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New Castle County officers cleared in deadly January shooting

Delaware State News
Posted 12/20/21

WILMINGTON — The New Castle County police officers who shot and killed 30-year-old Lymond Moses on Jan. 13 have been cleared in the incident, according to a report released by the Delaware Department of Justice’s Division of Civil Rights & Public Trust on Monday.

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New Castle County officers cleared in deadly January shooting

Posted

WILMINGTON — The New Castle County police officers who shot and killed 30-year-old Lymond Moses on Jan. 13 have been cleared in the incident, according to a report released by the Delaware Department of Justice’s Division of Civil Rights & Public Trust on Monday.

In the report — issued in conjunction with the law firm Morgan, Lewis & Bockius — investigators claimed that Patrolman Roberto Ieradi and Cpl. Robert Ellis were justified in shooting Mr. Moses as he drove his car toward them.

Prior to the shooting, Patrolman Ieradi, Cpl. Ellis and Officer Sean Sweeney-Jones approached Mr. Moses in the area of Rosemont Avenue and East 24th Street in Wilmington.

The officers had a brief interaction with Mr. Moses before he fled and, after being cornered on a fenced-off street, turned around and accelerated forward in an apparent attempt to escape, the report stated.

The policemen were in the Riverside neighborhood because of a recent pattern of stolen vehicles being used in shootings and robberies.

The report added that Mr. Moses initially refused to comply with the officers’ instructions to get out of his vehicle and then drove away until he reached the dead end. The officers pursued Mr. Moses in their vehicles, leaving their cars and drawing their firearms once they reached the dead end.

Mr. Moses turned his car around and fully stopped, with his headlights pointed at the officers. Then, four seconds later, he proceeded to drive at a high rate of speed — causing his tires to screech — in the direction of the policemen, the report said.

One of the officers discharged his weapon seven times toward the windshield, the driver’s window and the back of the oncoming car.

Mr. Moses was shot in the head, causing his vehicle to swerve toward a second officer, who discharged his weapon twice toward the car.

Less than one minute passed between when Mr. Moses first drove his car away from the officers and when the last shot was fired, the report noted. Mr. Moses succumbed to his injuries and died.

A review conducted by Zane Memeger and his colleagues at Morgan, Lewis & Bockius concluded that the laws in place at the time of the shooting would not support a reasonable likelihood of conviction against any of the officers involved.

DCRPT made the same recommendation, and Delaware Attorney General Kathy Jennings agreed with both.

Those four seconds of gunfire have, for nearly a year, been the focal point of intense public discussion and of an in-depth investigation by DOJ and, subsequently, by an international law firm retained to review whether the evidence would support criminal charges.

Ms. Jennings said Monday’s report has been one of the most extraordinary and exhaustive use-of-force investigations that DOJ has conducted.

The report did note a need to train officers to discourage “the ineffective and dangerous practice of firing at moving vehicles, which has already been banned in major police departments from New York to Los Angeles.”

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