By NICO SCAVELLA
Tribune Staff Reporter
nscavella@tribunemedia.net
A CORONER’S Court jury was undecided on whether a police officer was justified in shooting and killing a 18-year-old man who tried to evade capture in a reported stolen vehicle.
The five-member jury returned a unanimous open verdict concerning the lawfulness of Phillip Armbrister Jr’s death at the hands of Detective Corporal Maurice Arthur in March 2016. The open verdict means the jury confirmed the death was suspicious, but was unable to reach any other verdicts open to them.
However, the jury unanimously found that D/Cpl Arthur’s colleague, Local Constable Benson Miller, acted lawfully when he shot and killed the man Armbrister was with, 21-year-old Kristen Russell.
According to police, both deceased men were shot and killed in the Sunset Park area on March 31, 2016, after fleeing a Nissan Sylphy registered to Neville Rolle and running to the rear of residence #54 on Vendell Drive while firing shots in D/Cpl Arthur’s and L/C Miller’s direction.
Prior to that incident, Mr Rolle had reported to police that sometime between 5.30pm on March 30, 2016 and 6.20am on the date in question, some unknown person/persons stole his champagne coloured Nissan Sylphy from his residence.
According to reports, while on mobile patrol in an unmarked car in the Sunset Park area, both D/Cpl Arthur and L/C Miller observed a champagne coloured Nissan vehicle with two male occupants acting in a suspicious manner. L/C Miller, who was the driver, decided to follow the vehicle.
After doing so, the Nissan vehicle picked up speed north along Vendell Drive before making a left turn onto Anthony Lane. The driver of that vehicle, said to be Armbrister, subsequently made a right turn into the driveway of a green trimmed white residence. Both occupants then got out of the vehicle while it was still moving, each brandishing a firearm.
The driver of the vehicle pointed his weapon in L/C Miller’s direction, who, in fear for his life, fired two shots from his police service revolver in the suspect’s direction. The suspect continued running north towards the rear of the residence and hopped the fence with the weapon in hand. After doing so, he again pointed his weapon at L/C Miller, who in turn fired another two shots at him.
The suspect ran for a short distance afterwards before collapsing on the lawn in front on residence #52, dropping the firearm in the process.
Meanwhile, after both suspects had exited the car as it was still moving, the passenger, said to be Russell, ran to the rear of a utility house and pointed a handgun in D/Cpl Arthur’s direction. Being in fear for his life, D/Cpl Arthur fired his police service pistol in the suspect’s direction and hit him.
Paramedics were subsequently called to the scene and upon examination of both males, pronounced them dead. Armbrister died of gunshot wounds to his torso and both upper extremities, while Russell died of a gunshot wound to the chest and left thigh.
Police said a green and black Canik 9mm handgun with four live rounds of ammunition was observed near Armbrister’s body. A white cell phone was also observed near his head.
Police also said they observed a black Austria .40 handgun with eight live rounds of ammunition near Russell’s body after the shooting.
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