Judge rules family of Fayetteville woman killed by police can publicly comment on case
A Cumberland County judge Wednesday changed his initial ruling, stating that the family of a Fayetteville woman fatally shot by police could now comment on the case after viewing body camera footage from the shooting, but he maintained they still could not comment on what they see in the videos.
In a sometimes tense hearing in Cumberland County Superior Court, Judge Jim Ammons modified his original order from October, which stated that the family of Jada Johnson and their attorneys could view the video but not publicly comment afterward. Johnson, 22, was shot and killed by police on July 1 in her grandfather’s Colgate Drive living room after officers were called to the home on a report of an attempted break-in. A search warrant in the case identified Officer Zacharius Borum as the officer who fired the fatal shots.
Johnson’s grandparents, Rick and Maria Iwanski, said their granddaughter was experiencing a mental health crisis and she believed her estranged boyfriend was trying to hurt her. Police Department officials have maintained Johnson posed a threat to officers at the scene and was armed with a gun when she was shot. Johnson’s autopsy revealed she was shot 17 times with .40-caliber bullets.
Related:Family to view body camera footage in Jada Johnson fatal Fayetteville police shooting
In court Wednesday, Johnson’s estate was represented by Xavier de Janon, a Charlotte-based attorney, police attorney Michael Rose Whyte represented the Fayetteville Police Department and Parrish Daughtry represented Borom and Sgt. Timothy Rugg, who was also present when Johnson was shot.
At the start of the hearing, when several of at least two dozen people in the gallery were still standing, bailiffs told the group to sit and they refused. Chilleko Hurst, a member of Fayetteville PACT, said before the hearing that the group intended to stand for 10 seconds in honor of Johnson. Ammons then tersely ordered a recess.
“When you all decide to sit down, we’ll have court,” Ammons said.
Maria Iwanski appeared upset at the disruption, and Rick Iwanski rubbed her back and whispered to her as court went into recess.
Previous coverage:SBI says case of woman killed by Fayetteville police turned over to prosecutors
It took another five minutes for court to resume once Ammons returned as he asked for 11 children present in the courtroom to be removed. The children were with members of Johnson’s family.
“Children are not allowed here today,” Ammons said firmly.
Once the children left the courtroom, the hearing began, with Johnson's family attorney requesting Ammons release body camera footage from Borom and Rugg’s cameras and modify the original gag order.
“This is of compelling public interest, as we see in the court today,” de Janon said, gesturing to the media present in the gallery.
De Janon argued the gag order infringed on the Iwanskis’ First Amendment right to free speech and could pose as an obstacle to their ability to file a federal lawsuit since those records would be public.
'They did not have to do this': Fayetteville woman shot 17 times by police, autopsy says
The officers' lawyer opposed de Janon’s request, stating she feared the body camera footage would leak to the public and be used to pressure public officials, suggesting that could impact whether charges are filed against the officers.
“What is the purpose of the public comment?” Daughtry asked.
Daughtry, who has seen the body camera footage, said she was concerned that if released the public would have access to information on ongoing criminal investigations and private health information. She also noted a minor was on the footage. Johnson's toddler daughter was in the arms of her great-grandmother when the shooting occurred in front of the family.
“It is a long, heart-wrenching ordeal,” Daughtry said.
'She was not in her right mind': Frantic 911 calls released in Jada Johnson shooting
Daughtry said she was particularly concerned the footage would taint the potential jury pool.
Ammons emphasized that he wanted both parties to be satisfied by the hearing’s outcome.
“If we can reach an agreement, I’d like to do that,” he said.
Ammons noted that he was confused as to why the Iwanskis had not viewed the body camera footage. De Janon said they had elected not to watch the footage before the hearing so they would not have to follow the terms of the gag order.
Related:New details released in Fayetteville police shooting death of Jada Johnson
As Ammons tried to find a compromise among the parties, Daughtry continued to strongly oppose the modification of the gag order, arguing that the Internal Affairs investigation by the Police Department was not complete and the Special Prosecution Division of the North Carolina Attorney General’s Office has not determined if charges will be filed in the case.
Whyte, the lawyer for the Police Department, reassured Ammons that the police officials would accommodate de Janon and the Iwanskis in viewing the body camera footage as often as needed. De Janon requested the footage either be released to his law firm or made available to view online so he wouldn’t have to drive from Charlotte to see it, but Whyte told Ammons it was not possible for the police department to share footage without permitting its download.
Ammons agreed with Whyte’s concern, noting that he would have little control over what happened with the footage once it was released.
“Once something hits the Internet, it’s out there forever,” Ammons said. “I’m afraid that it will be improperly used, despite your best efforts.”
'He killed my baby': Fayetteville woman’s grandparents challenge police account of shooting
Ammons said he worried the Iwanskis and de Janon didn’t fully understand the content of the footage since they had not viewed it prior to the hearing.
“What is this really going to mean if the whole world sees it?” he said.
After changing his initial ruling preventing the family and their attorneys from publically commenting on the case, Ammons stood firm to his ruling that they could not comment on the contents of the body camera footage, The judge said he understood the case was difficult for everyone involved.
“There is a lot of emotion,” he said.
Related:Mourners gather at funeral of woman killed by Fayetteville police officer
After the hearing ended, members of Johnson’s family gathered outside of the courthouse to speak to the media. Tatyana Johnson, Jada’s oldest sister, and Jacquaya Johnson, the slain woman's mother, said they were unhappy that other members of the family aren’t allowed to view the footage. They believed they should have been more involved in Wednesday’s proceedings, they said.
“It was unfair,” Jacquaya Johnson said. “I should be able to see the video.”
In a brief news conference, de Janon said he was pleased with the results of the hearing.
“We are happy today with the victory that the Iwanskis’ First Amendment rights were protected today,” he said. “We are very happy about this outcome.”
De Janon said he and the Iwanskis planned to view the footage Wednesday afternoon.
Public safety reporter Lexi Solomon can be reached at ABSolomon@gannett.com.
This article originally appeared on The Fayetteville Observer: Cumberland Co. judge rules Jada Johnson's family can publicly comment
