A Metropolitan Police officer lawfully shot and killed Jermaine Baker in December 2015, an official investigation has found.
Baker was part of a criminal gang attempting to break a prisoner out of custody when he was killed by a Metropolitan Police gunman on December 11, 2015.
Baker, 28, was sitting in the front of an Audi car when he was shot once 100 yards from the crown yard in Wood Green, north London. An imitation Uzi gun was found in the back of the legs.
The investigation determined that Baker did not have any weapon when he was shot at close range, nor did two other men in the car.
The inquest was conducted by Clement Goldstone QC, a retired judge.
In its report published on Tuesday, the inquiry concluded the shooting was legal but found 24 errors in the way the Met planned and carried out the armed operation, saying the failings were a “robust wake-up call for a newly appointed commissioner”.
The officer, known only as W80, said he acted in self-defence, believing Baker was reaching for a firearm when he raised his hands.
The officer was advised that the suspects may be armed and dangerous. The investigation concluded that W80 had a right to believe that the criminals he was sent against might be armed and might try to fight and run.
Goldstone’s key conclusion was: “I concluded that W80 shot Mr. Baker because he genuinely believed that Mr. Baker posed a deadly threat and that it was reasonably necessary for him to fire in self-defense.
“As a result, I have concluded that Mr. Baker was lawfully murdered.”
Baker’s mother said her son was shot as he surrendered and she will continue to fight, saying she disagrees with the investigation’s key findings.
Margaret Smith said: “We know Jermaine was unarmed and followed instructions (given to him by other armed officers). Jermaine was surrendering. Jermaine couldn’t have done more to save his life. “
Smith added that the Met were hell-bent on a violent confrontation: “Jermaine was dead before he got in the car…
“It was unjustifiable to take his life. Jermaine should have gone to jail like the rest of the men in that car.
The car Baker was in was intercepted by police and just before 9am, armed officers surrounded the vehicle and he was shot. Baker was pronounced dead at the scene.
Baker was part of a group of men who tried to help Izzet Ehren escape from a prison van as he traveled to Wood Green Crown Court from Wormwood Scrubs Prison to be sentenced. Eren was stopped by the police with a loaded pistol and a Scorpion machine gun in it.
The investigation heard W80 allegedly shot Baker once, believing he was reaching for a gun that was in a man bag slung across his chest.
Baker’s lawyers said he was actually raising his hands to surrender and because he was unarmed, he could not have reached for the bag or any weapon.
Baker’s lawyers accused W80 of lying in its account of the investigation. The officer claims he repeatedly told Baker to put his hands on the dashboard.
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In his conclusion, Goldstone said the W80 opened the passenger door of the car Baker was sitting in with two other men.
W80 pointed his weapon at Baker and the inquest concluded: “He told Mr. Baker to put his hands on the dashboard. I accepted W80’s evidence that Mr Baker moved his hands in the direction of the bag he was carrying…
“I accepted W80’s evidence that he genuinely believed that Mr Baker had failed to comply with the instruction to place his hands on the dashboard and that he had reached for a firearm.
“W80 shot Mr. Baker once…”
The time from the police yelling at the suspects to the shot being fired is five seconds. The inquest said the bullet struck Baker in the neck and left wrist, which was raised “above the entrance wound to his neck when he was shot.”
On the Met’s series of failings, the inquiry said: “Whilst I am satisfied that the MPS failed to plan and conduct the operation … in such a way as to minimize the use of deadly force, I do we cannot conclude that Mr Baker died as a result of these failures.’
The shooting is being investigated by the police watchdog, now called the Independent Office for Police Conduct.
The shooting led to the officer’s arrest in December 2015 by the police watchdog for “homicidal offences”.
His investigation provided an indication of potential W80 crimes. The Crown Prosecution Service decided not to lay any charges.
Officers involved in the Met operation refused to answer oral questions from investigators, which the IOPC said delayed the investigation and which Goldstone also criticized.
W80 still faces disciplinary action over the shooting.
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