Officer fired after shooting driver with driver's own gun
Former officer admitted she accidentally shot legally armed man with his own pistol.
by Lee Williams
The Second Amendment Foundation has a high bar for stories involving police misconduct. Many stories aren’t retold, especially if they involve simple or common mistakes.
The Dec. 13 shooting of motorist Jason Arrington by Jacksonville Sheriff’s Office officer Mindy Cardwell is different. Quite simply, it may be one of the dumbest things a cop has done in quite a while.
Arrington was pulled over around 5:10 p.m. after allegedly running a red light on Main Street and 27th Street. After telling the officer that he was armed, Arrington was told to get out of the vehicle.
Arrington, it should be pointed out, was legally allowed to carry a concealed firearm, and officers later described him as being “very compliant.”
Arrington got out and put his hands on top of his SUV, while Cardwell attempted to remove his handgun, which was on his right side in an IWB holster. Officer Cardwell can be seen struggling to remove the handgun.
During her internal affairs interview, Cardwell admitted that her finger accidentally slipped into the trigger guard inside Arrington’s pants “while she was using her non-dominant hand to remove the gun.”
“Unfortunately combined with the holster and the pants, it just was not coming out freely,” Cardwell said, according to the internal affairs report. “I think, not being aware of where my fingers were on the inside of the trigger, obviously an accident happened that I’m at fault for. In hindsight, I wish we could have slowed it down and done a thousand things differently.”
The weapon discharged and the round went through Arrington’s right thigh, which he later claimed left him with “lasting physical impairments that affect his ability to work as a crane operator.”
Officials determined Cardwell was “grossly incompetent” and she was fired, but investigators declined to pursue criminal charges.
Several days later, the Sheriff’s Office sent out memos to its staff reminding them that concealed carriers are not a threat, and that “officers should not seize a detained person’s gun or remove it from a holster or vehicle without ‘articulable suspicion’ that the person presents a threat to the safety of others, including the officer.”
“The mere fact that a person is carrying a concealed firearm does not automatically mean that a person poses a threat or is ineligible to carry a concealed firearm. Unless an officer has articulable suspicion that the detained person presents a threat to the safety of citizens or officers or has knowledge that the detained person is ineligible to carry a concealed firearm, officers should not seize a firearm (i.e. remove it from holster, vehicle, pocket, bag, etc.) from someone awfully carrying it,” the memo states.
Arrington, very clearly, was not a threat. He complied quickly with everything the officers asked him to do.
Takeaways
The Jacksonville Sheriff’s Office responded about as well as they could to this no-win situation. Officers rendered good First Aid—a tourniquet and an Israeli compression bandage. They told their superiors it was a negligent discharge quickly over the radio. Their administrators put out the facts as soon as they were ready. However, their now former officer’s misdeeds left the agency totally exposed to the lawsuit that Arrington will undoubtably and very deservedly file.
Former officer Cardwell shot an upstanding citizen with his own handgun for no reason. Carrying a concealed firearm, which the 39-year-old did lawfully, is certainly not a crime. Besides, Arrington was extremely polite and compliant even after he was shot. He only swore once as an officer tightened the tourniquet on his wounded leg.
Officers may be forced to explain why they decided to disarm him during a minor traffic violation. That will be the real question. They should have issued a citation and simply let him drive away.
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It's been several years back now, we're leaving the gun club, my brother is driving, and needless to say he wasn't paying attention and was speeding. Well, the oncoming FHP did a turnaround, but my brother has enough sense to immediately pull over. He isn't carrying but I am.
The Trooper walks up to the truck and my brother tells him we have guns in the car. His response was " I'm not worried about that."
Florida isn't a state that requires you to notify officers if you are carrying, nor is my state, so my general rule of thumb is that unless required to by state law or directly asked by the officer, I am not volunteering that information in a routine traffic stop. Far too many cops, like this lady, are not equipped to see a legally armed civilian as anything but a threat. Notifying them you are armed just increases the likelihood of something going sideways and besides...it is none of their business.
Having said that, why this cop would decide that in a traffic stop the thing to do is to attempt to disarm a legally carrying civilian is beyond me. Maybe less time painting your fingernails black and more becoming comfortable with firearms and the laws of the state of Florida would have benefitted her?