THE ARMED police officer who shot and killed Jermaine Baker will face gross misconduct proceedings more than two years after the fatal shooting.
The officer, who is known only as W80 in order to protect his identity, discharged his firearm and fatally wounded Baker in December 2015.
Yesterday the Independent Office for Police Conduct (IOPC) announced that it had directed the Metropolitan Police Service to hold gross misconduct proceedings for the officer who shot and killed Baker.
Sarah Green, the IOPC regional director, said “I have directed that W80 should face gross misconduct proceedings having applied the relevant legal tests. The test I must apply, in deciding whether or not there is a case to answer for W80 is whether there is sufficient evidence, upon which a reasonable misconduct hearing, properly directed, could make a finding of gross misconduct.
“I have determined that in the specific circumstances of this case, a hearing could make a finding of gross misconduct. It is now for the police misconduct panel, led by an independent legally qualified chair, to test the evidence and to decide on the balance of probabilities whether W80 breached the police standards of professional behaviour by using excessive force.”
Baker, who was from Tottenham, and two other men were attempting to free a friend from a prison van near Wood Green Crown Court when they were intercepted by armed police.
The officer known as W80 fired one a single shot that killed Baker.
On June 14 2017, it was announced that the officer would not face criminal charges as a result of the shooting.
Baker’s family had requested a review of the ruling but the decision was upheld by the Crown Prosecution Service.
Inquest, the charity that has been supporting Baker’s family since his death, said it was “deeply concerning” that the Met had been forced to take action in this case.
Deborah Coles, executive director of Inquest, said: “Once again we see a force refusing to accept the police watchdog’s misconduct recommendations. Any fatal use of force by police officers must be subjected to the highest level of scrutiny and accountability. It is deeply concerning that the Metropolitan Police Service has had to be forced to take action in this case. This follows a pattern of similar cases where forces are refusing to act until compelled to do so.”
Baker did not have a gun on his person at the time of the shooting. A replica machine gun was found in the car used by Baker.
Ken Marsh, chairman of the Metropolitan Police Federation union, said: "It is no wonder that the police service is struggling to recruit firearms officers when they are threatened with losing their job after protecting the public.
"The MPF are fully supporting the officer at this very difficult time.”
The two other men who were trying to free inmate Izzet Eren, who was sentenced to 14 years in prison for possessing a loaded pistol and machine gun, were jailed for their part in the ambush.
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