2 officers fire shots

Finkley fired first, and Stahl said he believed that shot was from Smith and then fired at Smith, who quickly crumples to the roof and grabs for his groin.

Smith was hit twice and grazed on the head by a third bullet.

Storm said that a few minutes before the shooting, Smith and a friend were involved in a fight nearby with at least two other people who had a knife and brass knuckles. When bicycle patrol officers rolled up and asked to talk, Smith ran, Storm said.

Lovern’s account says a witness told police that Smith and a friend had come to “jump” another man and that after some fighting, Smith left, saying he would return with a gun.

The same witness said Smith came back and had his hand on a gun in his pocket. Someone reported that an armed man was trying to get into a residence at North 29th and West Wells streets, and when police arrived, Smith ran.

Storm says the witness who told police Smith had a gun was trying to divert their attention from herself because she was armed with a knife that a neighbor later told police she saw the woman throw into the gutter. Storm says the witness led police to the knife, but they weren’t interested.

Different incident, different outcome

Storm also drew a comparison to how police in the same district responded to young white man on Election Day who clearly was armed with a gun.

Neighbors had reported Brandon Baker, 20, was shooting from the roof of their building. When officers arrived, Baker was outside, holding an assaultstyle rifle, but managed to safely arrest him — after he refused to put down the rifle without any shots being fired.

The rifle, plus three handguns Baker also had on him, were all loaded.

“Why were they afraid of Jerry but not the white guy who really had a gun?” Storm asked.

The city is defending officers Finkley and Stahl against Smith’s lawsuit and said they were acting in good faith, pursuant to their law enforcement duties and therefore protected by qualified immunity. No trial date has been set.