The Tribune

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

AN 11-year-old boy who saw police kill his father testified during an inquest in the Coroner’s Court yesterday. 

The boy claimed his father was unarmed and had his hands in the air when he was shot in the back. 

Police killed Tony Jamal “Foolish” Penn Smith, Valentino “T-Boy” Pratt and Trevor “Coopz” Cooper on Commonwealth Avenue in the early morning of May 17, 2019. 

Tony Smith, Jr, Smith’s son, was six at the time of the shooting.

He told the court he was in the bedroom with his mother, father and nine-year-old brother just before police arrived.

He said his mother woke up his father when a white van entered the yard. Soon after, police stormed into the mansion, and the family heard gunfire downstairs.

He said Smith, Sr, put his head through the cracked upstairs bedroom door while holding Smith Jr’s brother as two officers came up the stairs.

He said Smith, Sr, dropped the boy when officers pointed weapons at him. He said his father held his hands up and said: “Please don’t shoot. Children are inside”. 

He said he was standing by the bed when an officer ran inside the room and shot his father from behind. The officer reportedly shot him again as he fell to his knees and then fell flat in the bedroom doorway. The child claims his father was shot two to three times and that both officers had AR-15s. He said his father was unarmed.

He said until that night, he had never seen a real gun.

 He said the officer who remained near the stairs during the shooting pushed his brother down several steps of stairs after he left the room. 

 Smith, Jr, described the officer who shot his father as tall, slim and dark-skinned.

 He said the officer in the bedroom gestured with his hands for Smith, Jr, to go downstairs. He and the other residents were taken outside and escorted to the Fox Hill police station. 

 Smith, Jr, told K Melvin Munroe, the attorney who represented the 15 officers who are the subject of the inquest, that he only knew one of the other dead men as “T-boy”. He explained that that was the name people called him while he was living in the home. 

 He told the attorney that he recognized the guns used in the shooting from the Fortnite video game and that he knew the difference between a real gun and a virtual one.

 The child couldn’t tell Ryzard Humes, an attorney for the deceased’s estate, if his father had a car. He said all he could remember was a silver and black car inside the mansion’s gate.

 While being questioned by Romona Farquharson Seymour, another attorney for the estates, Smith Jr said he never heard the police identify themselves that night. In addition to saying that officers never asked his father to put his brother down, he claims his father was silent as authorities shot him. 

 Inspector Jake Petty, a firearm inspector at the police armoury, testified that nine of the officers in the inquest were qualified to handle firearms. 

 He explained that officers are trained to assess situations to understand if they should arrest or draw firearms to subdue suspects. He also said it is up to the officers’ discretion whether to discharge their weapons and that they should stop firing if a threat is incapacitated or killed. 

 The officer told Mr Humes that he did not document the guns the officers had at the time of the shooting and that he couldn’t say who was responsible for doing so.

 He said the rules of engagement change for armed and unarmed suspects because an armed suspect is more dangerous. Asked if officers shoot near civilians, Inspector Petty said officers are taught to look at their surroundings before discharging their weapons.

 Inspector Petty told Mrs Farquharson Seymour that the 5.56 Colt M4 Rifle, which some of these officers were qualified to carry, looks similar to an AR-15 as they are in the same gun family.

 He agreed with her that officers should not fire on an unarmed suspect.

 Defense Force Chief Petty Officer Terrance Smith said the two Defence Force officers in this inquest were part of his Commando Squadron. 

 He said these officers passed basic training and have weapon proficiency.

 Chief Petty Officer Smith said his marines are trained to asses threat levels to ascertain the level of force needed to subdue threats. 

 When acting Coroner Kara Turnquest-Deveaux asked if their training was on par with the RBPF, the marine said no. He said because the Defence Force is military personnel, they train differently to accommodate their unique situations.