Police Admit Liability In Firearms Incident

The case of my client Aaron Humphries fell under the media spotlight in July of this year, when West Mercia Police exonerated themselves for the ‘accidental’ shooting of Aaron.

The incident in question occurred on 2 October 2021, when Aaron was reported by a member of the public to have what they believed was a firearm in his vehicle – it was in fact a ‘BB’ gun. Aaron, who had fallen asleep in his car, awoke to the sound of shouting and realised that his vehicle was surrounded by Police officers who were training their firearms upon him.

In a state of shock, and following commands given by the firearms squad, Aaron exited his vehicle and stood by the open driver’s door. He was holding nothing in his hands, a fact which was clearly visible to the Police.

One of the officers approached Aaron with handcuffs, whilst another approached with a taser; ‘red-dotting’ Aaron with the less lethal weapon. Aaron remained fully compliant. Then, without warning, he was shot by one of the officers (identified as Officer B) with her carbine, a lethal weapon.

The bullet from Officer B’s carbine punctured the open door of Aaron’s car, hit Aaron’s left knee and then tore through his right leg, creating entry and exit wounds. Aaron fell to the floor, bleeding and in excruciating pain, before being rushed to hospital by ambulance for emergency surgery.

Following the incident, Officer B was interviewed by the IOPC (Independent Office of Police Conduct). Her account of events was that she accidentally fired her carbine whilst holding a large, heavy shield in her left hand and trying to apply the safety catch with her right hand. Indeed, body worn video records the officer shouting “Sorry, sorry!” immediately after her weapon was discharged.

Given the seriousness of this ‘unintentional discharge’ the IOPC – quite rightly in my opinion – determined that Officer B had a case to answer for misconduct, but the subsequently convened West Mercia Police misconduct panel concluded that the officer’s conduct had not breach the Standards of Professional Behaviour and Deputy Chief Constable Julian Moss released a statement to the press announcing that there had been ‘no misconduct’, although Officer B’s authorisation to carry firearms was revoked.

At that time, I released my own statement to the press, highlighting Aaron’s disappointment at the outcome of the misconduct proceedings (which had taken place behind closed doors). The officer in question had, even on her own account, negligently discharged a lethal weapon that had left Aaron crippled and unable to continue in his occupation as a civil engineer; it was sheer luck that the ‘rogue bullet’ did not kill Aaron – or in fact, one of the Officer’s colleagues or indeed an innocent bystander. I highlighted the fact that the public should not feel comfortable at the rather self-congratulatory attitude adopted by West Mercia Police, who seemed very pleased to see their officer get off ‘scot-free’ in misconduct terms. Officer B had chosen to accept the grave burden of becoming a firearms officer and had then shot a fully compliant and non-threatening suspect as a result of a gross and totally unforced error, yet she would face absolutely no personal or professional consequences as a result – unlike my client, for whom the consequences of his horrendous injury are likely to be life-long. Once again this seems to send the message that there is one law for the Police and one law for the rest of us.

However, I am pleased to confirm that there certainly will be institutional accountability for what happened to Aaron, as I have brought the full force of the civil law to bear against West Mercia Police in the form of High Court proceedings, in which they have now admitted full liability for assault and battery. Aaron will in due course receive a significant compensation award – though he would give it all up to change the trajectory of that bullet to a harmless one.