|03.08.06 Deputy Pleads
Not Guilty To Shooting Vet
03.07.06 Victor Macias
Killed By Newark Police While Holding Toy Gun
Wednesday, March 8, 2006; Posted: 10:04 p.m. EST (03:04
Deputy Ivory Webb listens during his arraignment on
attempted voluntary manslaughter charges Wednesday.
(CNN) -- A sheriff's deputy
pleaded not guilty Wednesday to charges stemming from
the shooting of an unarmed Iraq war veteran in San
Bernardino, California -- an incident captured in
grainy, amateur video earlier this year.
San Bernardino County Sheriff's Deputy Ivory Webb
surrendered to authorities before the hearing. He is
charged with attempted voluntary manslaughter and a
weapons charge in the January 29 incident, which began
when police briefly gave chase to a car in which Air
Force security officer Elio Carrion was a passenger.
The charges against Webb carry a special condition of
great bodily injury, and if he's convicted, he could be
sentenced to 18 years in prison. (Watch how the deputy
told the man to get up before shooting him -- 1:00)
Webb wore a dark suit and spoke only once during
Wednesday's arraignment, saying, "Yes, your honor,"
after the judge asked a question about waiving his right
to a speedy preliminary hearing. (Watch the deputy in
court and how video has changed investigations -- 2:15)
San Bernardino County Superior Court Judge Michael A.
Smith rejected a defense motion to reduce Webb's
$100,000 bail to $50,000, noting he had previously
reduced the bail from $175,000. However, because Webb
surrendered voluntarily, the judge gave him until 4 p.m.
Friday to be booked and post bail.
Webb is scheduled to appear again in court April 28 for
a status conference on the case.
Carrion was shot after the driver of a blue Corvette
carrying the war veteran briefly tried to elude police
in a chase that exceeded 100 mph at times. The chase
ended when the driver crashed into a brick wall.
In the dark and grainy video taken by witness Jose Luis
Valdez, Carrion is lying on the ground with Webb
standing over him, gun drawn.
"Get up!" the deputy shouts.
"OK," says Carrion.
"Get up!" the deputy repeats.
"I'm going to get up," Carrion says, and as he begins to
rise, the deputy fires three shots, later said to have
hit Carrion in the chest, leg and shoulder.
Moaning and on the ground, Carrion explains that he's a
war veteran. "I mean you no harm," he tells the deputy.
"Shut the [expletive] up!" the deputy shouts twice.
The deputy then says he has "one down" and tells Carrion
again, "Shut the [expletive] up.
"You don't get up!"
A witness can be heard in the background, telling the
deputy, "You told him to get up."
Sheriff Gary Penrod said an internal sheriff's
department investigation is ongoing. Webb, a nine-year
veteran of the department, has been placed on
administrative leave until the investigation is
complete. (Watch the district attorney explain why he
pressed charges -- 5:43)
The FBI also is looking into possible civil rights
Carrion, who spent six months in Iraq and had only
recently returned to the United States when the shooting
occurred, spent several days in the hospital and is now
recovering from his injuries at home, according to a
statement from the district attorney's office, which
pressed charges against Webb on Tuesday.
Prosecutors also announced Tuesday they are charging the
alleged driver in the car chase, Luis Escobedo, with
felony attempting to evade police while driving
recklessly and misdemeanor driving under the influence.
CNN's Stan Wilson contributed to this report.