Man shot by Birmingham police did not shoot at officer, chief says: Watch body cam video
Birmingham police body-worn camera footage of a man shot by officers earlier this week showed that the officer was not shot at as was previously reported, Chief Scott Thurmond said Friday.
However, Thurmond said, the man was armed and police can shoot if they believe their life or the life of someone else is in danger.
State investigators recovered the Patton was carrying from Wednesday’s shooting scene as part of the ongoing investigation.
Police officials on Friday afternoon held a news conference to release the footage of Wednesday’s shooting of 28-year-old Jaylin Patton.
“We now know that after receiving more information and watching the videos, that was incorrect information and we wanted to clarify that in our efforts to be transport with the public,” Thurmond said.
“It’s very hard when we have these critical incidents to have all the information, all the facts immediately,’’ Thurmond said. “We wanted to be sure we clarified that our officers were not shot at but we do so in the video this individual did have a gun.”
“We will be putting some procedures in place so that we can get better information out to the media and the public moving forward,’’ the chief said.
Patton’s parents told AL.com Thursday that they didn’t believe he fired on officers and were distraught by cell phone video showing him being wounded while running from police.
His mother, Nicole Hillary, and father, Anthony Patton, said they haven’t been allowed to see or talk to their son but said they want the narrative changed about what led to him being shot.
“Everyone who knows Jaylin knows he’s a good-hearted person,’’ Hillary said. “Jaylin is very afraid of the police. He will run from the police, but as far as him shooting at the police, he would never.”
Thurmond said officers were trying to stop Patton for an “investigative traffic stop for some criminal activity the officers had witnessed prior to this event.”
Court records show Patton has been arrested on at least 16 criminal charges since 2018 including attempting to elude, drug distribution, drug trafficking, and receiving stolen property. He is a convicted felon and prohibited from carrying a gun.
Thurmond said more criminal charges will be lodged against him in connection with Wednesday’s incident.
The footage from dash cams and body-worn cameras released Friday show the officers trying to stop Patton on the interstate for an undisclosed traffic violation.
Patton’s Honda Accord doesn’t stop and instead drives into the grass on the side of the interstate and stopped at the chain-link fence that separates the area from a neighborhood.
Patton bails from the vehicle and takes off running.
Immediately an officer yelled, “Hands up. Get on the ground. Drop the (expletive) gun.”
Patton continued running eastbound on the shoulder of the interstate.
More than one officer repeatedly ordered Patton to drop his handgun.
Patton tossed the gun over the tall fence and then scaled the fence and jumped to the other side.
Once he landed from the jump, an officer yelled, “Don’t you pick that gun up” but Patton did, the video shows, and an officer opened fire on him.
Patton was struck in the buttocks. His injuries are not life threatening.
According to his family, it was the second time Patton has been shot in the buttocks.
“We now know that after receiving more information and watching the videos, that was incorrect information and we wanted to clarify that in our efforts to be transport with the public,” Thurmond said.
“It’s very hard when we have these critical incidents to have all the information, all the facts immediately,’’ Thurmond said. “We wanted to be sure we clarified that our officers were not shot at but we do see in the video this individual did have a gun.”
The incident began just before 4 p.m. Wednesday when an officer was conducting a traffic stop on I-20/59 northbound between Tallapoosa Street and Airport Boulevard.
Patton’s vehicle came to a stop and he bailed from his vehicle and took off running. A foot chase ensued.
“At some point, the suspect fired a shot at our officer and the officer returned fire,’’ Thurmond said Wednesday.
A call was broadcast over the police radio that an officer needed all possible assistance.
Dozens of officers flocked to the scene, both uniformed police and detectives. Alabama State Troopers and ATF agents also responded.
Patton was taken by Birmingham Fire and Rescue Service to UAB Hospital. Thurmond said his injuries were not life-threatening.
His family, as of Friday afternoon, still had not been able to see him. They also said they had not seen the police footage.
A passerby on the interstate recorded part of the interaction.
That video, which was sent to Hillary, showed Patton running from police and scaling the chain-link fence that separates the interstate from a nearby neighborhood.
Patton was running toward the neighborhood when an officer fired multiple shots at him through the fence, the video shows.
“It was awful,’’ Hillary said. “It instantly made my heart fall.”
The Alabama Law Enforcement Agency’s State Bureau of Investigation is leading the probe, which is standard policy for officer-involved shootings.
Hillary said Thursday she was confident her son didn’t fire any shots. He does have prior arrests, court records show, but none for violent crimes.
“He doesn’t want to go to prison for the rest of his life,’’ Hillary said. “He never fired at a police officer. He knows better than that.”
“If he would have shot at those officers, he would have been laying dead right by that car and my car would have been shot up,’’ she said. “They would have had the shell casings cones out there. None of that was out there.”
“It takes a lot to get any kind of anger out of Jaylin,’’ Hillary said. “He’s not a menace to society at all.”
Both parents said they were shocked by what they saw in the videos sent to them.
“It looks liked they were hunting. It was sad to see something like that,’’ Anthony Patton said. “They got mad because he got away and just started shooting.”
“We’re going to find out from him exactly what happened,’’ he said. “I want every officer who fired a gun to be held accountable.’’