10/05/2021
REST IN HEAVEN Corey Jones
Ex-cop Nouman Raja is behind bars for killing a man. Here’s how he’ll try to win his freedom.
https://www.sun-sentinel.com/local/palm-beach/fl-ne-raja-trial-verdict-watch-20190307-story.html
Former South Florida police officer Nouman Raja is offering a dozen reasons why he deserves a new trial in the fatal shooting of stranded motorist Corey Jones almost five years ago.
But the No. 1 argument is a claim the tragic killing was “justifiable” in his job as a cop — something the jury in last year’s trial never considered based on a judge’s ruling.
https://www.sun-sentinel.com/topic/corey-jones-PEOCVC00406-topic.html
One prominent criminal defense attorney not connected to the case says Raja’s two felony convictions and 25-year sentence could be thrown out because of this issue.
“It’s a winner-winner, chicken dinner, it’s their ace in the hole,” said Eric Schwartzreich, a Fort Lauderdale lawyer who has represented other officers charged in shootings.
Raja’s appellate lawyer last month got the process rolling with a 75-page pleading with the 4th District Court of Appeal in West Palm Beach. The state Attorney General’s office will have several months to respond, and it would likely be another year before there is a final decision by a three-judge panel.
Former Palm Beach Gardens police officer appears in this undated prison photo. Raja, 42, is appealing a 25-year sentence in the 2015 fatal shooting of stranded motorist Corey Jones. (Florida Department of Corrections)
Former Palm Beach Gardens police officer appears in this undated prison photo. Raja, 42, is appealing a 25-year sentence in the 2015 fatal shooting of stranded motorist Corey Jones. (Florida Department of Corrections)
Records show Raja, 42, is locked up at a state prison in Ocala — the first Florida cop in three decades to be convicted for an on-duty shooting. The verdict was cheered by civil rights proponents upset by a series of disturbing police shootings of young black men in America.
Tow-truck call was crucial
The case centered on the events of the night of Oct. 18, 2015, on a southbound Interstate 95 exit-ramp in Palm Beach Gardens.
A drummer in a reggae band, Jones, 31, was trying to get a tow truck for his broken down SUV after a gig, when at 3:15 a.m. he was confronted by Raja, who had been working in plain clothes for a car burglary operation. Raja said he first thought Jones’ Hyundai Santa Fe was abandoned.
Tow-truck call was crucial
The case centered on the events of the night of Oct. 18, 2015, on a southbound Interstate 95 exit-ramp in Palm Beach Gardens.
A drummer in a reggae band, Jones, 31, was trying to get a tow truck for his broken down SUV after a gig, when at 3:15 a.m. he was confronted by Raja, who had been working in plain clothes for a car burglary operation. Raja said he first thought Jones’ Hyundai Santa Fe was abandoned.
The audio begins with loud chimes from Jones’ open car door. After Jones said, “Huh?” Raja, asked, “you good?”
“I’m good,” Jones replied.
“Really?” Raja responded. “Yeah, I’m good,” Jones said. “Really?” Raja replied. ‘Yeah,” Jones said.
At that point, Raja begins screaming, “Get your f------ hands up! Get your f------ hands up!”
“Hold on! Hold on!” Jones insists — his final words.
“Get your f------ hands up! Drop!” Raja said.
Within the next two seconds, three gunshots are heard on the recording. After about 10 seconds, Raja fired three more shots at one shot every second.
RELATED: Ex-cop Nouman Raja denied new sentence in killing of Corey Jones »
Raja’s counsel contends the tape should be interpreted differently, as an officer confronted with a dangerous situation who needed to make a split-second decision.
Jones, who worked by day as a Delray Beach city housing inspector, was hit by bullets in each arm, along with a fatal shot that tore through his heart and both lungs. Jones’ licensed .380-caliber handgun gun, which prosecutors said he had only for protection, was found 41 yards from his body, never fired.
Raja was found guilty of two charges, which on the surface may appear to be contradictory, but Circuit Judge Joseph Marx ruled were proper.
One conviction is manslaughter by culpable negligence, for the so-called reckless circumstances leading to Jones’ death, and the second conviction is attempted first-degree murder, for bullets that missed hitting Jones.
Attorney Steven Malone, who is handling the appeal for Raja, wrote that at the very least the appeals court should toss one of the convictions.
“Dividing the homicide into two charges, resulting in two convictions and sentences for the same conduct violates” the law, Malone wrote.
Police ‘use of force’ disputed
The main claim in the appeal is a challenge to a ruling by Judge Marx, which prevented the jury from considering whether the shooting could be viewed as “justifiable use of force by a law enforcement officer” under Florida law.
Prosecutors have contended that Raja wasn’t trying to make an arrest when he approached Jones, so he shouldn’t get the benefit of the law.
They wrote, “no facts were presented whatsoever which would create a jury question on the issue of whether the defendant was making an arrest at the time he shot and killed Mr. Jones.”
https://www.sun-sentinel.com/local/palm-beach/fl-ne-nouman-raja-resentencing-denied-20200226-wi2z2cueefgghihtygdsfwmlsi-story.html
Assistant State Attorney Brian Fernandes told the jury, “at no time [Raja] acted like a law enforcement officer.”
“He made a decision to shoot first and ask questions later … disgracing the badge that men and women wear,” the prosecutor added, blasting Raja as a “reckless killer."
John Kazanjian, president of the Palm Beach County Police Benevolent Association, has said his union remains 100 percent behind Raja and will continue to pay his legal expenses. Raja was fired from Palm Beach Gardens less than a month after the shooting.
“It's a sad day when a law enforcement officer who’s in fear for their life can't defend themselves when a person pulls a gun on them,” Kazanjian said after the verdict.
In the appeal, Malone explained how Raja’s trial attorneys were forbidden from giving the jury an instruction stating: “An arrest can be shown by shouted commands from the officer such as to stop, drop, or similar commands. The words ‘you’re under arrest’ or the like need not be spoken by the officer for an arrest to take place.”
Citing other previous appellate court decisions involving police shootings, Malone wrote this should have been left to the jury to decide because, “The evidence Officer Raja was engaged in an arrest at the time of the shooting is compelling.”
https://www.sun-sentinel.com/local/palm-beach/fl-ne-cb-nouman-raja-trial-preview-20190213-story.html
Question for the jury?
“Though the state relentlessly pilloried Officer Raja for what it contended was abuse of power by a law enforcement officer, it objected to the jury being instructed on the very law governing that officer’s use of force,” Malone explained. “The Court agreed with the state’s objection, and the jury never knew the standard for an officer to use force was far more forgiving than that which governs civilians.”
https://www.sun-sentinel.com/news/crime/fl-ne-peraza-stand-your-ground-win-20181213-story.html
Attorney Schwartzreich agrees. He represented Broward Sheriff’s Deputy Peter Peraza, who overcame a manslaughter charge for the 2013 shooting of an Oakland Park man who was carrying what turned out to be an unloaded air rifle.
Schwartzreich told the South Florida Sun Sentinel that the Raja case has some parallels to Peraza.
https://www.google.com/amp/s/www.sun-sentinel.com/local/palm-beach/fl-ne-nouman-raja-appeal-corey-jones-shooting-20200516-ifkiw6###rho3hu2qatekv5d7i-story.html%3foutputType=amp
In the red shirt is Corey Jones, who is the victim in this case.
In the Green scrubs (I believe is issued by the jail) is Nouman Raja.
Who is the ex-cop in Florida who shot at the victim, it seems six times. After Raja yelling commands at Jones, when it seems it was never clearly stated Raja was a cop coming up to investigate what Jones had been doing.
Raja didn’t have a bage on, or a police vest, and was riding in an unmarked police van. Jones, in my opinion, couldn’t have had any idea this was a cop giving him orders. Jones must have seen Raja as some random crazy man screaming at him, then eventually shooting him and then Jones actually died because of Raja.
Who in their right mind would think this is a cop coming up on me, all while nothing identifies this person as law enforcement and is approaching you from a distance, screaming crazy commands at you (most everyone would believe that this could turn into an attack).
Our natural first thought wouldn’t be this is a cop who doesn’t have any insignia displayed showing they are Law Enforcement, like police usually do, especially if they are approaching a suspect. We would most likely be highly suspicious of a person approaching us, in most situations and especially in one like this. We would most likely not follow any commands this random person is demanding us to comply with.
Remember Jones was broken down in his SUV and was waiting for the tow truck he had ordered. He’d have no reason to believe that the tow truck driver would be screaming commands that seem outrageous and irrelevant to the situation he was in. He most likely believes this was some crazy random person, who he was definitely unlucky to have met with that night.
Raja did seem to ask if Jones was “good”, and Jones said he was, according to the audio available. It does seem like misused power on Raja’s side, for not being clear about how he was an officer. Then he drew his gun to solve a non-violent situation, and then escalated the situation even further by becoming irresponsible and ultimately killing Jones, for absolutely zero reason, at all. All-while Raja was not clear by identifying himself as Law Enforcement, and was not clear in what his intentions were, nor why he was stopped to speak (go crazy on) to him. He was supposed to be a trained Law Enforcement, we would assume was taught how to approach and how not to approach any person, in almost all situations.
Supposedly Police Departments are teaching, and encouraging, Law Enforcement Officers to use deescalation techniques, and not to use force unless it’s absolutely necessary and to definitely not use deadly force, unless there was a real reason to fear their life was in immediate danger. At least that’s what Police Chiefs and the like keep stating to the public when engaging with the public, or trying to clean-up the actions Law Enforcement Officer’s. This must be the new script that Heads of Departments and Police Departments Media/Information Spokespersons are being encouraged, taught, and told to say in these situations.
Raja must have only been pumped up to catch car thieves, and forgot how to engage with the public, by at the very least staying calm and collected. We, as the public, can only hope an unmarked police officer (or any officer especially with the ability to kill) would, and especially identify themselves clearly as law-enforcement, if approaching some one/us, not including undercover work where the Officer isn’t going to engage with their suspect, with any enforcement thought of being used at that moment, i.e. an uncover controlled buy, or the similar.
Not every person standing by a car is a car thief...but it seems like to Raja any one standing next to a vehicle is a car thief of some type, and then on top of that, all car thieves have guns and are going to shoot someone that comes up on them as they do their car jacking. Kinds goes against common sense, which most everyone try’s to use in their daily lives.
___At my own home we have encountered people prowling around, where we aren’t sure what their intentions are. We don’t automatically assume any one around our home is a thief, or has ill intentions. We don’t take a gun with us to investigate every person around our property.
There have been two times where we investigated what is happening at our home and actually had a gun drawn to protect ourselves. That was when it seemed as if the person was trying to enter our home.
We’ve had people walk into our attached garage, while we’re home. We go and speak to them and assess  the situation without any intentions of violence happening. We have always been kind and used words to show we see them and that we know they could have ill intentions. Those times people entered our garage nothing went further then a conversation, of some sort.
A few months ago I confronted three grown men (and later could see a woman was waiting in their car as their driver) where one was in our garage, and the two others were walking around the property, like they were looking for someone, something or were checking the place out. The men looked shocked when they saw me open the house door to the garage and started ro speak to them immediately, and without fear, anger, or even judgment as to why they were in my attached garage, without permission, or my knowledge (at least they thought the occupants didn’t have knowledge of their actions at that exact time, but almost EVERYONE has some sort of home surveillance now). The men stated they were looking for help because they had ran out of gas...
What do you think I did to handle this odd situation? Ask me and I’ll tell you and how it turned out.____
REST IN HEAVEN Corey Jones
