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3:44 a.m. • 2-11-12

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Jury deliberates in civil trial over Clayton police shooting


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manuel-pena

Jury deliberations began Monday morning in a federal trial involving a Clayton man suing three police officers who shot him more than five years ago.

Manuel Pena was inside his home on Feb. 2, 2004, when, court documents show, the officers fired 16 rounds of ammunition, striking Pena twice.

Pena claims that officers used excessive force against him and violated police department policy. He is seeking compensatory and punitive damages for physical and emotional injuries, as well as property damage, lost wages and medical expenses.

Jurors began deliberating at 10 a.m. and by day's end still had not reached a verdict. They were expected to reconvene Tuesday.

Officers Jeffrey Ray Porter, James Bennett Barbour and Jason Glenn Barnes had been looking for another man at the time of the shooting who had gotten away from authorities. When they knocked on Pena's door, according to a report, Pena was holding a rifle and did not respond to commands to drop the gun.

According to the lawsuit, Pena was armed with a .22-caliber rife because he thought a predator had frightened his chickens and dogs. Pena, a U.S. citizen who speaks little English, did not hear or understand the officers' instructions to put down the weapon, the lawsuit says.

Four months after the shooting, Johnston County's district attorney cleared the officers of any wrongdoing, determining that the use of deadly force was warranted and that the amount of gunfire was not excessive.

RELATED TOPICS: Clayton

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I agree: When an armed man refuses demands to drop his gun, police officers are under no obligation whatsover to WAIT until the gunman POINTS it at them or allow the guy a "first shot".

An old police saying says it's better to be judged by 12 than carried by 6.

Why would you wait for someone to point the gun at you? If they point first, they could shoot first!! It only takes one shot to be unable to return home!! I'm not waiting for them to shoot me first!!! I understand the criticism of those saying 16 shots and only 2 hits, but we don't know how many each officer fired, nor do we know if he was moving or not. It is HARD to hit a moving target with a pistol!!

Well said SME2...

Still with ya Gork!!! Who said anything about him pointing his gun at a LEO???

The guy was in his house with a legal rifle, these cops needed to show some restraint. They also showed how badly trained they were by letting them selves be in a situation where they are in a foreign environment where a prisoner that has escaped could potentially be. There is also this thing called the "right to bear arms" even for a non-english speaking American. Apparantly he did not get the call over his police scanner that someone was on the loose.

When an armed man refuses demands to drop his gun, police officers are under no obligation whatsover to WAIT until the gunman POINTS it at them or allow the guy a "first shot".

An old police saying says it's better to be judged by 12 than carried by 6.

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