Harry Jaffe: MPD still moving to fire cop cleared in federal court
By: Harry Jaffe
Examiner Columnist
November 20, 2009
A good cop scored a big win in federal court Thursday, when a jury absolved him of violating the rights of a man he shot in self-defense, in the line of duty.
The question is, will the victory in federal court persuade D.C.'s police department to stop trying to kick him off the force?
The case is full of sadness but tells street cops that their own police department will not back them up.
The story begins on Friday night, Aug. 3, 2007. Detective Kevin McConnell was on duty in the city's Seventh District, the bloody precincts east of the Anacostia River. Just after midnight, he drove past the Eddie Leonard Carryout near the corner of Good Hope Road and Alabama Avenue Southeast. He saw an African-American man banging on the Plexiglas service window.
Many cops might have continued back to the station house; McConnell sensed danger, pulled over and walked to the store. He was in plain clothes, Glock-17 semiautomatic holstered at his hip. He had been on the Metropolitan Police Department for 12 years; he had never fired his weapon on duty.
Entering the store, McConnell saw a large man trying to get behind the counter. The owner, Chen Kongri, had told the man, later identified as Jason Taft, that the store had closed at midnight. Taft had been drinking ethyl alcohol; he was in a rage.
"Police," McConnell said. "Stop what you are doing."
According to McConnell and a number of witnesses, Taft wheeled and rushed the cop. They wound up wrestling on the floor. Taft bit McConnell and thumbed him in the eye. They got up and threw punches, grabbed one another and brawled on the ground. Taft started to leave but turned and jumped McConnell again.
"I'm gonna choke you out, you [expletive]," Taft said.
McConnell was beginning to pass out. He had two thoughts: "I think I lost this fight." And, "Not tonight -- I'm not going to die tonight."
They fought over McConnell's pistol. The cop pulled it out, got a grip and fired. The bullet tore through his own thumb, but it also hit Taft in the thigh. He limped into the street. Fearing Taft would return, McConnell fired again and hit Taft in the side of his back. He died an hour later.
It took months for McConnell to heal. Not one police official visited or contacted him. Instead, the MPD accused him of a "bad shoot" and moved to terminate him.
Taft's family sued for wrongful death and sought $25 million. The case was argued in federal court this week. McConnell was represented by Robert DeBernardinis and Shana Frost with the D.C. Attorney General's Office. "I could not have had two better attorneys," he says.
Ironically, McConnell was scheduled to come before the MPD's Trial Board this week to defend himself against termination. The federal case forced a postponement.
McConnell deserves a medal, not a slap-down.
"Maybe," he says, "somebody will do the right thing."
Somebody, like Chief Cathy Lanier.
E-mail Harry Jaffe at hjaffe@washingtonexaminer.com.
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