S.B. Deputy Charged in Shooting After Chase

LA Times
Aug. 24, 2005

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A San Bernardino County sheriff's deputy who shot a suspect three times while being videotaped was charged today with attempted voluntary manslaughter and faces 18½ years in prison.

San Bernardino County Dist. Atty. Michael A. Ramos announced that charges have been filed against Deputy Ivory Webb Jr. It is the first time that Ramos' office has filed a criminal charge against a law enforcement officer involved in an on-duty shooting.

Webb shot Elio Carrion, an Air Force police officer who had served in Iraq, after a high-speed chase that ended in Chino. Carrion was a passenger in the vehicle.

At a press conference, Ramos said the evidence showed that Carrion was obeying Webb's order to get up when the deputy opened fire.

"We listened to it [the videotape] over and over. Not once did we hear Deputy Webb say, 'Don't get up.' We heard, 'Get up,' " Ramos said.

Webb "was a deputy who according to the law acted unreasonably," Ramos said.

In the videotape shot by a man standing nearby, Carrion, 21, appears to be obeying Webb's commands to get up from the ground when the deputy fires three times from close range.

Carrion, a senior airman who had recently returned from a tour of duty in Iraq, continues to recover from his wounds.

"Thank God that God was looking out for Elio Carrion when he was shot at point-blank range," his lawyer, Luis Carrillo, said this afternoon.

Carillo said his client's survival was "a miracle," and the fact that the videotape was made was a second miracle. He said Carrion is struggling with his physical therapy, but was upbeat on Sunday.

Webb, an eight-year veteran of the department who was based at the Chino Hills station, is the son of a former Compton police chief. The deputy, who was placed on paid administrative leave after the shooting, also is a former University of Iowa wide receiver who played in the 1982 Rose Bowl.

The Jan. 29 shooting occurred after Webb was involved in a high-speed pursuit at speeds of more than 100 mph through a residential area in Chino.

After the Corvette crashed into a fence, a resident on the street, Jose Luis Valdes, began videotaping the incident. In portions of the poor-quality recording, Carrion is sprawled on the ground and tells Webb that he is "on the same side" as Webb and means him "no harm."

After repeatedly ordering Carrion to stay down and "shut up," Webb appears to tell Carrion to "get up, get up," then fires three shots at the airman as he begins to rise.

Both Ramos and San Bernardino County Sheriff Gary Penrod took the unusual step of expressing concern for Carrion and his family after the incident. The FBI also launched an investigation into the shooting, and was asked to enhance the quality of the video.

The San Bernardino County district attorney has reviewed 131 officer-involved shootings and in-custody deaths since 2000.

The driver of Carrion's car, Luis Fernando Escobedo, was charged with attempting to evade a peace officer while driving recklessly and driving under the influence, carrying a maximum of three years in state prison.

Ramos acknowledged the difficulties facing his prosecutors, given Webb's eight years on the force.

"This is a very difficult decision for us," Ramos said. "But when the facts say a crime has been committed, it is our duty to file charges. We will let the community decide if it's a crime."