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Administrators Clear St. Pete Officer Who Fatally Shot Youth

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TBO.com

Published: November 3, 2008

Updated: 11/03/2008 02:49 pm

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  Javon Dawson

ST. PETERSBURG - Police administrators ruled this morning that St. Petersburg police Officer Terrence Nemeth did nothing wrong when he fatally shot 17-year-old Javon Dawson in June.

Nemeth had previously been cleared of wrongdoing by Pinellas-Pasco State Attorney Bernie McCabe. At the request of Gov. Charlie Crist, the Florida Department of Law Enforcement took a look at McCabe's investigation and found nothing wrong with it.

Nemeth's supervisors were looking to see whether Nemeth had violated any departmental policy, while McCabe's review focused on whether he broke any laws. Both investigations said he was justified in shooting Dawson after Dawson pointed a weapon in his direction.

At the time of the June 7 shooting, Nemeth was working with a team of officers as part of the department's Operation Safe Summer initiative. At 10:45 p.m., the sergeant in charge received a telephone call from the Shining Light Masonic Lodge, where a large party at the lodge had spilled out into the 3100 block of Freemont Terrace South.

Nemeth and other officers arriving at the lodge began to disperse the crowd of more than 250 people, according to a memorandum by police Chief Chuck Harmon that was released this afternoon. Nemeth heard screams and saw muzzle flashes from a firearm, and then saw Dawson with a gun.

Nemeth drew his department-issued handgun and ordered Dawson to drop the weapon, but Dawson ran away, pointing his own gun at Nemeth and then the crowd before firing one round, the memorandum says. Nemeth chased him and ordered him again to drop the weapon, as Dawson continued fleeing, the memorandum says.

While running away, Dawson looked over his right shoulder, raised the firearm and pointed it at Nemeth again, the chief's memorandum says. That's when Nemeth, in fear for his life, fired a shot, striking Dawson. Dawson flinched, continued running and then raised his gun again, and Nemeth fired a second time, striking Dawson again.

Dawson kept running, threw his gun into a driveway and then tripped and fell, the memorandum says. Dawson tried to get up, and Nemeth ordered him to stay on the ground, the memorandum says. Dawson soon died.

Nemeth's version of events was corroborated by forensic evidence and some witnesses' testimony, the memorandum says. Nemeth's chain of command – from Harmon to his patrol supervisor – found he was justified in shooting Dawson, the memorandum says.

"The St. Petersburg Police Department acknowledges that any death involving our youth is tragic, especially one in which an officer had to use force in this manner," Harmon wrote. "However, based on the reviews of the testimony and circumstances as they were presented, Office Nemeth was in full compliance of our Use of Force policy in utilizing Deadly Force in this situation.

"Testimony provided indicated that there were other young people in possession of firearms that evening," Harmon wrote. "We remain concerned over this fact and will continue to work hard to develop strategies to keep firearms out of the hands of our youth," the chief wrote.

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