Not guilty

(Times photo - Paul Natonabah)

Della John, the mother of the late Clint John, holds a portrait of her son and herself. A federal jury ruled against the John family June 5, saying the Farmington police officer who shot Clint John in 2006 was not guilty of using excessive force.

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Wednesday was the third anniversary of the shooting death of Clint John by police officer Shawn Scott in the Wal-Mart parking lot in Farmington.

John was 21, the age of legal adulthood.

Scott was a 50-something member of the Farmington city police force who was responding to a report that a man was beating and possibly raping a woman in the parking lot outside the store.

On June 1, Scott was in federal court in Albuquerque defending himself against a claim by John's family that he used excessive force in shooting John. The city of Farmington was also a named as a defendant.

A few days after the shooting took place on June 10, 2006, the San Juan Sheriff's Department exonerated Scott of any criminal blame in the case.

The family filed a wrongful death claim in civil court in an attempt to hold Scott and the city accountable for his actions.

On June 5, after a day and a half of deliberations, a jury of six women and two men returned a not-guilty verdict. The jurors told the judge they did not want to discuss the case with anyone.

None of the jurors were Native American, although a blog in the Farmington Daily Times incorrectly stated that some were.

Robert Duthie III and Kate Burke, two of three attorneys representing the John family, said three jurors had Hispanic surnames. The rest were white residents of the Albuquerque area.

As the jury's verdict was read, Della John, Clint John's mother, and Lynn Negale, Clint's girlfriend at the time of his death, broke down in tears.

Scott also began crying.

After court was adjourned, defense attorney Luis Robles said, "We understand the jury was asked to answer a very difficult question and we're entirely grateful that the decision was in our favor.

"Although I realize it is difficult for Clint John's family and friends to hear the verdict, I sincerely hope that they can find peace with loving memories they have for Clint John."

When the Navajo Times asked Robles for an interview with Scott, Robles turned to look at his client, who was standing at the defense table and crying, and said, "Officer Scott is not composed enough to make a statement."

'Couldn't they see?'

Outside the courtroom, Della John, her sisters, her adult children, and Negale cried softly as they huddled in small groups with their arms around each other.

John said through her tears, "Couldn't they see? Everything was there. Their witnesses lied at two places or another."

Duthie put his arm around her and said softly, "It's over."

Then Burke joined them, hugged John and said, "I'm sorry."

As Burke began comforting her clients, John said angrily, "You know it doesn't make any sense at all. They saw the Wal-Mart video. (Scott) was striking (Clint). (Scott) didn't do things he said he did."

She was referring to a store security video, which showed Scott driving up in his police vehicle, parking it, sitting in it for about four seconds, exiting, walking up to Clint, fighting with Clint after hitting him with a police baton, returning to his police vehicle, shooting Clint, and then walking back and forth from Clint's body to his police vehicle.

The entire incident spanned about 40 seconds.

Under oath, Scott testified that after he fired the fourth and fatal shot, he did not move until the arrival of a second officer about 40 seconds later.

"This was quite a terrifying thing and I did not move," Scott testified.

Scott denied pointing his gun at Negale, her daughter Mikayla Hayes, who was 4 at the time, and other individuals in the vicinity as he reportedly asked who'd been a witness.

Scott testified that when he arrived on the scene he saw Negale sitting inside a green pickup and John standing beside it.

Duthie questioned Scott about what was occurring between Clint and Negale when he arrived, setting the foundation for whether Scott "aggravated the situation" by his actions.

The plaintiffs later offered an expert witness, Dr. John Peters, who testified that an officer cannot create a dangerous situation and then shoot his way out of it.

Scott, Peters said, was obligated to use passive means, such as concealment or cover, to protect himself and did not do so in this case. Instead he got out of his car and walked directly up to the suspect, engaging him physically when John would not obey his commands and then striking John with a police baton.

The two men then scuffled and John wrestled the baton away from Scott, who retreated to his police cruiser, got his gun, and shot John three times in the chest and once in the head.

Peters was not asked to testify about the distance between the two when John was shot, but in a June 3 interview given afterward, Peters told the Navajo Times that the distance between John and Scott would be critical to a determination of whether deadly force was justified.

According to Peters, if John was holding the baton within striking distance of Scott, the situation definitely demanded the use of deadly force by Scott.

In a June 22, 2006, press release from the San Juan County Sheriff's Department, the police said Scott shot Clint "from an estimated distance of approximately six feet."

Scott testified that John was advancing on him and would not stop when ordered to do so.

No witness testimony at the trial placed John any closer than the six feet stated by sheriff's investigators.

Witnesses gave conflicting testimony on whether they saw a baton in John's hand, and whether he was advancing on Scott or standing still when he was shot.

No lights, siren, camera

Scott testified that he did not approach the scene with his siren or lights turned on, although he was responding to a possible domestic violence and rape situation.

He also did not turn on the camera in his cruiser, as is required by the city's police procedure rules.

The Johns' counsel cross-examined Scott on these points, because all of the disputed actions took place in view of the police camera and had it been operating, a clear video record of the incident likely would have resulted.

As it is, the only video of the incident is a blurry image taken from a store security camera located 120 feet away.

Under questioning, Scott confirmed there were several ways he could have turned on the camera, including a remote switch on his belt. His explanation for not turning it on was that he simply forgot.

Steve Boos, another lawyer representing the John family, noted that the defense repeatedly portrayed Clint John as "a bad guy doing bad things" - he had a long police record of domestic violence - and Scott as "the protector of citizens."

But Peters said, "You don't get the death penalty for beating your girlfriend. Police officers have the power of God to take a life but they cannot restore life. As such they have to be very, very careful about using deadly force."

On May 21, Clint John would have celebrated 24 years of life with his mother and siblings, Amber, Heidi, Errol and Preston. He was Della's youngest child.

Lynn Negale is now married and living out of state with her husband, who is in the military.

Shortly after Scott was exonerated of criminal charges in 2006, he was promoted to sergeant by the police department.

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