'This has to stop': Federal court rules five West Virginia cops who fatally shot mentally ill black man 22 times as he lay on the ground cannot be protected by immunity in 'extraordinary' ruling seven years after his death

A federal court has ruled five West Virginia police officers involved in the fatal shooting of a 50-year-old mentally ill black man should not be protected by immunity, in an 'extraordinary' ruling seven years after his death. 

Wayne Jones was killed in Martinsburg, West Virginia in March 2013 after he was tased, placed in a chokehold and shot 22 times during a confrontation with police.

The man, who was schizophrenic and homeless at the time, had been stopped by an officer around 11.30pm for walking on the street instead of the sidewalk.  

His death was ruled a homicide, but the officers involved, identified as Erik Herb, Daniel North, William Staubs, Paul Lehman, and Eric Neely, were never indicted. 

Wayne Jones, 50, was tased, placed in a chokehold and shot 22 times by West Virginia police during a confrontation in March 2013 

Jones's estate later sued the city for damages claiming excessive use of force and alleged the city had failed to properly train and discipline police officers, but the suit was dismissed by a district court twice.

On Tuesday, a panel of three judges on the Fourth US Circuit Court of Appeals overturned the ruling in a unanimous decision, finding the 'district court had improperly considered the facts in the light most favorable to the officers, rather than the estate.' 

Jones, who had been carrying a knife, had stabbed one of the officers during the incident, but had been incapacitated and lying on the ground when he was shot, the Judge Henry Floyd said. 

The decision notes the officers could not be protected by immunity because law enforcement 'may not constitutionally use force against a secured, incapacitated person—let alone use deadly force against that person.' 

'What we see is a scared man who is confused about what he did wrong, and an officer that does nothing to alleviate that man's fears. That is the broader context in which five officers took Jones's life.' 

Judge Floyd also drew comparisons to the recent killings of black men by police in the US, including Michael Brown and George Floyd, saying: 'This has to stop.' 

'Although we recognize that our police officers are often asked to make split-second decisions, we expect them to do so with respect for the dignity and worth of black lives. 

'Before the ink dried on this opinion, the FBI opened an investigation into yet another death of a black man at the hands of police, this time George Floyd in Minneapolis. This has to stop.'

Judge Floyd said awarding qualified immunity would allow police to be protected over 'fear-based use of deadly force, which we cannot accept.'  

According to an amended complaint in 2013, officers shot at Jones as he tried to get to his feet after he stabbed a cop in the torso with a pocket knife. 

It was later revealed the wound was so minor, the officer didn't need medical treatment.

+4

+4

Judge Henry Floyd said awarding qualified immunity would allow police to be protected over 'fear-based use of deadly force, which we cannot accept.'

Lehman was the first officer to encounter Jones and fired his gun eight times. This was followed by Herb's five, Neely's four, Staub's three and North's two.

The officers were armed with Sig Sauer .45-caliber handguns that hold nine rounds in the magazine.

After the shooting occurred, Martinsburg police admitted they used projectile stun guns twice on Jones, which had little effect, and shot him.

The lawsuit also claimed Jones' body was left in a pool of blood for four hours before he was moved.

The complaint also states that, although the officers were placed on administrative leave following the shooting, they were given various maintenance jobs and trained for other positions at the department. 

+4

Jones' family members (pictured sitting) sued the city of Martinsburg, Virginia for $200 million in damages after his death