Police Constable Karim Warner is appealing his one-year prison sentence after being found guilty of unlawfully discharging a firearm during a confrontation in Willikies last December.
His attorney, Andrew Okola, filed the appeal shortly after Warner’s October 1 conviction, which stemmed from an altercation near the Emerald Cove Resort.
According to court testimony, the dispute began over a rental vehicle owned by Warner. When the renters refused to return it, he allegedly blocked their Toyota Mark X with his Lexus and ordered them to get out.
A female passenger testified that when she suggested taking the matter to the police station, Warner rejected the idea, drew his firearm, and fired several rounds—striking the car’s rear panel, trunk, and a front tire. She told the court she was so frightened that she lost control of her bladder during the shooting.
Warner denied the prosecution’s account, saying he had not fired a dozen shots and only sought to defend his property.
Senior Magistrate Ngaio Emanuel dismissed that claim, ruling that while four bullets might disable a vehicle, twelve represented a “grossly disproportionate” use of force.
Warner wept as the verdict was read. The case now proceeds to the Court of Appeal.
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Something is missing. What caused him to belive that he needed to defend his property?
He said he was defending his property? No police on planet earth would say the most dunces thing that will guarantee prison time. The newspaper must be lying on this officer, because everyone knows it is settled law that you can not use this kind of force for the protection of property. The attorney would not allow his client to say such ignorant thing.
You can only use such kind of force to protect life, when life is in danger. Never to just protect property. Well, unless authorized for the purpose of shooting out tires and engines and that usually requires superior authorization in specific and clearly dangerous situations like after a vicious bank robbery, dangerous driving and not stopping, high speed chase, etcetera.
The basis for any appeal should include he was protecting life (public and himself), number of bullets were inaccurate (lower than what prosecutor presented and they knew the evidence of the amount was incorrect and still made such misrepresentation to the court). Also, evidence of the shooting skill of the officer should be presented to mitigate any believe that he was just shooting all over and risking life (should have been presented so that it is a basis for appeal), the conduct of the virtual complainants (was it threatening, provoking, etcetera). There are also factors pertaining to the judge’s ruling that will obviously be used but start here.