Ex-officer sentenced 25 years in fatal shooting of black musician waiting for tow truck

/ CBS/AP

For the first time in nearly 30 years, a Florida police officer was sentenced to in prison Thursday for an on-duty fatal shooting. Former Palm Beach Gardens officer Nouman Raja was sentenced to 25 years after being convicted in March of manslaughter and attempted first-degree murder for the 2015 shooting of Corey Jones, a 31-year-old African-American drummer whose SUV had broken down on an interstate.

Circuit Judge Joseph Marx could have given Raja a life sentence. Marx imposed a 25-year sentences on both convictions, to be served concurrently, following emotional statements from family and friends of both Jones and Raja. Marx called the case "heartbreaking."

Raja must serve out the full 25 years, reports CBS affiliate WPEC-TV. His lawyers plan to appeal.

Nouman Raja in court during a sentencing hearing April 25, 2019. WPEC-TV

Prosecutors said Raja, one of the few police officers nationwide convicted of an on-duty shooting, escalated what should have been a routine interaction into a deadly confrontation.

After last month's verdict, the Jones family and their attorney, Benjamin Crump, replied in unison when asked what sentence Raja should receive: "What Corey would have got if he shot Raja." The officer, who had been on house arrest, was jailed after the verdict. Speaking Thursday, Jones' family implored the judge to impose the maximum sentence.

Marx had previously rejected motions by Raja's attorneys to throw out the verdicts. They argued that the evidence didn't support his conviction and that Marx should have instructed jurors to consider whether Raja's use of force was justified under Florida's "stand your ground" law.

The last Florida officer sentenced for an on-duty killing was Miami's William Lozano in 1989. The Hispanic officer fatally shot a black motorcyclist who he said tried to hit him. A passenger died when the motorcycle crashed, setting off three days of rioting.

Lozano was convicted of two manslaughter counts in a Miami trial and sentenced to seven years, but he never served it. State appellate court justices dismissed the verdict, saying the case should have been moved from Miami because of racial tensions. Lozano was acquitted at a 1993 retrial in Orlando.

coreyjones-3.jpg
Corey Jones, a Florida musician, was shot and killed by plainclothes cop in Palm Beach Gardens, Fla., on Oct. 18, 2015. Courtesy Jones family

Raja, of Asian descent, was in plain clothes as part of an auto burglary investigation team when he spotted Jones' SUV at 3:15 a.m. Oct. 18, 2015. Jones was returning home from a nightclub performance when his vehicle stalled. He had a concealed-weapons permit and carried a handgun, purchased days earlier to protect his $10,000 drum set, which was in the SUV.

Raja, wearing jeans, a T-shirt and a baseball cap, drove an unmarked van the wrong way up an off ramp and stopped a few feet from the broken-down vehicle.

Prosecutors said Raja never identified himself as an officer and acted so aggressively that Jones must have thought he was about to be carjacked or killed. Raja's supervisor testified the officer had been told to don a police vest if he approached a civilian. He didn't. Prosecutors also questioned why Raja didn't pull his badge from his pocket.

What police didn't know at first was that Jones had been talking to a tow-truck dispatcher on a recorded line. That recording reveals Jones saying, "Huh?" as his door opens. Raja yells, "You good?" Jones says he is. Raja replies twice, "Really?" with Jones replying "Yeah."

Suddenly, Raja shouts at Jones to raise his hands, using an expletive. Jones replies, "Hold on!" and Raja repeats his demand.

Prosecutors believe Jones pulled his gun and tried to get away. Raja fired three shots; Jones ran down an embankment. Prosecutors said he threw his gun, but Raja fired three more times, 10 seconds after the first volley. Jones was killed by a bullet through his heart.

Prosecutors said Raja, not knowing of the tow-truck dispatcher recording, tried to deceive investigators. He claimed he said "Police, can I help you?" as Jones jumped from the SUV. He also told them Jones leapt backward and pointed his gun, forcing him to fire. Raja said Jones ran but turned and again pointed his gun, forcing him to fire the second volley.

Prosecutors charged Raja with manslaughter, saying his actions created the confrontation and showed "culpable negligence." They also charged him with attempted murder, saying that although they couldn't prove beyond a reasonable doubt which of Raja's six shots killed Jones, the second volley was a conscious effort to kill him as he fled.

Raja's defense asked Thursday that a judge sentence Raja on the manslaughter conviction alone, a request the judge denied.

Florida jury convicts cop in on-duty shooting for first time in 30 years

First published on April 25, 2019 / 3:54 PM

© 2019 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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