VIRGINIA BEACH, Va. (WAVY) – A judge found the wife of a man shot and killed by a Virginia Beach police officer guilty Tuesday of felony assault on a law enforcement officer and three other charges.
It was an emotional day in court for Jacqueline Ortiz-Whitaker, 20, who was also found guilty of felony receiving stolen property, one count of brandishing a firearm and one count of resisting arrest.
The judge dismissed a second count of misdemeanor brandishing a firearm to a bystander. The bystander testified that “he wasn’t sure who had the gun.” Also, the defense successfully argued that she did not point the gun at the bystander.
Ortiz-Whitaker had already pleaded guilty to a previous concealed gun charge after a domestic violence conviction.
In court, Ortiz-Whitaker was shaking and crying as the courtroom watched body, dash and store video of the scene that unfolded on Dec. 1, 2022.
A Virginia Beach police officer testified a plate reader identified a stolen car in the Baker Crossing Shopping Center on Newtown Road.
The officer said that after he approached the car, the driver, Deshawn Whitaker, got out of the car and started to run. The officer grabbed Ortiz-Whitaker and the two struggled with a gun in her waistband.
The officer told a judge that on the bodycam video, you can hear her yelling ‘babe’ or ‘help me’ at least five times.
Whitaker returned to the car and video shows he pointed a gun at the officer.
The officer then fired several shots, killing him.
The officer said he continued to try to arrest Ortiz-Whitaker. A Norfolk Fire Department paramedic took the stand and said she had to help the officer detain her.
Her attorney argued that she had a chance to shoot the officer, but didn’t after the officer shot her husband.
A bystander took the stand. He said he stopped at the scene of the incident because he thought the officer was being too rough. He said he ran when he saw a gun, but explained Ortiz-Whitaker never pointed the gun at him.
Ortiz-Whitaker’s mom was also in the courtroom. She told 10 On Your Side she is upset with the events leading up to the deadly encounter.
Ortiz-Whitaker is expected back in court for sentencing on Aug. 30.
