Off-duty officer cleared in fatal shooting - Cleveland 19 News Cleveland, OH

Off-duty officer cleared in fatal shooting

CLEVELAND (AP) - An off-duty police officer who fatally shot an intruder in his backyard 14 times will not be charged, a prosecutor said.

Assistant Cuyahoga County Prosecutor David Zimmerman said
Wednesday that James Toomey, 36, had acted in self-defense when the man allegedly moved toward the officer with a pipe.

Toomey was at home last June 28 when he heard noises outside about 2:30 a.m. He went out and saw Joseph Finley, 20, lying on the ground with a metal pole in his hand.

Toomey said he warned Finley to stay still, but Finley jumped up and attacked him, so he fired.

Finley's supporters have said he was running from a gang.
Philip Yenyo, director of the American Indian Movement, said Zimmerman's ruling was ridiculous.

"The kid was shot 14 times," he said.

Finley was of Cherokee and Seminole descent.

(Copyright 2003 by The Associated Press. All Rights Reserved.)

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