State Attorney: Officer Justified In St. Pete Shooting

A St. Petersburg police officer was justified when he fatally shot a teenager twice in the back June 7, the state attorney's office said Tuesday.

State Attorney Bernie McCabe's office investigated the fatal shooting of Javon Dawson, 17, outside Shining Light Masonic Lodge. In an eight-page letter to St. Petersburg Police Chief Charles Harmon released Tuesday, McCabe cleared Officer Terrence Nemeth of wrongdoing, citing witnesses and forensic evidence proving Dawson was armed.

The letter also indicates Dawson was involved in an exchange of gunfire hours before he died.

The St. Petersburg Police Department is conducting its own investigation of the shooting, which will be completed in 30 to 45 days, authorities said.

McCabe's findings were released a day after state Rep. Darryl Rouson joined St. Petersburg Mayor Rick Baker and four other public officials in an open letter to the community, asking for peace after the teenager's death and urging witnesses to come forward. Rouson said Monday that the frustration was evident in public protests by the International People's Democratic Uhuru Movement and private comments.

Omali Yeshitela, leader of the Uhuru Movement, said Tuesday that McCabe's findings were "suspicious" and "bogus."

"Anybody who read that statement ought to be able to see through it," Yeshitela said. The Uhurus will continue to seek justice for Dawson, he said.

"The struggle is going to be intensified," Yeshitela said.

Rouson said he hoped residents would not react violently to McCabe's findings.

"We want the community, right now, to not be in uprising," Rouson said. "The state attorney's office did a full, firm and fair investigation into what happened."

Rouson said there is "credible and conclusive evidence" that Dawson had a gun that night, and the issue now is keeping firearms away from children and teens.

Dawson died about 10:45 p.m. June 7 at 3167 Freemont Terrace S. after police responded to the Masonic Lodge to break up a graduation party with about 200 people.

McCabe's letter states 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, the letter states.

Nemeth saw an individual, later identified as Dawson, fire at least two shots at the crowd, then ran and pointed the gun at Nemeth, the letter states. The officer fired twice, striking Dawson, the letter states.

According to McCabe's letter, the Florida Department of Law Enforcement and an independent forensic laboratory conducted DNA analysis of a .38-caliber handgun recovered from the Masonic Lodge driveway after Dawson collapsed and died.

The tests found Dawson's DNA profile was consistent with DNA found on the weapon. Nemeth's DNA profile did not match DNA on the weapon, McCabe's letter states.

Additional tests discovered gunshot residue on the pocket area of Dawson's shorts, the letter states.

The letter 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.

Dawson's hands were not tested for gunshot residue because it wasn't required under St. Petersburg Police Department protocols.

McCabe wrote in the letter that by the time his office learned no samples had been taken from Dawson's hands, the autopsy procedure would have removed any residue and invalidated tests. So McCabe asked that Dawson's clothing be tested.

The Dawson family's attorney, Maura Kiefer, could not be reached Tuesday afternoon. In July, Kiefer asked the governor's office to assign a new prosecutor to investigate the shooting. Kiefer said there was a conflict of interest in McCabe looking into the shooting because Nemeth has testified in cases handled by McCabe's office.

Earlier on June 7, McCabe's letter states, Dawson and three other youths associated with a gang known as Third Avenue Boyz exchanged gunfire with another group. It occurred about 8:30 p.m. at 29th Street and Sixth Avenue South, the letter states, citing witnesses in the neighborhood who reported the incident.

The three other youths denied having a gun but told authorities they were there, McCabe said in an interview.

A witness reported to police that "Hollywood" had a gun, using Dawson's nickname, the letter states. When questioned by McCabe's office, the woman would not acknowledge seeing Dawson with a gun, the letter states.

However, she still said Dawson was at the scene, McCabe said. "Neighbors heard the gunshots. There clearly were guns there," he said. "I concluded they had guns."