Baton Rouge, Louisiana

From Baton Rouge’s WAFB.com of February 20, 2006

Bystander Fired Deadly Shot, Not Officer

There were two big developments Monday in the case of a motorist who was shot and killed along Greenwell Springs Road Friday after a fight with a police officer. Investigators say an autopsy shows the deadly bullet was fired by a bystander, not the officer. Police also announced that no charges would be filed in the case, either against the police officer involved or the bystander who fired the fatal shot into the head of George Temple.

East Baton Rouge Sheriff's spokesman Greg Phares says Officer Brian Harrision was escorting a funeral procession Friday when he pulled Temple over and wrote him a ticket for breaking into the procession. According to Phares, that's when Temple attacked Harrison. Police say Perry Stevens was walking outside of the Auto Zone on Greenwell Springs Road when he heard Harrison yelling for help. Harrison was reportedly on his back with Temple on top of him. That's when Stevens went to his car and grabbed his .45 caliber pistol.

According to Col. Greg Phares, "[Mr. Stevens] orders Mr. Temple to stop and get off the officer. The verbal commands are ignored and Mr. Stevens fires four shots, all of which struck Mr. Temple."

Perry Stevens fired four shots into Temple's torso. Officer Harrison had already fired one shot into Temple's abdomen. With Temple still struggling with the officer, Perry continued to advance toward the scuffle.

"He again orders Mr. Temple to stop what he was doing and get off the officer. Those commands are ignored and he fires a fifth shot and that hits his head. The incident is over with, and as you know, Mr. Temple is dead."

Police are calling the shooting death justified. Perry Stevens has a permit to carry a concealed weapon. Col. Phares would not give out any more details relating to the shooting. Both Phares and Baton Rouge Police Chief Jeff LeDuff stopped short of crediting Stevens with saving the officer's life. LeDuff says the entire incident is unfortunate.

"I spoke with his father at the scene briefly," said LeDuff. "I think this is a tragic situation all around."

9 News is told George Temple has a criminal record, and Officer Harrison was involved in a shooting while employed as a prison guard in East Baton Rouge Parish, where he was suspended for three days back in 1995.

From Baton Rouge’s WAFB.com of February 23, 2006

Eyewitness Gives New Account of Controversial Shooting

A witness has come forward to change one key detail in that shooting involving a police officer which has caused such an uproar in Baton Rouge. Auto Zone store records place this witness in the parking lot as the fight and deadly shooting occurred. The witnesses tells a story not heard before, claiming he heard exactly what was said between the officer and shooting victim, George Temple. Out of fear of retaliation, the witness has requested his identity not be disclosed.

The witness says he was parked just a couple of spaces away from the black Mercedes George Temple was driving. At first, he didn't pay much attention to the man getting a ticket from the police officer, until he heard Temple and Officer Brian Harrison start to yell at each other. The witness says Temple called the officer a punk and said "you're just jealous of my car" not long after the officer and Temple started to struggle.

According to the witness, "You could here them muffled... 'Mother' this and that. 'I told you not to mess with me, I told you -- I'm a beast, I told you not to mess with me. I told you, I told you.' "

The witness says the officer took quite a beating.

Witness: "I mean, Mr. Temple was a big man."

Reporter: "What was the officer saying?"

Witness: " 'Help me, help me!' That's when he started screaming."

That's when a bystander in a neckbrace, Perry Stephens, shot and killed Temple. Even though the witness believes Stephens likely saved the officer's life, he does take issue with one part of Stephens' story. The witness says he never heard Stephens give a threat or a warning before he shot Temple.

"The man probably saved the officer's life... but he did not give out a warning," he says. "But if this would have been on a dark road, we would probably be looking for a cop killer, to be honest with you."

Stephens eventually ended the struggle between Temple and Harrison with a shot to the back of Temple's head.

"I heard [Temple] had a daughter, my heart goes out to the family. But Mr. Temple was aggressive to the officer. If [the officer] would have shot him, I probably wouldn't have even called [channel 9]."

The NAACP is upset with the officer, the investigation and the Baton Rouge Police Department's policies. The witness sees it differently. "I say the officer did everything he needed to do. If I would have been pulled over, I wouldn't have had an attitude, because the officer did everything he was supposed to do."

The witness says he doesn't want any trouble or attention. He says he just couldn't sit on the truth anymore.

From the Baton Rouge Advocate of February 26, 2006

Louisiana law permissive on deadly force

The bystander who killed a businessman embroiled in a brawl with a Baton Rouge police officer may be aided by one of the nation’s most permissive justifiable homicide laws, legal scholars and others say.

Louisiana allows the use of deadly force in self-defense or defense of others to “prevent a violent or forcible felony involving danger to life or great bodily harm.” People also can shoot intruders inside a home, business or car even if there is no such threat — and need not make any effort to retreat.

That’s different from most states, which sanction physical force to prevent imminent physical danger and deadly force only when there is reasonable fear of “serious physical injury or death” — and the person in danger is otherwise unable to first safely retreat.

South Carolina, for example, limits bystanders to using deadly force only in instances where the victim “is in imminent danger of being murdered by the assailant, if the assault is malicious and unprovoked and with a deadly weapon” — and then only if there is “no other reasonable means of escape” and the victim and bystander are “without legal fault in bringing on the difficulty.”

“Louisiana has the broadest self-defense law in the country,” said Stuart Green, an LSU law professor who specializes in criminal law. “The questions raised in this case are, ‘Was the police officer in imminent danger of losing his life or suffering great bodily harm?’ and ‘Was the killing necessary to save him?’ But even if it wasn’t, the issue in this state is whether his purpose was preventing a violent forcible felony involving danger to life or great bodily harm. And I think you can make a good argument for that.”

Perry Stephens, 56, shot 24-year-old George Temple II four times in the chest cavity and once in the head after seeing him in a struggle over a traffic violation with Officer Brian Harrison, 32, on Feb. 17 outside an Auto Zone on Greenwell Springs Road.

Investigators have said Stephens — who was wearing a neck brace and using a cane — retrieved a gun from his car after hearing Harrison yell for help. After hearing shots, he asked Temple to get off Harrison and shot him four times when Temple did not comply. Stephens again unsuccessfully ordered Temple to retreat, then fired a fatal shot into his head, investigators said.

The East Baton Rouge Parish Sheriff’s Office continues to investigate the matter; the District Attorney’s Office ultimately will decide whether to pursue charges.

The National Association for the Advancement of Colored People publicly has called for an independent investigation by the U.S. Justice Department, but has not made a formal request.

(Much more)

From Baton Rouge’s WAFB.com of May 18, 2006

Grand Jury Declines to Indict in George Temple Shooting

A state grand jury Thursday declined to return any indictments in the deadly shooting of Baton Rouge motorist George Temple. On February 17th, a bystander shot and killed Temple as Temple fought with a Baton Rouge police officer during a traffic stop.

Police say Officer Brian Harrison initially stopped Temple for pulling in to a funeral procession. As the officer attempted to give Temple a ticket, Temple allegedly attacked the officer and began beating him with his fists, investigators said. At that point, the bystander, Perry Stephens, fired several shots at Temple.

Temple was shot multiple times, including a wound to the abdomen, from a single shot fired by the police officer, investigators said. An autopsy later determined one of the shots fired by the bystander, which hit Temple in the head, was the shot that killed him.

The state district court grand jury interviewed 12 civilians and several officers before deciding not to indict anyone in the case.

"What we tried to do is identify every witness of which we knew professed to know anything about this and present them to the grand jury so they could have a full view of every perspective that existed from the standpoint of witness statements," said East Baton Rouge Parish District Attorney Doug Moureau. Moreau's officer did not charge either the officer or the bystander in the case. The East Baton Rouge Parish Sheriff's Department, which was initially called in to investigate the shooting, also determined no charges should be filed.

The United States Justice Department, at the urging of several local black leaders, announced last month it would also investigate the case. State Representative Michael Jackson, D-Baton Rouge, is one of the leaders who called for the federal probe. Rep. Jackson said he was not surprised a state grand jury declined to return indictments in the case.
"I think that's why we asked for an independent investigation," Jackson said. "I wish that I could say that I'm surprised, but I'm not. We're going to rely 100% on the Justice Department and their investigation and wait and see what they have to say," Jackson added.

Baton Rouge Police Chief Jeff LeDuff, speaking to reporters late Thursday, said he credited Stephens with saving his officer's life. "It's time for this city to move forward," LeDuff said.