Cop Gets Immunity After Video Shows Him Jumping on Car, Killing Unarmed Driver

O'Shae Terry and a buddy were stopped by Arlington police officer Julie Herlihy in September 2018 because Terry's temporary tag had expired. Officer Bau Tran would also react to the stop and would shoot and murder Terry 10 minutes later. The Fifth Circuit Appeals Court has now given Tran qualified immunity on the grounds that leaping onto a moving automobile and murdering the driver is "reasonable."

The event occurred in broad daylight on September 1, 2018. Terry had not yet received his new licence plate, and as a result, officer Herlihy targeted him for revenue collection. When officer Tran arrived, he smelled marijuana, and traffic check quickly devolved into a hunt for a plant.

As a result of the court's decision:

O'Shae Terry and his passenger, Terrence Harmon, were stopped by a City of Arlington police officer for driving a huge SUV with an expired registration plate. The officer approached the vehicle and demanded identification from Terry and Harmon. After obtaining their information, the officer informed them that she detected the scent of marijuana emanating from the vehicle and was forced to inspect it. Meanwhile, another officer, Defendant Bau Tran, arrived on the scene and approached the automobile from the passenger's side, beside a curb. Tran stayed with the two guys as the first officer returned to her police vehicle to check Terry's and Harmon's details. Tran requested that they lower the windows and turn off the vehicle's engine, which Terry first did. What occurred next is captured on dashcam and bodycam footage.

Terry began raising the windows and reached for the ignition after some light conversation. Tran quickly said "hey, hey, hey, hey," climbed onto the SUV's running board, and grabbed the passenger window with his left hand. Tran cried "hey, halt!" through the passenger window with his right hand. Tran withdrew his right hand and placed it on the holstered handgun in his right hand. Terry then cranked the engine and switched into gear. Tran pulled his firearm immediately as the vehicle lurched forward, shoved it through the window past Harmon's face, and fired five shots, hitting Terry four times.

Rather than just exiting the car—knowing he had all of Terry's information and could contact him later—officer Tran drew his pistol, inserted it inside the vehicle, and began shooting Terry.

Tran fired the first of five bullets as the automobile drove ahead for less than a second. Due to Tran's poor decision-making, the court finds that he believed his life was at risk, and so that murdering Tran was "reasonable."

Indeed, what followed exemplifies the peril Tran faced. Tran went off the running board and onto the crowded roadway many seconds after Tran shot Terry.

Additionally, when Tran sprawled across the tarmac, the car's back tyres came dangerously close to colliding with his limbs.

The court omitted to add that the automobile tyres came dangerously close to colliding with Tran — because Tran murdered the driver and there was no one behind the wheel, leading the vehicle to lose control.

The fact that Tran was charged with criminally negligent murder in 2019 exemplifies the absurdity of qualified immunity for cops. While those accusations are ongoing, the Fifth Circuit has already declared Tran innocent.

Naturally, the police union-appointed counsel for Tran believes the accusations are a mockery of justice and that the policeman should have been free to kill Terry.

"Obviously, we're sad that he's been charged," attorney Randy Moore said. "Things transpired quite rapidly, and after the motorist chose to roll up the window and drove away, the officer's choices were severely constrained."

Moore seemed to believe Tran's only other choice was murder.

Moore provided a nonsensical explanation when questioned why Tran didn't simply let Terry drive away since the police had his name and licence plate and could have located him later.

"There is an inherent error in that judgement," he said, adding that had Tran permitted Terry to flee the scene, a chase or accident may have ensued.

"He was shot because the officer believed his life was at risk while committing the offence," Moore told the Star-Telegram.

However, Moore is unaware that there would have been an accident or a chase. This was in response to a traffic check for an expired sticker and the scent of marijuana. Terry had committed no wrongdoing and was just accused of holding marijuana and a government sticker that had expired. Terry would very certainly still be alive today if he had lived in Colorado, Washington State, or one of the other states where marijuana is legal.

"No family, no mother or father, should have to endure something like this," Terry Woods' mother Sherley Woods said.

Terrence Harmon, Terry's closest buddy who was in the passenger seat when Tran murdered Terry, is likewise devastated.

"I think about him every day, every day; not a single day goes by that I don't," Harmon added. "However, as I travel, I'm learning to live with it."

"He said that he had marijuana in his car, and marijuana was subsequently discovered in the vehicle," attorney Lee Merritt explained. "His tag was expired. He accelerated away from a halt he should not have accelerated away from. We anticipate that law enforcement officers may come into touch with individuals who violate the law, and this was a circumstance in which O'Shae made multiple errors. None of the errors should have resulted in death."

We concur. While watching the footage below, keep in mind that Terry was unarmed and attempting to flee from police. Yes, this action was rash, but it should never have resulted in his death.