What to Know
- Raja's attorneys had tried unsuccessfully to get a previous judge to dismiss the charges by invoking Florida's "stand your ground" law.
The former South Florida police officer who was convicted earlier this month in the death of a black motorist along a busy highway is asking for a new trial.
Lawyers for Nouman Raja filed the motion Tuesday asking a judge to consider a new trial. The former Palm Beach Gardens cop was convicted March 7th of manslaughter and attempted murder in the 2015 death of Corey Jones.
Raja’s lawyers say members of the jury were not instructed on what officers can use as justifiable force, according to NBC affiliate WPTV. The 41-year-old Raja faces a mandatory minimum of 25 years at sentencing April 26, and could spend his life in prison.
Prosecutors said Raja, one of few police officers nationwide convicted of an on-duty shooting, escalated what should have been a routine interaction. They charged him with attempted first-degree murder, saying that although they couldn't prove beyond a reasonable doubt which of the six shots killed Jones, the second volley was a conscious effort to kill him as he fled.
Raja, of Asian descent, was working on an auto burglary investigation team when he spotted Jones' SUV at 3:15 a.m. Oct. 18, 2015. Jones was returning home from a nightclub performance when his vehicle stalled. He had a concealed-weapons permit and carried a .38-caliber handgun, purchased days earlier to protect his $10,000 drum set, which was in the SUV.
Wearing plain clothes, Raja drove an unmarked van the wrong way up an off ramp and stopped a few feet from the broken-down vehicle.
The prosecutor said Raja never identified himself as an officer and acted so aggressively that Jones must have thought he was about to be carjacked or killed. Raja said he first thought the SUV was empty, but then saw Jones inside. Raja's supervisor testified the officer had been told to don a police vest if he approached a civilian. He didn't. Prosecutors also questioned why Raja didn't pull his badge from his pocket.
What police didn't know at first was that Jones had been talking to a tow-truck dispatcher on a recorded line. That recording shows Jones saying "Huh?" as his door opens. Raja yells, "You good?" Jones says he is. Raja replies twice, "Really?" with Jones replying "Yeah."
Suddenly, Raja shouts at Jones to raise his hands, using an expletive. Jones replies, "Hold on!" and Raja repeats his demand.
Prosecutors believe Jones pulled his gun and tried to get away. Raja fired three shots; Jones ran down an embankment. Prosecutors said he threw his gun, found 125 feet from his body, but Raja fired three more times, 10 seconds after the first volley. Jones was killed by a bullet through his heart.
A medical examiner testified Jones would have dropped feet from where the fatal shot struck him. He also was shot once in each arm.
C.J. Jones said his brother "was a good person" who wouldn't have confronted Raja.
"If that dude would have said he was a police officer right off the bat, this would have never happened," he said.
Raja's attorneys said Jones' initial "Huh?" shows the officer identified himself. The tape picked up something unintelligible and faint.
Prosecutors said Raja, not knowing of the tow-truck dispatcher recording, tried to deceive investigators. He told them in a video-recorded interview hours after the shooting he said "Police, can I help you?" as Jones jumped from the SUV. He told investigators Jones leapt backward and pointed his gun, forcing him to fire. Raja said Jones ran but turned and again pointed his gun, forcing him to fire the second volley.
Palm Beach Gardens fired Raja shortly after the shooting. He'd been under house arrest since he was charged in 2016.
Raja's attorneys had tried unsuccessfully to get a previous judge to dismiss the charges by invoking Florida's "stand your ground" law, but it ultimately played little part in the trial. The law was mentioned briefly during closing arguments, with the jury told Raja had no duty to retreat if he felt his life was threatened.
The last Florida officer tried for an on-duty killing was Miami's William Lozano in 1989. The Hispanic officer fatally shot a black motorcyclist who he said tried to hit him. A passenger died when the motorcycle crashed, setting off three days of rioting.
Lozano was convicted of two manslaughter counts in a Miami trial, but an appeals court dismissed the verdict, saying the case should have been moved because of racial tensions. Lozano was acquitted at a 1993 retrial in Orlando.