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Lawyer claims gun found in Azario Major's car had safety on

photo

Azario Major, who was killed by police in 2021,

By PAVEL BAILEY 

Tribune Staff Reporter 

pbailey@tribunemedia.net 

A LAWYER representing the family of Azario Major claims a gun found in Major’s car had its safety on before he received 41 gunshot wounds when he was shot at by police outside Woody’s Bar on Fire Trail Road.  

This came after Sergeant Mark Taylor testified at the Coroner’s Court inquest on Friday before Acting Coroner Kara Turnquest-Deveaux into Major's police-involved killing on December 26, 2021.

An officer named Sergeant Sweeting was first approached by the deceased, the court heard. He, along with three other officers - Sergeant Rolle, Inspector Saunders, and Sergeant Johnson - ultimately shot Major after a gun was reportedly seen in his car. 

Sgt Taylor, one of the officers on duty conducting plain clothes reconnaissance at the bar on the night of the shooting, recalled how he and the other officers engaged Major that night. 

He said Major was initially told to leave by officers for disturbing the peace, and when he returned, Sgt Taylor said officers observed him driving slowly in a suspicious manner. 

As Insp Saunders was the senior officer, Sgt Taylor said the other officers present followed his lead as he approached the vehicle. After Insp Saunders yelled there was a gun in the car, Sgt Taylor heard the four officers fire in Major’s direction. He told the court he did not shoot at the deceased because the other officers were directly in his line of fire. 

Sgt Taylor indicated that after the shooting, the officers backed away from the vehicle and secured the scene until CSI arrived saying that “we were around the vehicle”. He also said that after CSI arrived he was dismissed by Insp Saunders and that police protocol was followed that night. 

While Sgt Taylor said he did not see Major raise a gun, he also said that he did not see any officer throw a gun into the car, remove the victim’s phone or tamper with the scene in any way. 

Addressing questions on why the officers approached an armed suspect, Taylor said police are trained to advance and never retreat in the face of a target. 

“In my training, I’m taught not to retreat,” Taylor said. 

However, when asked by David Cash, who represents the estate of the deceased, if he would advance into automatic fire, the officer said no. 

Sgt Taylor also said Major only approached Sgt Sweeting, aka “Slim” at the bar and no other patron. 

When photo evidence of the gun retrieved from Major’s car was presented to the court, attorney Cash pointed out the safety was switched on and claimed it was unable to fire during the incident. 

Dr Caryn Sands, forensic pathologist at PMH, delivered her autopsy report to the court. 

As photos of the victim’s body were shown during court proceedings, his father left the room, visibly distraught. 

Dr Sands said Major’s cause of death was “gunshot wounds to the head, torso and extremities”. She went on to say that she observed that the deceased had been shot 34 times and that there were 41 gunshot wounds across his body. Dr Sands recorded eight gunshot wounds to the head/neck, 20 to the torso, four to the right arm, two to the right hand, three to the left arm, one to the right thigh and three to the left thigh. 

Nine bullets and several bullet fragments were taken from the deceased’s body. 

She also noted that there was “no evidence of close-range discharge of a firearm”. 

When questioned by Calvin Maynard, who represents the four officers, as to whether the victim could have been holding something before his death, Dr Sands said she could not say. 

Responding to David Cash, Dr Sands said it was possible that the wounds on Major’s arms indicate he raised them in a defensive position. 

She also agreed with Cash that due to the majority of wound paths facing downward it was consistent with the deceased having been sitting down at the time of his death. 

The inquest continues on Saturday at 11am.

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