The continued firing of a weapon by former Pine Bluff police officer Corey Lowery in one hand while operating a vehicle with the other during a Nov. 21 pursuit and shooting death of Jeremy Lawrence Jr. presented a “significant” safety concern, Chief Shawn Davis said Tuesday.
The act was contrary to Pine Bluff Police Department policy No. 185, covering unsafe acts, which Davis said “prohibits conduct that has the potential to endanger self, others, property, and it includes unsafe handling of the equipment.”
“While the immediate threat at the moment (of Lawrence’s exit from a moving SUV) may mitigate the first shots, the continued firing from a vehicle remained in motion increases and raises concerns under policy 185,” Davis said. “The act of firing a weapon while steering a patrol vehicle constitutes a serious safety concern under the Unsafe Act policy, due to inherent risks created. The totality of the circumstance may mitigate the intent; however, the conduct conflicts with the safety-focused principle of policy 185.”
Davis spoke at a news conference inside the Det. Kevin D. Collins Training Center to address findings from an internal investigation into the vehicular pursuit and shooting. The purpose of the investigation, Davis said, was to determine whether officers Derek Johnson, J.L. Williams and Lowery complied with PBPD policy. All three were placed on administrative leave, but Lowery resigned before completion of the internal investigation while Johnson and Williams remain on active duty.
The investigation into Lowery’s acts, Davis added, concluded due to his resignation. Lowery did not attend the news conference.
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The investigation by the PBPD’s Office of Professional Standards was separate from an Arkansas State Police probe, which 11th West Circuit Prosecutor Kyle Hunter used to determine in February that the officers were justified in using deadly force under state law.
Davis announced the officers acted in accordance with policy No. 231, covering vehicle pursuit, which he said states that pursuits must be “narrowly regulated and only initiated when the danger of allowing the suspect to escape outweighs the danger created by the pursuit.” The officers did not fail to activate emergency lights or notify dispatch.
The policy, Davis said, also emphasizes the protection of all people and “narrow regulation” of the pursuit.
“The act of firing a weapon while operating a moving patrol vehicle must be operated within that same safety training framework,” Davis said.
Davis later stated police are trained to fire from a vehicle but noted there was a “policy failure,” adding the act is not addressed in the policy and such a tactic presents an unmitigated safety concern.
“That is something that will be corrected under this administration,” Davis said, adding the department is looking into ways to take less lethal actions in a similar incident.
He added the officers also were found to act in accordance with policy No. 550, use of force and response to resistance, which requires that force be used objectively and reasonably and allows for deadly force to be used when an officer reasonably believes there is a serious threat of bodily harm or death.
“The key question is whether the threat remained imminent each time a shot was fired,” Davis said.
Fielding a question from a member of the local media about whether Lawrence fired weapon at any time, Davis turned to high-ranking PBPD officers standing with him who answered no. It was not clear, according to bodycam video obtained by The Commercial, that Lawrence fired a weapon.
According to police summaries, officers initially responded to 32nd Avenue and Plum Street in reference to shooting in the area at about 10:22 p.m. Nov. 21. An SUV with three occupants drove through the area and failed to observe commands to stop. The vehicle nearly struck an officer who was attempting to stop the vehicle in the roadway, and one of the passengers, later identified as Lawrence, reportedly fled on foot from the SUV while it was still moving. Lawrence reportedly was armed with a black Draco-style, AK-pattern firearm equipped with a banana-style magazine in his right hand. The weapon, according to the investigative summary by State Police, was “slightly pointed at the pursuing police unit while his left hand appeared to be near or supporting his waistband.”
The driver slowed down and pulled over near 1805 W. 27th Ave., according to police summaries. Lawrence reportedly regained his balance after leaving the moving vehicle and ran north away from the officer’s location.
“The footage reflects that, during this brief moment, the weapon was oriented toward Lowery’s vehicle,” Davis said, reading from the internal findings similar to the State Police summary The Commercial obtained through an Arkansas Freedom of Information Act request. “However, once Lawrence regained balance, he turned and ran away from the officers. Immediately after Lawrence exited the SUV, Officer Lowery discharged two rounds while operating his patrol vehicle, holding his duty weapon in one hand and steering with the other. Lowery ultimately fired a total of nine rounds before the patrol vehicle came to a complete stop. After the vehicle stopped, he fired four additional rounds.”
“The use of deadly force within a wooded area was within policy,” Davis said. “The initial two shots may be defensible based on the weapon veering toward the vehicle. The continued discharged of multiple rounds while the suspect was fleeing presents heightened scrutiny under objective reasonableness, but it does not automatically constitute a violation, given an armed and dangerous suspect and nature of the call.”
Lawrence did not appear to be struck and continued fleeing, ending up behind a residence in a wooded area between 27th and 28th Avenues, Davis read.
“In the wooded area, Lawrence moved in a manner often described as turning toward them, raising his hands from his waist in a way they reasonably interpreted as preparing to fire,” Davis said. “At that point, officers Johnson, Lowery and Williams discharged several additional rounds. The suspect was struck during this engagement. Officers ceased fire when surrender was indicated and rendered medical aid.
According to police findings, Lawrence ran behind a residence and back across 27th Avenue into a wooded area just off 28th Avenue. Lowery stated Lawrence turned toward the pursuing officers and continued reaching toward his body and the ground.
“Based on the suspect’s armed status, movements, failure to comply with commands and the perceived threat to officers and the surrounding residential community, Officer Lowery discharged his service weapon at Lawrence in a wooded area off 28th Avenue,” the State Police summary reads. “Officers Johnson and Williams subsequently engaged Lawrence and also discharged their service weapons.
“Once Lawrence was laying down on the ground, officers immediately ceased fire, approached, and secured him in handcuffs. Officers rendered extensive life-saving medical aid, including the application of multiple tourniquets to gunshot wounds to his legs.”
Lawrence was pronounced dead at Jefferson Regional at 11:26 p.m.
Lawrence’s aunt, Marie Alexander, attended the news conference. Asked for her response to the findings, Alexander said: “It’s overwhelming.”
“We are not really surprised, considering that Prosecutor Kyle Hunter made his decision, and there is no way to overturn that,” said La’Dajia Jones, Lawrence’s sister. “We are hurt, but not surprised.”
