Witnesses: PG County (MD) Cop Beat and Fatally Shot Unresisting Latino Man

From [HERE] and [HERE] A Prince George's County police officer pepper-sprayed an unresisting man, hit him with his fists and his metal police baton, threw him down a flight of stairs, then fatally shot him, according to witnesses who testified Thursday at a civil trial against the officer. Moments later, the officer swore at the victim's crying wife, according to testimony and a 911 recording.

The account of the fatal encounter was provided in Circuit Court in Prince George's County by witnesses for the family of Manuel de Jesus Espina, 43, who was shot to death by Cpl. Steven Jackson on Aug. 16, 2008. Espina's relatives have filed a wrongful death suit against Jackson and the county.

Espina was shot inside a basement apartment in Langley Park. Moments after the shooting, Espina's wife, Estela, entered the apartment and wailed over her dying husband as she cried out in Spanish, "Why did you kill my husband?"

Jackson screamed, "Shut the [expletiv] up! [Expletive] you!" The exchange was captured on the recording of a 911 call made to police by a witness. The tape was played in court for the jury on Thursday.

Jackson, 27, has not been charged with a crime. Officials in the state's attorney's office said Jackson's actions remain under investigation.

Jackson was moonlighting as a security guard when he shot Espina on a hot Saturday afternoon.

Police at first provided different explanations for the shooting. Initially, police said Jackson fired because Espina reached for his gun. Later, police said Jackson feared for his life because Espina reached for his police baton.

Espina's son, Manuel de Jesus Espina Jacome, was arrested on charges of second-degree assault and resisting arrest. Police alleged that Espina Jacome pushed Jackson. But prosecutors eventually dropped the charges against Espina Jacome.

Espina was not suspected of any crime. According to court records, Jackson approached Espina and a group of men who were gathered outside a brick, three-story apartment building. The men were drinking beer. In his opening statement, Timothy F. Maloney, attorney for the Espina family, said laws prohibiting drinking in public do not apply to private property -- such as the apartment complex. An attorney for the apartment complex, which is also a defendant in the lawsuit, said in her opening statement that building management had no written policy against drinking in front of the complex, but residents were verbally discouraged from doing so.

In his opening statement, Daniel Karp, the lawyer for Jackson and the county, said the officer, in his dark blue utility uniform, stopped his police cruiser and approached a small group of people, including Espina, who were gathered in front of the building, drinking beer. One of the people walked away, others went into the building, Karp said. Jackson went inside to investigate what they were up to, Karp said.

On the second-floor landing, Jackson saw two people standing with their backs to him, on opposite sides of the landing. Jackson conducted an "investigatory stop" on Espina, asked if he had any weapons, and began to pat him down, Karp said.

Espina took a swing at Jackson, and the officer pepper-sprayed Espina in the face, Karp said. Jackson cuffed one of Espina's hands, but Espina continued to struggle, Karp said.

The two fell down the stairs, and Jackson fell on top of Espina, Karp said. Jackson took out his metal police baton and tried to flick it open to its full length, but was unable to, Karp said. Espina pushed Jackson against a wall, and Jackson called on his police radio for backup, Karp said.

Espina ran down a set of stairs that led into a basement, then into a basement apartment, Karp said. Jackson feared Espina was breaking into an apartment, and he followed Espina, Karp said. Jackson grabbed Espina's shirt, and when he let go, Espina fell to the ground, Karp said.

Espina turned on his back and "scissor-kicked" toward Jackson, Karp said. Jackson was suddenly pushed from behind by Espina's son, who had entered through a ground-level kitchen window, Karp said. Espina and his son pushed Jackson and grabbed at his baton, and the officer fell into a corner Karp said. As Jackson got to his feet, suddenly "four or five" more men were in the apartment, all of them angrily grabbing at Jackson's baton, Karp said. The men forced Jackson onto a couch, Karp said.

Jackson saw Espina's handcuffed hand reach for his hand, and, fearing his life was in danger, shot him once, Karp said.

Witnesses for the Espina family provided a dramatically different account.

Noe Cordova Garcia testified that as soon as Jackson reached Espina on the second-floor landing, the officer began hitting Espina with his fists.

Jackson slugged Espina in the face several times, then pepper-sprayed Espina, Cordova Garcia said. Jackson slammed Espina, whose face was bleeding, against a door, she testified.

Jackson threw Espina down the stairs, Cordova Garcia said. The officer pulled out his police baton and began striking Espina's knees, Cordova Garcia said. Jackson grabbed Espina's right foot and began pulling it, as if trying to break Espina's knee, she said.

Luis Augustin testified that he saw Jackson beating Espina on the ground floor. Espina tried to get out the door, but Jackson grabbed him and threw him down the stairs to the basement level, Augustin said.

Elvia Rivera testified she looked through the peep hole of the basement apartment she shared with her mother and her mother's boyfriend and saw Jackson beating Espina, who is a friend of her family.

Rivera said Espina tumbled down the stairs as Jackson beat him. Rivera said she unlocked and opened the door because she was afraid for Espina.

The officer and Espina entered the apartment, with a bloody Espina in a crouch, while Jackson continued to hit him, she said. Rivera said she grabbed her mother and put her in a bedroom so she wouldn't have to see the beating. When she returned to the living room, "I saw the officer shoot Manuel. He pointed at his stomach and shot him."

Espina never kicked or struck Jackson, Rivera said. Espina's son did come into the apartment, but did not strike or push Jackson, she said. Rivera testified that she never saw four or five men enter her apartment, as Karp said.

Espina suffered numerous injuries to his face, torso, legs and arms before he died, an autopsy showed. Jackson was not injured, except for knuckle scrapes, authorities said.

The trial is expected to last three weeks.