A Berkeley police officer fired her gun on the automobile of a number of individuals who had simply stolen objects from a CVS pharmacy in July, in response to police and new video recordings launched by the division Tuesday night in response to a Berkeleyside Public Information Act request.
Cellphone video reveals the officer getting out of her automobile July 30 along with her gun drawn and attempting to detain a driver and a number of other folks with him. The episode had began as a shoplifting incident however turned a theft after a battle with retailer employees, police mentioned. The driving force in the end fled the scene because the officer fired her gun at his automobile, the video reveals.
The officer — recognized by BPD on Tuesday as Cheri Miller — appeared to fireside on the driver’s entrance wheel because the motorist drove previous her, in response to the video. No accidents have been reported in reference to the gunfire, which was BPD’s first capturing in eight years. Miller, who has labored at BPD for 22 months, is on administrative depart pending the end result of the division’s investigation.
BPD in the end discovered the alleged driver from the incident and recognized him as 19-year-old Brandon Owens of Harmony. On Aug. 7, the Alameda County district lawyer’s workplace charged Owens with theft. He’s not in custody, in response to court docket data on-line. Owens is scheduled for arraignment Oct. 5. Police mentioned they haven’t recognized anybody else who was within the automobile.
BPD’s video, which was launched Tuesday simply earlier than 6 p.m., contains footage from Miller’s physique digital camera, retailer surveillance video and cellphone video from the bystander.
It’s the primary time since Berkeley police started carrying physique cameras about two years in the past that the division has launched such a footage. Meeting Invoice 748, which turned regulation in 2019, requires regulation enforcement businesses to launch bodycam footage from important incidents inside 45 days so long as that footage wouldn’t considerably impression an ongoing investigation.
On Tuesday, BPD mentioned Miller had been patrolling within the North Shattuck space not removed from CVS, at 1451 Shattuck Ave. (close to Rose Road), simply earlier than 9:20 p.m. when the theft occurred. She heard “the disturbance from the curb at the nearby Safeway” and radioed for backup earlier than driving to the CVS car parking zone, in response to BPD. She may see retailer employees attempting to cease the culprits, in response to police.
Simply earlier than Miller arrived, in response to the movies launched Tuesday, a number of folks in masks ran out of the CVS with stolen items, then struggled over a procuring cart with a retailer worker who tried to cease them. The group threw among the objects into their automobile as a bystander filmed them, in response to the recordings.
Miller arrived moments later along with her lights and siren on and parked behind the automobile so the driving force couldn’t depart. She acquired out of her automobile along with her gun drawn and advised the driving force, who was standing exterior of his automobile, to indicate her his palms. Miller in the end ordered the person to get into his automobile after he briefly walked away from her to get his keys.
“Get in?” he requested, confused.
“Yes,” Miller answered.
“Are you sure?” he requested.
As he acquired into the driving force’s seat, Miller instantly ordered the person to place his keys on high of the automobile and preserve his palms the place she may see them. Within the video, which is crisp however was shot from a distance, he seems to place one thing on high of the automobile. However then, as Miller backed away barely, the driving force began his automobile and ignored Miller’s orders to show it off. He then started to drive away, in response to the recording.
“Turn the car off now,” Miller advised the person repeatedly.
“I’m trying to,” he mentioned, as he continued to show the wheel, in an obvious try and exit the world, in response to the video.
Miller yelled on the man to show off the automobile, and a feminine voice contained in the automobile will be heard asking, “What are you doing?” as the driving force continued maneuvering the automobile out of its parking house.
“You want to turn it off for me? I can’t do it!” the driving force shouted, in response to the footage. He then accelerated, tires squealing. As the driving force handed Miller, she turned her gun away from him and aimed it towards his automobile wheel, firing 3 times.
The case is being investigated by BPD’s Murder Element and Inside Affairs officers. The district lawyer’s workplace was additionally notified of the incident, according to metropolis protocol.
Officer Byron White, BPD spokesman, mentioned the investigation is ongoing so he couldn’t share any extra particulars Tuesday.
“We’re releasing this for transparency and so people can have an idea about what happened that evening,” he mentioned.