judge wrote, and the metal T-post was at his chest level.
The judge wrote that Winkley started walking toward Blackwell, but Blackwell then “retreated.”
Winkley shouted, “ Shoot me, again,” and Sholar again deployed his Taser on Winkley.
Yager interjected, saying, “’It’s not working, man.’”
Then, Blackwell yelled to another deputy, “I’m gonna shoot him,”
Winkley yelled for the officers to shoot him again and Blackwell yelled, “’Drop the pole,’” the judge wrote.
Blackwell started shooting.
Offices make split-second decisions
The video evidence, which Guirola said is at best ambiguous regarding Winkley’s intentions that day, must be interpreted in Winkley’s favor at this stage of the litigation.
In his ruling, the judge noted that he “recognizes that officers must make split-second decisions in extremely stressful circumstances and that those officers do not have the ability to rewind and replay a video, like the court does, prior to acting.”
Guirola’s ruling in the civil case comes less than a month after federal prosecutors agreed to forgo criminal charges against Blackwell in exchange for him surrendering his law enforcement license and certification and never serving again in law enforcement anywhere in the United States.
The case is still pending a review by a state grand jury in Hancock County to determine if any criminal wrongdoing occurred.
At the time of the shooting, the judge noted that Winkley appeared to be in some type of emotional distress.
About a month before Guirola’s ruling, federal prosecutors agreed to forgo criminal charges against Blackwell in exchange for him surrendering his law enforcement credentials and certification and never serving as a law enforcement officer anywhere in the United States for the rest of his life.
Stevens filed a public records requests with prosecutors to obtain the agreement, but was unable to get a copy of the document.
A ‘heartbroken’ family wants answers after 21-year-old killed in MS Coast police shooting
Federal grand jury considers criminal charges in fatal Hancock shooting, authorities say
MS Coast deputy feared for his life when he shot at college student, court papers say
A Hancock deputy shot a 21-year-old 5 times. His ‘devastated’ family fights for justice.
