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Crist Requests Review Of Dawson Death Investigation

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By STEVEN GIRARDI and COLIN HACKLEY

The Tampa Tribune

Published: August 14, 2008

TALLAHASSEE - Gov. Charlie Crist has asked state law enforcement officials to review a state attorney's investigation that cleared a St. Petersburg police officer in the shooting death of teenager Javon Dawson.

About 25 protesters, including Dawson's family and members of the International People's Democratic Uhuru Movement from St. Petersburg, rallied Wednesday in front of the Capitol to demand a new investigation. They brought 1,700 signatures with petitions asking to remove State Attorney Bernie McCabe from the case.

Several of them met with the governor's chief of staff, Eric Eikenberg. They received a copy of the letter Crist sent Tuesday night to Florida Department of Law Enforcement Commissioner Gerald Bailey asking the agency "to review State Attorney McCabe's findings and case file to ensure that a complete and thorough investigation was conducted and no additional action is necessary."

Governor's spokesman Sterling Ivy said Crist wanted to wait until McCabe's investigation was completed before getting involved.

Diop Olugbala, an Uhuru organizer, said he was pleased with the letter and that the group is getting closer to an independent investigation.

"It's clear the demands of this committee were heard," he said. "This is definitely progress."

The group is angry about a report by McCabe issued Tuesday that cleared St. Petersburg police Officer Terrence Nemeth in the death of Dawson on June 7.

The report determined that Nemeth was justified in shooting Dawson, 17, as a crowd of people swarmed outside the Masonic Shining Light Lodge at 3101 Freemont Terrace during a graduation party that grew larger than expected.

Omali Yeshitela, an Uhuru leader, called McCabe's findings "suspicious" and "bogus" on Tuesday. The group contends McCabe's relationship with St. Petersburg police is too close, and questions reports that Dawson was armed and posed a threat to the officer.

McCabe's report was released a day after state Rep. Darryl Rouson, St. Petersburg Mayor Rick Baker and four other public officials called for peace and patience with the investigation. Rouson said Monday that frustration was evident in public protests by the Uhuru Movement and private comments.

"The state attorney's office did a full, firm and fair investigation into what happened," Rouson said Tuesday, expressing hope that there would be no violence.

He said there is "credible and conclusive evidence" that Dawson had a gun that night.

Dawson died about 10:45 p.m. after police responded to the Masonic Lodge to break up a graduation party with about 200 people.

McCabe's report says that Nemeth heard screams in the parking lot and saw muzzle flashes from a firearm being discharged in the crowd. He drew his weapon and commanded the shooter to drop the weapon.
Nemeth saw a person later identified as Dawson fire at least two shots at the crowd. Nemeth ran after the person, who then pointed a gun at him, the letter states. The officer fired twice, striking Dawson.

McCabe's report said DNA found on the .38-caliber handgun recovered in the lodge driveway was consistent with Dawson's, according to an analysis by the Florida Department of Law Enforcement and an independent forensic laboratory. Additional tests discovered gunshot residue on the pocket area of Dawson's shorts, the report states.

It also cites two witnesses who saw Dawson with a firearm, showing off the gun while in the parking lot of the Masonic Lodge and firing shots outside the building.

Reporter Steven Girardi may be reached at (727) 451-2333 or sgirardi@tampatrib.com. Photographer Colin Hackley can be reached at (850) 294-3442 or chackley@tampatrib.com.

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