PORTSMOUTH, Va. — Roughly six years after a Portsmouth shooting a police officer is standing trial. Officer Jeremy Durocher is accused of maliciously wounding a fleeing burglary suspect Deontrace Ward, then 18, when he shot him in the back. Tuesday a judge lessened the charge from aggravated malicious wounding.
On day two of the trial the jury learned more about the incident that took place on October 29, 2017 in the 1100 block of Tatem Avenue. One neighbor explained he called 911 after seeing suspicious people outside his home. Another witness said she saw a man climb from a broken window. Both said they thought that man had a gun.
"This was a handgun, you could see it. You could see the metal . . . I ducked down into the car. I was afraid to get up," testified a woman who had been driving to work when she was stopped near the scene.
But some of the eyewitness testimony wasn't consistent with Officer Durocher's body camera footage. It has been years since the incident.
One neighbor said he heard Officer Durocher yelling at the suspect to drop a gun before shots were fired. The body camera video appeared to show a shot fired before the officer yelled out.
Officer Durocher shot burglary suspect Ward in the arm, shoulder, and back as Ward fled. Medics were called to treat Ward at the scene and took him to the hospital where he underwent surgery.
Officers testified to locating a loaded gun on Ward in his pants down near his ankle.
Ward later pleaded guilty to armed burglary and other charges. He was incarcerated and has since been released. He testified at the trial Monday.
Officer Durocher is still with the police department. Shortly after the shooting investigators cleared him of wrongdoing and allowed to remain with the police force.
At the trial, the defense team claims Durocher was doing his job and protecting the public.
"Yes there were several citizens out," testified Officer Callahan who was on scene that day. "Our objective was to determine if anyone was in the home and to safeguard the community." Officer Callahan did not see the shooting take place.
The defense team said police policy indicates officers can shoot if an armed suspect is running towards others even if that's away from an officer.
"They're not to wait. That's in order to protect and preserve life," testified then assistant chief of police Angela Green.
But the commonwealth said shooting a fleeing suspect, especially in the back, is a "last resort" according to policy. They said police policy indicates that force is to be used "only" when other means of capture have been exhausted.
The defense team plans to call two more witnesses to the stand Wednesday. That may include Officer Durocher. They also plan to take the jury to see the site of the shooting in person.
Tuesday the jury lost both alternates. One did not show up, and another was removed from the courtroom.
Attorneys hope to hand the case to the jury to decide Wednesday.
