There's a reason why they are all flailing around ineffectually. Here is how a 'United States'-style treatment of a similar incident here went. (i)A mistrial, (ii) a hung jury, (iii) an acquittal:-
Pc is cleared of murder in car thief shooting
By Sue Clough, Courts Correspondent
THE first police officer to be charged with murder while on duty was acquitted by an Old Bailey jury yesterday.
Pc Hodgson, 49, a firearms expert, was part of the crew of an armed response vehicle that spotted a stolen sports car outside a shop in Barnes, south London, in February 1995. He shot David Ewin, 38, twice as he tried to drove the car "like maniac" in an attempt to escape.
Pc Hodgson's future is still under consideration by the Metropolitan Police and he remains suspended from duty. The incident has led to a wide-ranging review of police firearms procedures. Det Supt Aidan Thorne, of the Criminal Investigation Bureau, said outside court: "There are a large number of lessons to be learned and they are actively being considered."
Mr Ewin's mother, Jean, described the verdict as outrageous. She said: "People steal cars all the time - it's no excuse to shoot."
Pc Hodgson claimed that he had no other choice when he fired at Mr Ewin as he shunted backwards and forwards at high speed.
Mr Ewin, a convicted criminal on licence from a five-year sentence for armed robbery, was high on a mixture of cannabis, cocaine, heroin and alcohol.
John Bevan, QC, prosecuting alleged that Pc Hodgson fired in panic or anger, breaking his firearms training instructions, not only on the use of guns, but the circumstances in which they could be used. These stated: "Firearms may be fired only as a last resort when other methods must have been tried and failed or are unlikely to succeed under the circumstances."
Mr Bevan claimed that the shooting was "unnecessary" because there were other options open to the officer, and by the time he pulled the trigger of his regulation issue Glock pistol, Ewin posed no threat to him or to bystanders. "The only danger he posed was to the bodywork of the cars around him," Mr Bevan said.
Mr Bevan said Hodgson's partner, Pc Patrick Kelly, had never drawn his gun. He had described himself as "very confused and shocked because at no stage had he perceived it as an armed incident".
As Mr Ewin was hit, he shouted: "You bastard, you have shot me in the stomach." He was flown to hospital by air ambulance and was operated on, but died two weeks later.
When other officers arrived at the scene they found Hodgson pale and shaken. He said: "Why didn't he do as he was told . . . I had no choice."
As Mr Ewin tried to drive off, spinning the car wheels until they smoked, Pc Hodgson grabbed hold of his shirt and other vehicles boxed him in. There was a danger at this stage, said Mr Bevan, that Hodgson would be squashed between the cars. After trying to smash the windscreen with the butt of his gun, the officer moved to the pavement where he crouched down and fired two shots.
"The shooting of Ewin was unnecessary at a time when the physical risk to the defendant had passed because he was on the pavement and could have stepped back had he wished to," Mr Bevan said.
Hodgson said he fired his gun twice after Mr Ewin ignored all warnings to stop and because he believed his life and those of bystanders were at risk. He told the jury: "The danger was escalating second by second. I had tried everything else, all conventional methods, I fired as a last resort. I had never encountered anything like it before. I had never come across anyone so desperate to get away and ignoring everything."
Pc Hodgson, who has been in the police firearms unit, SO19, since 1980 said he had never before had to fire his weapon on operational duty. He said that without exception in his experience suspects confronted by armed police gave themselves up. When he drew his gun and shouted "Armed police" he had expected Mr Ewin to surrender.
Pc Hodgson said he regretted Mr Ewin's death but repeated that he believed that he had no choice. Mr Ewin had ignored his shouts of "Armed police" and the officer feared that he might be armed.
Pc Hodgson, who had denied murder and manslaughter, faced three trials before he was finally acquitted of murder and manslaughter. His first trial last December was aborted just before the jury was due to retire after an outburst from the public gallery (shouted allegations from the public gallery caused the judge to discharge the jury and declare a mistrial). The second jury was unable to agree a verdict.
Before the third trial started Richard Ferguson, QC, for Hodgson, applied for it to be stayed on the grounds of abuse of process.
He cited medical and psychological evidence that the prolonged ordeal had affected Hodgson's confidence and ability to defend himself properly. But the judge ordered that the trial should go ahead.
Det Supt Thorne said: "At the end of the day this is a tragedy for all concerned. A man has died and Pc Hodgson's future is now being considered. It is a very unusual set of circumstances that a man stands trial three times for murder."
