PORTSMOUTH, Va. (WAVY) — A Portsmouth police officer who shot a fleeing armed burglary suspect from behind in October 2017 has been indicted on two felony charges by a grand jury.
Officer Jeremy Durocher, 32, was indicted Thursday in Portsmouth Circuit Court on charges of aggravated malicious wounding and use of a firearm in the commission of a felony.
During a court hearing Friday, a $50,000 bond with $20,000 secured was granted by the judge, agaisnt the wishes of the Commonwealth’s Attorney’s office. Durocher posted bail, but must limit travel to Virginia.
Durocher shot Deontrace Ward in the arm while responding to the burglary at a home on Tatem Avenue on Oct. 29, 2017.
Ward, who had a gun in his pants at the time, was taken into custody and eventually pleaded guilty to five felonies in the case. He’s serving a six-year prison sentence.
The shooting was recorded on Durocher’s body camera and Durocher can be heard yelling “He has a gun! He has a gun!” before firing at Ward.
Video: Body cam footage shows suspect shot by officer
In the indictment, grand jurors presented that Durocher intended “to maim, disfigure, disable, or kill” Ward through his actions.
“My office sought these charges after carefully considering the results of a Virginia State Police investigation and a supplemental investigation performed by our office’s investigator,” said Stephanie Morales, Portsmouth’s Commonwealth’s Attorney. “From the beginning, we recognized that the citizens of the city of Portsmouth should decide the proper charges in this case.”
PREVIOUS COVERAGE: Prosecutors seeking indictment in Portsmouth officer-involved shooting case
Morales made the remarks in a prepared statement and did not take any questions, adding “our office will not try this case in the media or the court of public opinion.”
The Portsmouth Commonwealth’s Attorney’s Office has continued to release updates on the case.
On October 17, a release stated that it had completed its supplemental investigation to a Virginia State Police investigation into the matter and announced Wednesday that it was seeking indictments in the case.
“Nothing she has done in this investigation, up until now has been typical,” said Nicholas Renninger, Dourcher’s attorney. “My client is disappointed but ready for his day in court.”
He has previously stated that Durocher believed that other citizens and officers were at risk when he made the call to fire his gun.
“When you are responding to an armed burglar, who has just broken into a home, has a weapon in his hand and you are telling him to stop and he doesn’t and he fires a gun, are you telling me that’s malice?” Renninger said. “Because if that’s malice than every police officer in the county right now is engaging in malicious conduct when they are engaging in similar things.”
The Portsmouth Fraternal Order of Police released a statement after the announcement backing Officer Durocher, saying he was forced into a “unfortunate situation.”
They also called for Portsmouth Commonwealth’s Attorney Stephanie Morales to recuse herself from the case because of her close working relationship with the police department. It “would be fair to both the officer and Mr. Ward,” the statement read.
Police Chief Tonya Chapman released this statement in response to the indictments:
“Although this decision directly impacts the members of the Portsmouth Police Department, we will allow the criminal justice system to run its course. In the meantime, I can assure you that the members of our department will continue to faithfully serve our community, remain steadfast in building trust, and continue our double digit major crimes reduction beyond the 12% we’ve already achieved this year.”
The Portsmouth NAACP reiterated their statement from Wednesday.
“We are pleased that the Wheels of Justice are turning for Deontrace Ward, his family, and our community,” said James P. Boyd, President of Portsmouth NAACP in a statement Wednesday. “We hope that the process moves quickly as his family and our community have waited long enough. The police body cam footage clearly shows that there was no merit to the officer shooting Deontrace in his back or utilizing that degree of force in the first place. No threat was imminent to the officer or others and this type of reckless judgment must be held accountable. We place trust in our law enforcement officials to handle the use of force with sound reason and judgment and it’s clear that this was not the case with their encounter with Deontrace and those responsible should be held accountable to the fullest extent of the Law.”
The Ward family didn’t respond to requests for comment.
Durocher is planning on turning himself in once proper warrants are filed according to Renninger. It is not known yet if bond will be set.
The charge of malicious wounding carries a sentence of 20 years to life in prison.
Morales’s office previously prosecuted Portsmouth police officer Stephen Rankin in August 2016 of voluntary manslaughter in the shooting death of William Chapman. He is currently serving a two and a half year prison sentence.
Last week, the Virginia Supreme Court agreed to hear the appeal.
Correction: An earlier version of this article incorrectly stated the Virginia State Police investigation into the case was completed on Oct. 17, 2018. That date was when the Portsmouth Commonwealth’s Attorney’s Office announced it had completed its supplemental investigation.
