PORTSMOUTH, Va. (WAVY) — A jury found Portsmouth Police officer Jeremy Durocher not guilty of unlawful wounding Thursday after he shot a burglary suspect three times in 2017.
A collective sigh of relief could be heard when the verdict was announced in the courtroom, where several Portsmouth officers had showed up in support throughout the week.
“The best feeling in the world to have that much support,” Durocher said after the verdict. “Just hoping people saw and understood what I did that day was justified.”
The jury of eight women and four men deliberated for about three hours before reaching its verdict.
Durocher had been charged with aggravated malicious wounding and use of a firearm in the shooting of 18-year-old Deontrace Ward during a 2017 armed burglary.
On the second day of the trial, Judge William Shaw III agreed with a defense motion that the Commonwealth failed to prove ‘aggravated’ malicious wounding, or that the officer permanently injured Ward.
Shaw agreed and amended the charge to malicious wounding. On Thursday, he amended that to an unlawful wounding charge, and told the jury it could consider a misdemeanor assault and battery charge, also. However, the jury came back with a not guilty verdict on the unlawful wounding charge.
The jury had spent part of Wednesday visiting the shooting scene, and Durocher later that day took the stand. He had faced a charge of malicious wounding and a use of a firearm charge and now works for the Portsmouth criminal investigations unit, having joined the Portsmouth Police Department in December 2016.
Durocher’s attorney successfully argued that Durocher did not act with malice when he shot Ward. The attorney told 10 On Your Side’s Chris Horne that he was surprised the Commonwealth’s Attorney took the case as far as she did.
“We’re pleased that justice was served,” said defense attorney Nick Renninger. “I would say that it’s unfortunate that the Commonwealth’s Attorney’s office in this city has chosen to prosecute police officers instead of going after the real criminals.”
Renninger said the verdict is an opportunity for a reset between the Commonwealth’s Attorney and the police department.
Portsmouth Commonwealth’s Attorney Stephanie Morales said her office stands by its decision to take the case to trial.
“The Portsmouth Commonwealth’s Attorney’s Office stands by its decision to present this matter to the grand jury and to proceed to trial. Despite, the jury’s decision today our team stands proudly by our victim and at all times stands in opposition to the excessive use of force by those sworn to serve and protect the members of our community. ”
– Stephanie Morales, Portsmouth Commonwealth’s Attorney
The Portsmouth Fraternal Order of Police Gosport Lodge #20 said it was “thrilled” with the verdict. It said it had “fervently” stood by Durocher and said his actions were “justifiable.”
“The verdict is proof that, although there can be hiccups, the criminal justice system works,” the Portsmouth FOP statement said.
The full statement reads:
The Portsmouth Fraternal Order of Police Gosport Lodge #20 is thrilled at this evening’s finding of “not guilty,” handed down by a Portsmouth jury in the case of Portsmouth Police Officer Jeremy Durocher. This verdict is proof that, although there can be hiccups, the criminal justice system works.
In late October 2017, Officer Durocher was involved in a shooting incident during his response to an armed burglary. Now, over six years later, Officer Durocher has finally been vindicated. Although the Commonwealth Attorney’s Office felt they had a strong case against Durocher, the Portsmouth Fraternal Order of Police has consistently maintained that the actions Officer Durocher took on October 27, 2017, were justifiable and that his defense team of amazing attorneys would present facts to support that assessment in court.
The Portsmouth Fraternal Order of Police has fervently stood behind Officer Durocher since he was indicted by a Portsmouth grand jury in 2018 and throughout this week’s four-day trial. Even though Officer Durocher has endured over five years of back-and-forth court proceedings and delays by the Portsmouth Commonwealth Attorney’s Office, which prevented him from doing what he set out to do nearly seven years ago: to protect and serve the citizens of Portsmouth, he did not give up and maintained his innocence.
We are happy to report that Officer Durocher is excited about the verdict and eager to get back to work and serve the city which he promised to protect and serve nearly seven years ago.
The Portsmouth Fraternal Order of Police Gosport Lodge #20 has and will continue to
stand behind all Portsmouth Police Officers and active members of the organization,
especially when they are maliciously prosecuted for doing the job they were trained to
do.
In Thursday’s closing arguments, prosecutor Haille Hogfeldt said that Ward was not a threat because he was running away, and he did not have the gun in his hand. She pointed out that other cops who responded to the burglary call never fired their weapons, and even the department’s policy on deadly force emphasizes that police must keep in mind that when in doubt, don’t shoot.
Renninger told the jury that Durocher had to make split-second decisions, and felt an imminent threat from Ward to himself, other officers and neighbors. Renninger referenced Ward’s own testimony this week that he was in fact armed — though the gun was recovered from the bottom of his pants leg.
Renninger mentioned the Parkland High School mass shooting of 2018, and said cops have been charged for not taking action — and had Durocher not shot, others might have been in danger. He said Durocher’s actions were tragic but justifiable.
“I’m just overwhelmed and happy,” Durocher said. “Ready to have my life back, get back to work and just move on with my life.”