8.4.11: State's Attorney Announces Results of Investigation Regarding Shooting Outside Select Lounge
August 4, 2011 -- Concluding an investigation that involved interviews with more than 100 witnesses and an exhaustive evaluation of the forensic evidence, Baltimore City State's Attorney Gregg L. Bernstein announced today that there is insufficient evidence to conclude that criminal acts occurred during the tragic January 9, 2011, shooting that claimed the lives of Sean Gamble and Baltimore Police Officer William Torbit Jr.
"This is a terrible tragedy for the loved ones of Mr. Gamble and Officer Torbit, as well as for the entire City of Baltimore," Bernstein said. "We conducted a careful and thorough review of the evidence to determine if anyone involved bears criminal responsibility under the constitutional standard of proof beyond a reasonable doubt. Applying this standard, we have concluded that there is insufficient evidence to warrant criminal prosecution of any of the officers who discharged their weapons."
At approximately 1:15 a.m. on January 9, 2011, the Baltimore Police Department was called to the Select Lounge to respond to a crowd disturbance inside of the nightclub. Mr. Torbit answered the call, going to the location and helping to remove patrons from the establishment. Officer Torbit was wearing plain clothes, a badge around his neck, and a gun and handcuffs at his side.
In a parking lot located on the north side of the establishment, Jazzmin Graves claims that a car brushed against her. Ms. Graves and her friends engaged in a verbal dispute with the car's driver, and Ms. Graves struck the vehicle with her shoe. A crowd formed around the Ms. Graves and the vehicle. To diffuse the situation, Officer Torbit approached and directed the driver to pull away. Upset that he permitted the driver to leave, Ms. Graves began arguing with Officer Torbit. Mr. Gamble then commented to Officer Torbit regarding the way he was handling the situation. An argument between Mr. Gamble and Officer Torbit ensued and turned into a physical altercation. A member of Mr. Gamble's party then over and struck Officer Torbit with his fist. Others subsequently joined the fracas. Still fighting, Mr. Gamble and Officer Torbit fell to the ground.
Other unidentified individuals began kicking and punching Officer Torbit while he was on the ground with Mr. Gamble. Officer Torbit responded by drawing his weapon and firing eight times, striking Mr. Gamble once. As he fired, people standing over and around him started to flee.
In the meantime, four additional police officers — Latora Craig, Harry Dodge, Harry Pawley, and Toyia Williams — responded to the commotion. In an attempt to disperse the crowd, Officer Pawley used pepper spray. As the crowd dissipated, Officer Pawley saw Officer Torbit firing a weapon, drew his own weapon, and shot Officer Torbit. Believing that their colleague was firing at a civilian who was a threat to others, the three additional officers fired at Officer Torbit.
Officer Torbit was killed by bullets fired by Baltimore City Police Officers Latora Craig, Harry Dodge, Harry Pawley, and Toyia Williams. The evidence establishes that they used deadly force in this situation because of a reasonable fear of imminent, substantial physical harm or death toward themselves and other civilians in the immediate area around Officer Torbit.
Sean Gamble likely was killed by a bullet fired by Officer Torbit while the two were struggling on the ground. The evidence also establishes that in firing his weapon, Officer Torbit acted reasonably in his use of deadly force because of an immediate fear of death or substantial injury resulting from his attack by several individuals who were kicking and stomping him while on the ground.
Three civilians — Jazzmin Graves, Katrina Harris, and Jamie Jordon — were struck by ricocheting bullets fired by police officers during the incident.
"This was no rush to judgment, but instead a careful investigation. As always, our Office's commitment is to the truth and the facts, and that will always govern how we proceed," State's Attorney Bernstein said.