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Corey Moody was shot during a traffic stop in December 2012. Newport News police initially claimed Moody shot at them but no firearm was ever found. |
By Ashley K. Speed, akspeed@dailypress.com
NEWPORT NEWS — When the shooting stopped, Corey Moody says police pulled him out of his bullet-ridden car.
He could feel nothing from the waist down. His spinal cord had been struck by police officers' gunfire — gunfire intended for someone who was armed.
"They dragged me out the car and put the gun to my head," Moody said in an interview at his home last week. "They said the best thing for you now is to tell us where the gun at."
There was no gun to show police on Dec. 12, 2012, because Moody was unarmed.
Police say they fired at Moody to protect a fellow officer and because they thought Moody was reaching for a gun in the console of his car.
Hours after the shooting, a doctor told Moody that he wouldn't be able to walk again. Moody, 41, lives in Hampton with his mother, who has taken care of him since the shooting. The two were hopeful that the city would find fault with police for the shooting, but they recently learned that a July report from the prosecutors' office exonerated the officers from any criminal wrongdoing.
The police and city attorney were notified in June that a lawsuit was going to be filed against them. A federal lawsuit will follow later this year alleging a violation of Moody's civil rights, said Timothy Clancy, Moody's attorney.
Clancy says that several explanations of what led to the shooting have come from police — all of which he and Moody deny.
"One story was that Mr. Moody and police exchanged gunfire … then another story was that Mr. Moody was reaching into a console and ignoring police officers — we vehemently deny that,"
Clancy said. "The last story is the allegation that Mr. Moody was dragging a police officer and that somehow justified shooting Mr. Moody and causing him to be paralyzed."
Newport News police spokesman Lou Thurston said department officials declined to comment on the case due to the pending lawsuit. Two phone calls to the prosecutor's office seeking comment were not returned.
State charges go federal
Newport News police detective Danielle Hollandsworth was one of the officers who fired at Moody the night of the shooting, according to a seven-page prosecutor's report.This wasn't their first encounter. The two had crossed paths in March 2012 at 44th Street and Baughman Court. Hollandsworth had approached Moody while he was in a parked car, and she used his driver's license to check for outstanding warrants, according to a federal affidavit.
Hollandsworth saw no active warrants for Moody. She then asked Moody if he had any weapons on him. Moody answered "no," but told her that she could search him.
n Moody's front pants pocket, Hollandsworth found a clear plastic bag "that contained a napkin that emitted a strong chemical odor" associated with the odor of cocaine, according to the affidavit. A spoon with suspected cocaine residue and about $2,321 separated in three bundles was also found.
Later that day, police searched Moody's home in Hampton and confiscated several items, including a 9mm handgun, according to the affidavit. Police also confiscated 170 grams of cocaine. Moody was charged with distribution of cocaine and a firearms offense.
Court records show that charges against Moody were elevated to federal offenses in late October. When a defendants' case is transferred from state court to federal court, the federal warrant is often served on the defendant during his or her state court appearance. Clancy says neither he nor his client was ever notified before the shooting that the charges against Moody had gone federal.
The federal charges made Moody a sought man.
Wanted man
The night of the shooting, Newport News police detectives Hollandsworth and Russel Tinsley were in an unmarked car monitoring city streets after a recent homicide, according to the prosecutors' office report. While on patrol, an agent with the Drug Enforcement Administration contacted Hollandsworth to tell her that Moody was wanted on a federal warrant. The agent gave Hollandsworth a description of a blue BMW they believed Moody was driving.Police located a car that matched the description, just before 7 p.m. on the 35th Street overpass to Interstate 664. Once spotting the car, officers ran a check of the license plate and saw that it was registered to Moody's mother. They waited for the driver to make a traffic violation before stopping the car, according to the report, which says the driver made an improper lane change.
Hollandsworth recognized Moody when she approached the car.
Officers Randy Gibson and Ryan Norris were on the scene as backup.
The details of what happened next differ between Moody and police.
Officers say that Moody initially complied with an order for him to place his hands on the steering wheel, but then removed his hands and reached for the center console of his car. Moody denies that he reached for the console.
Moody and Clancy declined to give a step-by-step account of what happened the night of the shooting, because of the pending lawsuit. They did provide some details.
Moody said he leaned over into the passenger seat with his hands over his head during the shooting.
"I was laying down when I got shot and my whole body just seemed like …" Moody said, his voice trailing off. "My legs lifted up under the steering wheel."
Moody said that he tried to get away from police by putting the car in neutral.
"I couldn't stop the car and they were still shooting through the car," Moody said. "I just kept on hearing bullets coming through the car … I feared for my life…They laid me on the cement and put a machine gun to my head. They said the only thing that can help you right now is to tell me where the gun is at?"
Moody told police he didn't have a gun.
Police initially said there was an exchange of gunfire between police and Moody. A day after the shooting police said no other weapons had been recovered except for the officers' guns.
Nearly a week later, police released a statement saying, "It does not appear that the suspect fired a weapon."
An unarmed man
After Moody was pulled over, Tinsley came to the driver's window and asked Moody to keep his hands on the steering wheel, according to the report.Moody "initially complied" until Tinsley attempted to place handcuffs on his left wrist.
"Moody immediately jerked his left hand away and then reached toward the center console with both hands," according to the report. "Tinsley repeatedly commanded, 'Don't reach!' Tinsley did not know what Moody was reaching for."
Tinsley leaned into the car, grabbed Moody's shirt and arm, but was not able to detain him, according to the report, which says that Moody grabbed the emergency brake, pushed the lever down "while continuing to reach for something in the center console."
"Hollandsworth could hear Tinsley repeating the commands to Moody, 'Don't reach!' as Moody continued to struggle with Tinsley," the report states.
Moody "ignored the repeated commands" and continued to reach his hands down and toward the center console, the report states. Hollandsworth, who was on the rear driver side, fired one shot into the car. Her shot didn't hit Moody.
"Gibson stated he saw Tinsley falling and it looked as if he went below the window line of the car," according to the report. "Gibson was concerned that Tinsley would be run over or dragged by Moody. Gibson continued to command Moody to stop.
As Moody was attempting to drive away, Gibson fired his weapon."
Gibson, who was on the passenger side of the car, fired his gun four times, according to the report. Two of the bullets hit Moody in the back and thigh.
During the shooting Tinsley was hit by "multiple bullet fragments," causing cuts to his face and a fractured nose, according to the report. Initially police were investigating whether a gunshot had caused his injuries.
Deadly force warranted?
"There was absolutely no reason to send two unmarked cars, wait to pull over an unsuspecting Mr. Moody, armed to the teeth, and engage in this behavior that led to my client being in a wheelchair," Clancy said.The prosecutors' office ruled the amount of force used by officers was not excessive.
"From the perspective of both Detective Hollandsworth and Detective Gibson, probable cause existed to believe that Corey Moody posed a threat of serious physical harm to Detective Tinsley and, therefore, the use of deadly force was legally permissible to prevent that harm," according to the report.
All four officers involved in the shooting have returned to work.
In Newport News, officers are allowed to use deadly force under three circumstances, according to the department's operational manual:
•To protect the officer or another person from what is reasonably believed to be an immediate threat of death.
•To prevent the escape of a fleeing felon when an officer has probable cause that the suspect will pose a significant threat to human life.
•To destroy an animal that represents an immediate threat to public safety.
There are limitations on officers' ability to use deadly force.
According to the manual, officers are not allowed to shoot from a moving vehicle except as a last resort, or shoot at a person in a moving vehicle if it is driven in a way that could harm the officer or others.
"I don't think an officer has to see a gun," said Mengyan Dai, an assistant professor in the sociology and criminology department at Old Dominion University. "Based on their experience, they can make good judgment about what to do next."
Dai said it's enough for an officer who "perceives a threat" to fire his or her weapon.
Ronald Bacigal, a professor at the University of Richmond School of Law, said a lot of cases involving police come down to "he said, she said. If you don't have film to go on or a witness, it's a question of 'Who do you believe?' "
Bacigal said more and more police agencies are getting cameras to prevent "he said, she said" situations.
There were no cameras the night of the shooting, Thurston said. Newport News police are in the process of getting more cameras for their officers. More than 40 officers are equipped with cameras that they wear on their bodies to record every interaction with the public.
In Newport News and Hampton, police-involved shootings are investigated by the prosecutors' office, which is the case for many cities across the country. Some localities will ask another outside agency to investigate these types of cases. The commonwealth's attorney's office rendered its report based on information provided by Newport News police about the shooting.
Moody was not consulted for his version of the shooting.
"No one reached out to Mr. Moody, his family, his attorney and asked for his side of events before the police were exonerated," Clancy said.
"Mr. Moody's redress is going to be in a federal courtroom seeking damages for what the police officers and the city of Newport News did."
'My life has changed'
There are moments of anger when Moody discusses the shooting, but other emotions are more noticeable. His tone is heavy with sadness and disappointment. He is a soft-spoken man who doesn't raise his voice even while retelling noticeably tough memories.Though he had no feeling in his legs after the shooting, Moody wasn't thinking he would be paralyzed. He thought it was a temporary injury that could be fixed at the hospital. A few hours after being in the hospital, the doctor came to talk to him.
"He came in there, ran me through the machine and said, 'I don't' think you're going to be able to walk again.' It was devastating," Moody said.
The bullet is still wedged in his back. Doctors won't remove it because it could cause more damage, said his mother, Shirley Johnson. Most days he spends in the bed. When he's not sleeping, he's back in his wheelchair.
The long stints in the chair have caused painful bed sores that his mother treats to make sure they don't worsen. He goes outside occasionally using a wheelchair ramp built onto the back of the one-story house.
His medical bills are in the hundreds of thousands of dollars. Moody uses Medicaid to fund his care. He no longer goes to physical therapy, but wants to return in the future.
Moody's federal charges are pending, with no new court date set.
Johnson said her faith in God has sustained her through her son's injury. Johnson says she has had to care for other family members with health needs before the shooting. She gets up every day around 6 a.m. to get herself ready for the day. She wakes Moody an hour later. The task of getting clean for the day is not simple. Getting Moody prepared to take a bath can take up to 15 minutes.
"I have to dress him every day, put him in the tub," Johnson said. "We don't really have the facilities to do that because the wheelchair is too large for the bathroom door and I'm pulling on him with another little scooter pushing him in the bathroom. Then I have to lift his legs over that, then he has to pull up around my neck and I have to set him on the chair to get a bath."
Moody is silent as his mother explains their bath routine.
"It's devastating," Moody says. "My life has changed."