Police: Bullet that hit man lying on ground with hands up was aimed at autistic patient

The North Miami police officer who shot an unarmed mental health worker caring for a patient actually took aim at the autistic man next to him, but missed, the head of the police union said Thursday.

It was a stunning admission from the police officer and from John Rivera, who heads Miami-Dade’s Police Benevolent Association. But it was one meant to calm the fears of a nation besieged with cellphone videos of police shooting and sometimes killing unarmed black men.

In this case, Rivera said, the officer ended up wounding the man he was trying to save.

“I couldn’t allow this to continue for the community’s sake,” Rivera said Thursday during a hastily called news conference at the union’s office. “Folks, this is not what the rest of the nation is going through.”

North Miami police and investigators have been tight-lipped since the Monday shooting, even as video of most of the encounter has been released. The story gained international attention and public pressure for answers mounted.

Earlier Thursday, North Miami Police Chief Gary Eugene spoke briefly for the first time, but said little other than that no weapon had been found and that the Florida Department of Law Enforcement had taken over the investigation. Miami-Dade State Attorney Katherine Fernandez Rundle said her office would wait for the findings of the investigation before determining if the officer should face criminal charges.

The chief didn’t take any questions and refused to name the officer. The city said he is a 30-year-old Hispanic male who has been on the force for four years.

Rivera called the officer who shot Charles Kinsey “decorated” and said he was a member of city’s SWAT team. The name of the autistic man hasn’t been released. He appears to be white or Hispanic on the video.

Rivera, at the end of his news conference Thursday, read from a statement he said was from the officer who shot Kinsey.

“I took this job to save lives and help people,” the officer said. “I did what I had to do in a split second to accomplish that and hate to hear others paint me as something that I’m not.”

Thursday night, about 40 Black Lives Matter protesters stormed into the North Miami Police Department demanding that the officer who shot Kinsey be fired.

‘Mr. Kinsey did everything right’

On Monday, a North Miami police officer shot Kinsey, 47, after, police said, the officer mistakenly believed that Kinsey was going to be killed by the 23-year-old autistic man playing with a toy truck who was sitting on the ground next to him. Rivera said the officer feared the autistic man had a weapon.

Police raced to the scene after receiving a 911 call saying there was a man in the roadway with a gun who was going to kill himself. When they got there, they found the man sitting on the ground with his truck and Kinsey, who was trying to coax the man back inside the nearby group home.

When police barked orders for the two to lie down with their hands up, Kinsey complied.

“Mr. Kinsey did everything right,” Rivera said.

The autistic man ignored the orders of police yelling for the men to lie down, though it’s not clear whether he understood them. Some of the officers were behind poles on the street. Others were behind their patrol vehicles.

Then, while Kinsey was lying on his back, head raised, with his hands in the air and the autistic man sat beside him, an officer fired three rounds from a rifle, according to North Miami police. One bullet found a target — Kinsey.

He was shot in the leg and transported to an area hospital where he continues to recover. He is expected to be released this week.

According to a law-enforcement source, the officer who shot Kinsey was taking cover behind a squad car and fired from at least 50 yards away. He shot after another officer, in a radio transmission, suggested the autistic man was loading his weapon, which turned out to be the toy truck, the source said.

In interviews, Kinsey said he repeatedly told police while he was lying on the ground that there was no weapon and not to shoot. Rivera said North Miami police couldn’t hear his cries. The union president didn’t know how far the police were from Kinsey.

Most of the confrontation was captured on a cellphone camera and the video has caused a buzz around the world. It was released to the Miami Herald by Kinsey’s attorney Hilton Napoleon. The attorney didn’t say if portions of the video were edited out. The footage doesn’t show the actual shooting. Calls and texts to Napoleon were not returned Thursday.

On Wednesday, only two days after the shooting, Napoleon said he was already in settlement discussions with North Miami’s manager.

The shooting took place about a block from the MacTown Panther Group Home where Kinsey worked. At one point Thursday a blue minivan filled with special-needs folks pulled up and workers escorted them by hand into the home. Neighbors say it’s not uncommon for adults to go on walks around the neighborhood, often in groups and always with a caretaker.

Retired firearms expert Robert Hoelscher, who spent 50 years with the Miami-Dade Police Department, said it’s hard to perceive how the situation was misjudged, but it was — grossly.

“I wish there was something positive I could say. You arrive on scene and a guy’s playing with a toy truck. Why do you bring out the assault rifle?” Hoelscher asked. “You can’t get enough training when you’re dealing with lethal force. This is as bad a situation as I’ve ever seen. It’s a good thing he was obviously a lousy marksman.”