The New Castle County Police Department officers who injured 30-year-old Portia Herndon in Ogletown on Sept. 9 were justified in firing their weapons, according to an investigation by the state Department of Justice.
The department’s Division of Civil Rights and Public Trust said that the officers believed deadly force was necessary to protect the life of the woman being shot at by Herndon, as well as their own lives.
Herndon was indicted by a grand jury on charges of attempted murder, reckless endangering, possessing a firearm while committing a felony, criminal mischief and endangering the welfare of a child.
What happened on Sept. 9?
The Department of Justice said that on the night of the shooting, New Castle County Police Cpl. Brooks Fitzpatrick was called at 8:30 p.m. to the parking lot of the Hunters Crossing apartments.
BACKGROUND:Philadelphia woman charged with attempted murder in Ogletown apartments shooting
Fitzpatrick had already been called to the apartment complex that afternoon for a domestic dispute between Herndon and the 26-year-old woman she later shot, according to the justice department. The woman wouldn’t let Herndon, her ex-girlfriend, into the apartment they previously shared to collect her jackets and coffee maker, and called the police after Herndon spent three hours knocking on her door.
The Department of Justice said Fitzpatrick helped facilitate the transfer, calling the request fairly routine.
The woman told Herndon she would leave her belongings outside the door when her mother came to pick her and her two young children up at 8 p.m. after she finished her shift working from home, according to the Department of Justice report. The woman’s mother came into the apartment about 20 minutes beforehand and when the four of them later got into her Lexus, it was leaning — the tires had been slashed.
She called Herndon, believing that her ex-girlfriend was the one responsible, the Department of Justice said. Her mother also said she got out of the car and tried calling her father about what to do to fix the flat tires.
OFFICER-INVOLVED SHOOTINGS:Family of man fatally shot by Dewey Beach police officer last year files federal lawsuit
Instead of Facetiming as planned, Herndon drove into the parking lot in person in a gray Chevrolet Malibu. She had a gun in her lap, according to the justice department, and told the 26-year-old that she wanted to talk about their relationship. She got out of the car with her gun and started quickly approaching the Lexus, firing a shot into the ground.
The 26-year-old told her dad to call the police and then dialed 911 herself.
It was Fitzpatrick who was dispatched, recognizing the address as the same one he’d responded to earlier, according to the Department of Justice. He was told that a resident was being threatened with a gun by her ex-girlfriend and had her tires slashed but didn’t know whether the gun was confirmed or just implied at the time he arrived.
REPORT:Antisemitism almost quadrupled in Delaware last year. What it means for the First State
When did the gunfire begin?
As soon as Herndon saw the flashing police lights, the Department of Justice said Herndon shot her ex-girlfriend in the arm, then shot her again. The department said the woman’s mom got back into the car to protect the children from the gunfire.
Fitzpatrick followed the sound of gunshots to find Herndon standing over the 26-year-old’s body with the “posture of somebody who more or less was about to execute somebody” and fired his gun at her, he told the Department of Justice. He also manually turned on his body camera, as the device meant to do it automatically didn’t work.
Herndon ignored the county police officer’s call to surrender and began moving towards Fitzpatrick, who said he “knew there was nothing that was gonna stop her [Herndon] from trying to kill (him) as well.” He also told the justice department that the only way he could help the 26-year-old woman was by continuing to shoot at Herndon.
DATABASE:Tracking gun violence in Delaware
Fitzpatrick reloaded his gun at one point and continued to shoot, believing he hit Herndon at least once when she fell to the ground. However, the Department of Justice said Herndon then started crawling towards Fitzpatrick, who fired at her again.
When asked later, Fitzpatrick said he couldn’t see the gun when Herndon was approaching him and didn’t remember whether she actually shot at him.
Body cam footage released
The footage from his body camera, which was released by the Department of Justice, shows Fitzpatrick and Officer Christopher Knight, who came to provide backup, yelling at Herndon to put her hands up and behind her back. Both officers shot at Herndon multiple times, hitting her three times. Analysis by the Department of Justice found that Fitzpatrick fired his gun a total of 21 times, and Knight shot his four times.
The forensic analysis also showed that Herndon fired her handgun — an unregistered “ghost gun” she assembled herself — nine times, according to the justice department.
MORE:He ‘had his demons,’ but the man shot dead in Felton ‘was worth saving,’ his family says
When more officers arrived, they were able to take Herndon into custody, and then both she and the 26-year-old woman were taken to Christiana Hospital. Herndon has been incarcerated at Baylor Women’s Correctional Institution since she was released from the hospital.
The 26-year-old’s mother, her two children and the officers were not injured, and both Fitzpatrick and Knight were put on administrative leave while the Division of Civil Rights and Public Trust completed their investigation.
Send story tips or ideas to Hannah Edelman at hedelman@delawareonline.com. For more reporting, follow them on Twitter at @h_edelman.
