Man wins civil suit over 2007 police shooting

Jury finds use of excessive force

Wednesday, May 27, 2009

The jury found that 28-year-old Robert Lee Commodore's constitutional rights were violated and Dfc. Joseph Windsor used excessive force, said his attorney James Butler of the Butler Legal Group in Washington, D.C.

Commodore was shot just below his armpit, with the bullet lodging in his chest area, by Windsor on Jan. 10, 2007, during a traffic stop.

According to a police investigation, while Windsor was checking the vehicle identification number, Commodore grabbed a dark object from the car and started to run away from the scene. Windsor shouted for him to stop and at one point Commodore turned toward Windsor pulling something out from his waistband and Windsor fired two shots, one striking Commodore.

"The jury's findings were consistent with what we found," Butler said, which was that Commodore was shot in the back while he was fleeing and he was unarmed.

A Calvert County grand jury cleared Windsor in the shooting, concluding that it was justifiable, agreeing with the evidence from an investigation by the sheriff's office. Windsor remained on the force.

Some county residents were upset by the decision not to charge Windsor and the Calvert County chapter of the NAACP expressed its concern about the case and the fact that Windsor was a white officer while Commodore was black.

Members of the NAACP, Concerned Black Women and Concerned Black Men groups, along with citizens, attended a hearing on Feb. 7, 2007, in which the sheriff's office explained the surroundings of the shooting. Det. Sgt. Mike Moore addressed the group and reviewed the traffic stop, which happened because of an issue with the license plates.

Moore said at the hearing that the bullet entered through Commodore's side near his armpit and lodged in his chest. Commodore was found about 70 feet away from where Windsor shot him, and Moore explained that Commodore could have run further before he fell to the ground.

In the investigation, it was learned that Commodore had a hair net in his hand which was found to have cocaine inside and he was arrested for possession of cocaine with the intent to distribute.

A complete investigation was done at the time, and Sheriff Mike Evans said Friday that there will be no further investigations.

"We exonerated him," he said. Windsor made a split-second decision thinking Commodore had a gun, Evans said. The deputy did what's he's trained to do, Evans added.

"I don't understand how the [U.S. District Court] jury came to that conclusion," Evans said. The evidence in the case does not show the deputy used excessive force, he said.

The jury awarded Commodore $1 in the civil suit, so this says something to the merit of the decision, Evans said.

Butler said "the award was nominal," but was pleased with the jury's verdict.

"We believe justice was served. The jury made the decision they felt was appropriate," Butler said.

Judge Deborah K. Chasanow presided over the two-day trial and it took the jurors another day to deliberate for the verdict, he said.

This sends a message to Calvert County about using excessive force, Butler said.

Commodore pleaded guilty to possession with the intent to distribute a narcotic on July 27, 2007, for the Jan. 10, 2007, incident.

He was sentenced to 15 years with all but five suspended and is currently serving his sentence in the Department of Corrections, according to judicial records.

charvat@somdnews.com