Detective: Ex-Palm Beach Gardens Officer's Statement Doesn't Match Tape of Killing

A detective testified Tuesday that a fired Florida police officer who fatally shot a stranded black motorist told him he identified himself as a police officer and ordered the victim several times to drop his gun before he opened fire, a version of events that differs significantly from what was captured by an audio recording the officer didn't know existed.

Palm Beach County sheriff's Detective Kenny Smith testified that former Palm Beach Gardens officer Nouman Raja told him hours after the October 2015 shooting that Corey Jones pointed a gun at him immediately after he identified himself as a police officer. In the recorded interview, Raja told Smith he yelled "drop your gun" repeatedly before he opened fire.

But a recording of Jones' call to a tow truck dispatcher captured the shooting. In the recording, Raja never identifies himself and is heard to open fire right after saying "show me your hands."

Smith told prosecutor Adrienne Ellis that Raja's statement was "inconsistent" with the recording and said he agreed with the decision to prosecute Raja. Under questioning by defense attorney Rick King, he agreed that officers frequently get details wrong after shootings.

Smith testified on the scheduled final day of a two-day hearing on whether Raja, 40, should stand trial this summer on manslaughter and attempted murder charges for the shooting.

Raja's attorneys are trying to convince Circuit Judge Samantha Schosberg Feuer to dismiss the charges under Florida's "stand your ground" law. They say Raja feared for his life when he opened fire on Jones, whose SUV had broken down as he returned from his reggae band's late night concert. Prosecutors say Jones, who had a concealed weapons permit, pulled his gun because Raja's failure to identify himself as a police officer made him fear he was confronting a robber.

Jones' brother, former National Football League player C.J. Jones, testified Tuesday that Corey Jones had recently bought the gun to protect his drum equipment, which cost about $10,000. He said his brother seemed calm when they spoke on the phone shortly before the shooting.

The "stand your ground" law says people can use lethal force if they reasonably believe their life is threatened, but they cannot have created the situation. Raja, who is of South Asian descent, is the first Palm Beach County law enforcement officer in 25 years to be prosecuted for an on-duty fatal shooting.

When Raja arrived, Jones was talking to the tow truck dispatch center. Raja drove the wrong way up the off ramp, pulling directly in front of Jones in a white, unmarked van and got out wearing jeans, a T-shirt, sneakers and a baseball cap. He is never heard identifying himself on the tape.

Sgt. Javier Garcia testified Tuesday he ordered Raja to wear a vest marked "Police" on both sides during the operation in case he needed to interact with civilians and to carry his radio. Both were found inside the van.

In the dispatch recording, Raja, a seven-year police officer who had joined Palm Beach Gardens six months earlier, yells "You good?" as he approaches. Jones says he is. Raja twice replies, "Really?" with Jones replying "yeah" each time.

Suddenly, Raja shouts for Jones to put his hands up, using an expletive. Jones replies "Hold on!" and Raja repeats his demand. Raja then fires three shots in less than two seconds. Ten seconds pass before three more shots are heard a second apart, apparently Raja firing as Jones ran down an embankment. Raja told investigators Jones kept pointing his gun at him; prosecutors say Raja saw him throw it down but kept firing, which is why he is charged with attempted murder. Investigators have been unable to determine when the fatal shot was fired.

Raja then used his personal cellphone to call 911, with the operator picking up 33 seconds after the last shot was fired. Only then is Raja recorded yelling orders to drop the gun; prosecutors say he was trying to mislead investigators into believing he hadn't seen the gun thrown. Jones' body was found 200 feet from the SUV and 125 feet from his gun, which was unfired.

Earlier Tuesday, forensic pathologist John Marraccini testified for the defense that the wounds Jones suffered to his chest and each arm were consistent with him pointing his gun at Raja but conceded under cross-examination they also could have happened after he dropped or threw his weapon.

Also, Mathew Huntsberger, a bandmate of Jones, testified they drank beer and smoked marijuana a few hours before the shooting. He also said Jones was "really mellow" and not confrontational.