More questions about Miami Beach Memorial Day shooting

Why did they try to destroy or confiscate cameras? [Link]

In the ensuing moments after Miami Beach police shot and killed Raymond Herisse in a hail of bullets on Memorial Day, one officer turned his gun on a man who had recorded the shooting.

That video, which was posted on Youtube late Monday, then goes blank.

But Narces Benoit, a 35-year-old car stereo technician from Palm Beach County, said the officer dragged him out of his car, grabbed his phone and smashed it down on the ground, destroying it.

Police then detained him for several hours at the police station, Benoit told the Miami Herald.

The only reason he was able to salvage the video was because he was able to remove the memory card from the broken phone after the cop had placed it back in his pocket and hide it in his mouth.

The video, the second citizen video to be posted on Youtube since the shooting last week, provides more insight into the shooting that left a 22-year-old man dead.

But it also raises more questions.

The obvious question after viewing this video is why did police wish to destroy evidence, which is a crime. Benoit said that police had destroyed other people’s cameras as well but nobody else has come forwarded with that claim.

However, Local 10 is reporting that police confiscated one of their cameras as well, which is illegal because the law requires them to obtain a subpoena to do this.

It was a highly stressed situation and perhaps police were thinking Benoit was holding a gun instead of a camera, but that still does not justify destroying the phone.

Benoit has retained Palm Beach County attorney Reese Harvey and will most likely file a lawsuit against the police department.

But the main questions surround Herisse, who police describe as a long-time felon who tried to run over several officers before he was shot and killed.

At first, police claimed Herisse was firing out the window, but then it took them two-and-a-half days to find the gun in his car.

And several days after that finding, Miami Beach Police Chief Carlos Noriega said it was found in the floorboard behind the driver’s seat, according to the Miami Herald.

He also said they have not determined if the gun had been shot nor did he say if spent shell casings were found inside or outside Benoit’s car.

As for why it took so long for them to find the gun, Noriega said they needed to get legal consent to search the car, but that’s a little difficult to believe considering they had to enter the car to remove Herisse’s body.

And besides, this department is not exactly known for respecting the Constitutional rights of citizens – especially on Memorial Day Weekend.

In fact, these officers acted pretty reckless in discharging their weapons at Herisse, striking four innocent bystanders in the process, including one man who still has a bullet lodged in his chest.

Benoit’s video also show’s that Herisse’s driver side was window was rolled up, which would make it impossible for him to have been shooting out of it.