Monday, July 5, 2021

Darryl Borden: Ohio; Saved by ballistics: A man who police and prosecutors for several months said shot a Cleveland police officer in July 2020 did not fire the bullet that pierced the officer’s arm and lodged in her back, a prosecutor said in court Wednesday," Cleveland.com (Reporter Corey Sheffer) reports..."Ballistics testing completed in April showed the bullet surgeons pulled from Patrol Officer Jennifer Kilnapp back came from the gun of her partner, officer Bailey Gannon, Assistant Cuyahoga County Prosecutor Andrew Rigalski said in court Wednesday. Darryl Borden, who fired at least two shots during the encounter inside a boarding house, was initially charged with two counts of attempted murder of a police officer and three counts of felonious assault of a police officer, charges that could have seen him go to prison for two decades. He pleaded guilty to attempted felonious assault of a police officer one month after the results showed he did not shoot Kilnapp. Cuyahoga County Common Pleas Court Judge Michael Russo sentenced Borden on Wednesday to a range of 7 to 10 years in prison."


PASSAGE ONE  OF THE DAY: "Wednesday’s revelation that Kilnapp’s partner shot her comes after officials as recently as May issued statements saying Borden was the shooter."

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PASSAGE TWO OF THE DAY: "Kilnapp said in court on Wednesday that Borden was not the person who shot and not the only person who needs to take responsibility and thanked him for sparing a trial. She blamed him for having a gun and said he needs punishment. “I wish I could forget the feeling that I was going to die,” Kilnapp told Russo. Borden’s defense attorney, Deanna Robertson, said that Borden made several bad choices but always maintained that he did not shoot Kilnapp despite prolonged insistence from Cleveland police. “We are asking that Mr. Borden is only punished for his role, and not the lies that were reported on him at the beginning of this event, and even after his indictment,” she said. Borden said on Wednesday that he did not mean to hurt anyone. He said he was on drugs and off his medication. He said the pin on the gun he had was loose and went off easily. “I apologize. I take full responsibility for what happened that day, and I know I have to be punished,” he said."

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STORY: Shooting of Cleveland police officer that officials pinned  om  Cleveland man wass friendly fire, ballistics show," by reporter Corey Sheffer, published by Cleveland.com on June 30, 2021.

CLEVELAND, Ohio -- A man who police and prosecutors for several months said shot a Cleveland police officer in July 2020 did not fire the bullet that pierced the officer’s arm and lodged in her back, a prosecutor said in court Wednesday.


Ballistics testing completed in April showed the bullet surgeons pulled from Patrol Officer Jennifer Kilnapp back came from the gun of her partner, officer Bailey Gannon, Assistant Cuyahoga County Prosecutor Andrew Rigalski said in court Wednesday.


Darryl Borden, who fired at least two shots during the encounter inside a boarding house, was initially charged with two counts of attempted murder of a police officer and three counts of felonious assault of a police officer, charges that could have seen him go to prison for two decades. 


He pleaded guilty to attempted felonious assault of a police officer one month after the results showed he did not shoot Kilnapp.


Cuyahoga County Common Pleas Court Judge Michael Russo sentenced Borden on Wednesday to a range of 7 to 10 years in prison.


Russo said he would set his sentence to run alongside a federal prison sentence he will serve after pleading guilty to a charge of being a felon in possession of a weapon. Sentencing in U.S. District Court in Cleveland on that charge is set for September.


Rigalski said there was “some debate” over whether a second bullet might have struck Kilnapp, but said it was “a significant possibility that one bullet caused all of those injuries.”


Wednesday’s revelation that Kilnapp’s partner shot her comes after officials as recently as May issued statements saying Borden was the shooter.


A dispatcher sent Kilnapp and Gannon to a boarding home on East 81st Street after a woman called police and said Borden was acting strange and fired a bullet into the floor. Borden, who had multiple previous felony convictions barring him from legally owning a gun, told the judge that he smoked drugs laced with either K2 or PCP and had a bad reaction.


Gannon joined the police department in January 2020, and Kilnapp was his training officer.


The woman told the officers that Borden was in the bathroom. Gannon opened the door, and Borden fired a shot. Gannon returned fire. A bullet tore through Kilnapp’s right forearm and entered her side. 


A SWAT unit arrested Borden several hours later.


Rigalski said Wednesday that Gannon fired two shots, and Borden fired at least two shots.


Rigalski said that, even though Borden may not have been the one who shot Kilnapp, he bears responsibility because he pulled a gun on the officers.


“But for his actions with a firearm, officer Kilnapp would not have suffered those injuries,” Rigalski said.


Kilnapp said in court on Wednesday that Borden was not the person who shot and not the only person who needs to take responsibility and thanked him for sparing a trial.


She blamed him for having a gun and said he needs punishment.


“I wish I could forget the feeling that I was going to die,” Kilnapp told Russo.


Borden’s defense attorney, Deanna Robertson, said that Borden made several bad choices but always maintained that he did not shoot Kilnapp despite prolonged insistence from Cleveland police.


“We are asking that Mr. Borden is only punished for his role, and not the lies that were reported on him at the beginning of this event, and even after his indictment,” she said.


Borden said on Wednesday that he did not mean to hurt anyone. He said he was on drugs and off his medication. He said the pin on the gun he had was loose and went off easily.


“I apologize. I take full responsibility for what happened that day, and I know I have to be punished,” he said.


Before the sentencing began, Robertson and Cleveland Police Patrolman’s Association President Jeff Follmer debated Borden’s role in the shooting. Roberston, in comments loud enough for reporters in the room to hear, said she hoped the story was reported accurately that Borden did not shoot Kilnapp.


“He shot at a police officer, which is just as bad,” Follmer said.


Robertson replied, “I just want the facts to come out.""


The entire story can be read at:


https://www.cleveland.com/court-justice/2021/06/shooting-of-cleveland-police-officer-that-officials-pinned-on-cleveland-man-was-friendly-fire-ballistics-show.html


PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;