Special Investigations

Press Freedom Defense Fund

Bodycam: Cop Was Not in Danger When He Fired Shots That Killed 1-Year-Old Kohen Wiley

Mississippi investigators said the shooting was “justified,” but new body camera footage shows the cop firing into the passenger’s side as the car passed by him.

After the Mississippi attorney general cleared a white cop for firing into a car and killing a Black toddler in a Walmart parking lot, video footage released by the Mississippi Department of Public Safety has revealed the fullest picture to date of what happened.

The videos, provided to The Intercept in response to a public records request, come on the heels of leaked footage that exposed how a needlessly aggressive and reckless police confrontation of two suspected shoplifters led to 1-year-old Kohen Wiley’s violent death in his mother’s arms.

While the newly released videos include redacted versions of the previously leaked footage — including body camera footage for some of the officers, as well as Walmart surveillance video — the new footage reveals for the first time the body camera video belonging to the Senatobia police officer who fired the shots that killed Kohen Wiley: Sgt. Hunter Foster.

While the state concluded that the shooting was “justified” based on a probe by the Mississippi Bureau of Investigation, the videos show how police escalated a non-life-threatening situation — one that could have ended with a mere shoplifting charge — by pursuing Kohen’s mother, Vel’lesiya Wiley, and the driver, Latoya Ferrell, after they ran from the store and tried to drive away.

Foster’s body camera footage makes clear that he positioned himself in front of the vehicle, aimed his gun at the car, and fired the fatal shot into the passenger side window after the car was moving past him and posed no threat.

This is consistent with the conclusions of Dr. Roger Mitchell, a forensic pathologist hired by Kohen Wiley’s family, who determined in June that the fatal bullet was most likely fired into the side window, entering his small body on his right side and exiting his left.

The release also includes a 10-page, heavily redacted investigative report by the Mississippi Bureau of Investigation, which the state attorney general relied upon in concluding that the shooting was justified.

The report’s narrative is misleading: Its only description of the shooting is that one officer “discharged his firearm” after the car “sped toward the officers.” The report does not discuss the fact that the firing officer was beside the car when he first fired, which is clear in Foster’s body camera footage. The report also redacts Kohen Wiley’s cause of death.

Foster resigned from the Senatobia police department on Wednesday. Afterward, Foster’s lawyer told CNN, “The driver of the vehicle was attempting to kill those 5 officers, and Hunter Foster had no choice but to discharge his weapon.” (Neither Foster nor his lawyer responded to The Intercept’s requests for comment.)

Kohen Wiley’s Family Says Investigators Didn’t Contact Them Before Concluding Cops Did No Wrong

Residents of Senatobia had called for months for the body camera footage and Walmart surveillance videos to be released. After the state attorney general announced that the police had been cleared, a spokesperson for the Mississippi Department of Public Safety, which houses the state’s Bureau of Investigations, told The Intercept that the videos would be released after the family had a chance to watch them.

Instead, as with the attorney general’s announcement, the family first saw the leaked videos on social media. By the time Kohen Wiley’s parents and grandparents met with state officials to view the videos on Thursday morning, most of the footage had been circulated online. At a press conference on Thursday afternoon, Kohen’s maternal grandmother, Veronica Roberson, called it “a slap in the face.”

Roberson said she’d been haunted by the word “justified” all week, slamming the idea that Foster fired the lethal shots because he feared for his life.

“You shot my grandbaby from the side of the car,” she said. “How are you in danger?”

The incident began with what appeared to be a routine occurrence in retail outlets all over the country: a shoplifting allegation.

The earliest footage is from a Walmart security camera. An apparent Walmart employee dressed in a black hoodie is stationed by the store entrance when Wiley and Ferrell approach, carrying a child and a box of diapers. They pause at the door and appear to have a brief exchange with the Walmart employee before breaking into a run toward the parking lot.

In body camera footage, which begins moments later, the staffer in the hoodie appears in the doorway of a small security room, where other Walmart employees, three Senatobia police officers, and two Tate County sheriff’s deputies are gathered around a pair of computer monitors. According to the MBI report, the officers had been called to the store in response to a complaint that a man was sexually harassing customers.

The employee in the hoodie tells the cops and Walmart staffers that two people are running and gestures toward the store entrance.

Moments later, the five officers dash from the room and out into the parking lot, running toward a gray sedan. A sheriff’s deputy reaches the driver’s side door and puts his hand on the hood of the car while someone yells “stop.” The car backs up and starts to turn, but hits a parked SUV. Someone yells, “Stop the car!”

As the officers continue to run toward the car, it........

© The Intercept