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Lawyer: Witnesses Say Teen Shot By Officer Was Unarmed
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Published: July 1, 2008
Updated: 07/01/2008 04:12 pm
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CLEARWATER - An attorney for the family of Javon Dawson says she has presented several witnesses to the Pinellas-Pasco State Attorney's Office, and that all of them say the teenager was unarmed before and when he was fatally shot by a St. Petersburg police officer.
The only witness who says Dawson was armed is the officer himself, Terrence Nemeth, according to the attorney, Maura Kiefer.
On June 7, Nemeth fatally shot the 17-year-old in the back outside the Shining Light Masonic Lodge, where more than 200 young people had spilled out into the street during a graduation party.
Police maintain Dawson was pointing a gun at Nemeth as the teen ran away from the officer. They also say a gun was found near his body.
Kiefer's remarks came outside a courtroom this morning after she attempted to have a motion heard before Pinellas-Pasco Circuit Judge Robert Morris Jr. that would disqualify Pinellas-Pasco State Attorney Bernie McCabe from investigating the shooting.
Assistant State Attorney Kendall Davidson said his office had not been properly informed of the motion. Morris noted that he handles bond issues - not motions - on Tuesdays, and suggested Kiefer arrange a time on a Thursday to have the motion heard.
A date of July 10 was set later today .
Outside the courtroom, Kiefer said there was a conflict of interest with McCabe investigating the shooting.
"The officer who shot Javon Dawson … is currently employed by the St. Petersburg Police Department, and he is listed as a combined past or present witness for the prosecution in over 50 cases," Kiefer said. "We feel that is an actual conflict of interest."
Police officers routinely testify for prosecutors in criminal cases.
Chief Assistant State Attorney Bruce Bartlett said there was no substance to Kiefer's motion. If interpreted correctly, her allegation means "we would be unable to investigate anything ever involving a police officer," Bartlett said.
As for the witnesses, Kiefer said she presented five or six of them - including Dawson's younger brother Keon - to prosecutors last week. Prosecutors subpoenaed Keon's mother, Ollie Godfrey, to get her to make her son give a statement, but then Kiefer arranged for the Dawson family to meet with prosecutors, she says in court documents.
"Not one of them have indicated they have ever seen Mr. Dawson with a gun and they did not indicate he had a gun that night," she said. "Officer Nemeth is the only witness to date that claims to have seen Javon Dawson with a gun, to my knowledge."
Bartlett said: "I wouldn't characterize their statements as being that clear-cut, but we're still investigating."
Reporter Stephen Thompson can be reached at (727) 451-2336 or spthompson@tampatrib.com
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