On Tuesday, a grand jury recommended against pursuing charges against Cedar Rapids police Officer Lucas Jones, who shot and paralyzed Jerime Mitchell during a traffic stop on Nov. 1.
Based on Jones’ testimony, Mitchell was combative, yelling expletives and egging on Jones when he warned he would release the police dog from his car. Jones claims he stopped Mitchell’s truck for a broken license-plate light and that he smelled marijuana upon approaching the vehicle.
Mitchell refused to comply with Jones’ orders, wrestling with Jones as he attempted to drive away. Jones had his left arm on Mitchell and was caught between the open door and the driver’s seat as Mitchell accelerated. Fearing for his life, Jones shot at Mitchell three times with intent to kill.
One shot in the neck paralyzed Mitchell; Jones broke free of the vehicle, which then hit a police SUV and several parked cars. Officers then administered CPR before paramedics responded.
A pound of marijuana, scales, and $1,500 in cash were found in the truck, and Mitchell had marijuana in his system at the time of the stop.
This is all according to the word of one man. Jones’ testimony was the only real evidence presented to the grand jury. Mitchell insisted to his attorney, Paula Roby, that he wanted to give a statement before police video from the scene was viewed, but, according to the Gazette, “was unable to speak until recently.”
Linn County prosecutor Jerry Vander Sanden said Mitchell had “numerous” opportunities to present his statement to the Iowa Division of Criminal Investigation, which reviews police killings to determine justification or lack thereof; the DCI investigative report has not been made available to the public. Vander Sanden confirmed Jones’ body microphone was nonfunctioning, and because the dash-cam footage from the traffic stop has yet to be released, the grand jury appears to have made a judgment without any real independent information. Vander Sanden said the grand jury had the opportunity to subpoena witnesses but did not and further declined to describe the evidence presented.
Given that this is the first time in at least a decade a grand jury reviewed a police shooting in Linn County, this seems like a deliberate collusion between Vander Sanden and the Cedar Rapids police to blur evidence that would potentially incriminate Jones as unjustified in shooting Mitchell.
Because of a lack of evidence, to make claims of Jones’ innocence or guilt would be wildly premature, and we do not presume to suggest that Jones is guilty. However, in absence of corroborating evidence, to take Jones’ word at face value is a violation of due process. Mitchell deserves a fair opportunity to present his side of the story, and a grand jury is entitled to presentation of objective evidence before making any decision on a highly charged case such as this.
If, as Vander Sanden said at a press conference, neither Mitchell’s statement nor audio of the confrontation would have changed the grand jury’s decision, then Vander Sanden must be willing to present this evidence to both the public and a new grand jury to truly exonerate Jones. This is a move people on all sides of this situation can support, as it will validate the side they believe to be telling the truth. Mitchell deserves to have his story told, and if Jones truly is innocent, he deserves to be declared not guilty via true due process.