Winston Smith shooting: Cell phone video released; federal task force won't be charged
Winston Smith's cell phone video of shooting [Warning: Graphic]
Here is the video Winston Smith recorded when he was fatally shot by authorities in June 2021. Warning: This video is graphic. The BCA says, "The officers at the vehicle’s window begin to strike it in an attempt to gain access to Mr. Smith. While the officers’ actions are not captured on video, the noise of the strikes and glass shards coming from the window toward Mr. Smith are observable. It has been noted by the BCA that the glass of this window did not easily shatter. Therefore, to a casual observer of the video, it would be easy to mistake the sounds of the strikes and the ensuing glass shards as gunshots coming into the vehicle."
MINNEAPOLIS (FOX 9) - The Hennepin County Attorney's Office (HCAO) has decided not to charge the federal task force that killed Winston Boogie Smith in 2021, after reviewing cell phone video obtained from Smith's phone from the time of the incident.
No charges in killing of Winston Smith
Winston Smith case: BCA recovers video of shooting
The Minnesota BCA has recovered a video showing the shooting of Winston Smith by a law enforcement task force in Minneapolis.
What they're saying:
The HCAO decided not to charge the task force members under the U.S. Marshals Service who shot and killed Smith as they were attempting to execute an arrest warrant on June 3, 2021. Smith had opened fire on officers as they were trying to apprehend him, and officers fired back, killing him.
In October 2021, the Crow Wing County Attorney's Office, reviewing the shooting on a conflict basis, found that the task force shouldn't be charged.
In November 2024, the Minnesota Bureau of Criminal Apprehension (BCA) was able to obtain video of the incident from Smith's cell phone, after a year of attempts.
The BCA gave HCAO the video to review to see if it had an impact on the case and if the task force should still not be charged.
What the cell phone video shows
Winston Smith's cell phone video of shooting [Warning: Graphic]
Here is the video Winston Smith recorded when he was fatally shot by authorities in June 2021. Warning: This video is graphic. The BCA says, "The officers at the vehicle’s window begin to strike it in an attempt to gain access to Mr. Smith. While the officers’ actions are not captured on video, the noise of the strikes and glass shards coming from the window toward Mr. Smith are observable. It has been noted by the BCA that the glass of this window did not easily shatter. Therefore, to a casual observer of the video, it would be easy to mistake the sounds of the strikes and the ensuing glass shards as gunshots coming into the vehicle."
What we know:
This video is the first recording of the shooting, as no officers were wearing body-worn cameras at the time of the incident.
The video starts with officers demanding Smith to exit his car, according to authorities. The woman in the car with Smith is heard pleading with Smith to get out of the car.
HCAO says the video shows Smith "not acting aggressively" and seeming to be in a "distressed" state. Officers then begin striking Smith's windows in an attempt to apprehend him. While the video doesn't show the officer striking the windows, it can be heard.
According to HCAO, the BCA noted the windows were not easily broken, and to the "causal observer", the sounds of the windows breaking could be mistaken for gunshots.
Smith then retrieves his gun and fires at the officers, authorities said.
After reviewing the video, HCAO determined the officers still acted legally and followed U.S. Marshal's policies.
READ MORE: Winston Smith shooting: BCA unlocks phone, obtains video of shooting
Winston Smith's shooting death
The backstory:
A Ramsey County sheriff’s deputy and a Hennepin County sheriff’s deputy, working as part of a U.S. Marshals Task Force, shot and killed Smith, on June 3, 2021, while trying to arrest him on a warrant for being a felon in possession of a firearm, the BCA investigation found.
As the task force was trying to get into Smith's SUV, he pulled out his gun and fired at them, authorities said, and two of the members used deadly force in response.
In a letter to Hennepin County Attorney Mike Freeman, Crow Wing County Attorney Donald Ryan said the U.S. Marshals Task Force’s use of deadly force was justified in Smith’s death.
Ryan said the task force was "properly exercising its lawful authority to apprehend Winston Smith on the Ramsey County felony warrant." He said the task force was "readily identifiable" when informing Smith that he was under arrest and ordering him to comply with their commands, but Smith failed to comply.
HCAO and US Marshals Service respond
What they're saying:
"While our review of the video does not change the conclusion that the use of force was lawful, this was a tragic outcome," Hennepin County Attorney Mary Moriarty said. "We appreciate our ongoing collaboration with law enforcement partners toward ensuring the safety of officers and the public."
HCAO and the U.S. Marshals Service (USMS) released the following statement:
"The Hennepin County Attorney’s Office has reviewed the video recovered from Winston Smith’s phone and has determined that it does not change the conclusion that this was a lawful use of force.
"USMS has committed resources and made advancements to ensure law enforcement officers are equipped and trained to properly use body-worn cameras to increase public trust in law enforcement and make communities safer.
Law enforcement agencies should take every opportunity to review critical incidents, as well as internal practices and procedures to ensure the safety of officers and the public."
The Source: A press release from the Hennepin County Attorney's Office.