Dash cam footage retrieved from Officer Amy Wilburn”s patrol vehicle which was recorded during the shooting incident in which she was involved at 9500 Military Parkway on December 9th, 2013.
The following account is summarized from the Internal Affairs investigation.
All radio transmissions indicated that the suspect vehicle was occupied by multiple individuals. Officer Wilburn transmitted over the radio she had observed multiple suspects passing her location and these suspects matched the description given by fellow officers.
At no time after the vehicle was located did officers lose sight of the vehicle, nor broadcast that any suspect had exited the vehicle until another officer reported that the driver of the vehicle fled on foot. The video shows Officer Wilburn did not conduct a felony “high risk” traffic stop to clear or challenge the vehicle, which reportedly contained multiple suspects who were possibly armed.
Officer Wilburn is seen running to the vehicle and not maintaining distance or taking the time a reasonable officer would while approaching a vehicle with armed suspects. Officer Wilburn approached the vehicle alone after two other officers began to chase the driver of the suspect vehicle on foot. Officer Wilburn approached the vehicle without proper cover or with her weapon at the ready position. A reasonable officer in fear for their safety would not have approached a vehicle containing possible armed suspects in this manner.
Officer Wilburn opened the driver”s side door of the still moving vehicle, observed Mr. Kelvion Walker in the passenger seat and immediately drew and fired her weapon. As she approached the passenger door where Mr. Walker was seated, she exposed herself to a possibly armed suspect, an action which a reasonable officer in fear for their safety would not have done.
Officer Wilburn dropped her weapon in the car before running to the passenger side. In the video, a second officer is seen reaching into the vehicle, removing Officer Wilburn”s gun and handing it to her over the roof of the car.
Officer Wilburn thenholstered her gun and failed to stay on target as a reasonable officer would have with a potentially armed and dangerous suspect. Mr. Walker stated he had his hands in the air when Officer Wilburn approached the vehicle and was not resisting nor reaching for anything.
An independent witness who observed the entire incident stated Mr. Walker had his hands up in the air the entire time, indicating surrender, and did not lower his hands until he was shot. After the shooting incident, a search was made of the vehicle and no weapons or contraband were found in the location.
Officer shoots an unarmed man with his hands in the air then drops her gun right next to him.