CA: Officer accidentally shot
man, will not be charged
By Catherine Rogers
PORTSMOUTH, Va. (WAVY) — A
Chesapeake officer who shot an unarmed man in Portsmouth will not be charged by
prosecutors, who say it was all just an accident.
Bill Prince, a spokesman for
the Portsmouth Commonwealth’s Attorney, said a Portsmouth police investigation
determined the shooting of 27-year-old Michael L. Smith was unintentional. He
said there was no evidence that Chesapeake Officer Elliot Boyd, Jr. had any
criminal intent.
Boyd’s police vehicle with a bullet hole
through the windshield, at the June 12, 2014 scene (WAVY).
Smith was walking near the
intersection of South Street and Cumberland Avenue around 2:20 p.m., June 12
when he was approached by Boyd in an unmarked patrol car. The officer was
trying to serve Smith outstanding warrants from Maryland for first degree
burglary, fourth degree burglary, malicious destruction of property, stolen
firearm, third degree burglary and theft $1,000 to $10,000, according to Lt. Joe
Zurolo with the Elkton Police Department.
“As the officers’ vehicle
approached Smith in an attempt to apprehend him, a firearm was discharged from
inside the unmarked police vehicle,” Portsmouth Detective Misty Holley said.
Boyd shot his firearm through the
windshield of his vehicle; the bullet grazed Smith’s arm and entered his chest.
“Yes, [the bullet] went through
the windshield … it struck me … and the bullet is still in me … I did not have
a gun … I did have a pocket knife,” Smith told WAVY.com from Portsmouth City
Jail several days after the incident.
Smith said Boyd’s partner
immediately questioned the officer’s actions: “The partner said, ‘why did you
fire?’ The officer who shot me then went back and sat in the car.”
Smith was carrying a plastic
bag at the time he was shot on June 12, 2014 (WAVY).
Smith was transported to
Sentara Norfolk General Hospital, treated, and several days later taken to
Portsmouth City Jail.
The Commonwealth’s Attorney’s
Office said Smith did not give Boyd any reason to shoot him.
Chesapeake Police Chief Kelvin
Wright released a statement this week, saying Officer Boyd — a 25-year police
veteran — remains on administrative duty while the department complete’s an
internal investigation of the incident.
“The purpose of this
investigation is to review and determine if the department’s policies and
procedures were correctly followed,” Wright said. “The conduct of the officer
as it relates to the performance of their duties will be evaluated and if
appropriate corrective action will take place.”
The results of the internal
investigation will not be released to the public, he said
