Witness: Winston Smith was holding a phone, not a gun, when he was fatally shot by police in Minneapolis
Jul. 2—The female passenger sitting next to Winston Smith Jr. when he was fatally shot by members of a federal task force in Minneapolis on June 3 said Smith was holding a phone, not a gun, as authorities have said.
Attorneys Christopher Nguyen and Racey Rodne said their client, Norhan Askar, has anxiety just being in a car since the shooting in the Uptown neighborhood.
"Besides the trauma of having her lunch date shot to death while seated immediately next to her, our client was sprayed with broken glass shot out by law enforcement," Nguyen said Thursday.
Smith was fatally shot by members of a U.S. Marshals Service task force that included Ramsey County deputies who were attempting to arrest him for illegally possessing a gun. He had a Ramsey County warrant issued May 19 but had not appeared in court for his sentencing. He had pleaded guilty to possessing a firearm by a person ineligible due to a previous crime of violence.
The Minnesota Bureau of Criminal Apprehension said June 4 that evidence at the scene indicated that Smith had fired a gun at officers from the inside of the vehicle and crime scene personnel recovered a handgun and spent cartridge cases from inside the car.
Askar's attorneys held a press conference Thursday in Minneapolis saying she had requested they tell more of her side of the story. Her attorneys had previously announced to the media that she hadn't seen Smith with a gun when he was shot.
On June 3, Smith, 32, of St. Paul, met her at another parking lot so she would not have to pay for parking when they went to Stella's Fish Cafe on Lake Street for a lunch date.
"They drove to the top of the ramp, walked downstairs, had lunch, laughed, had a couple of drinks and enjoyed each other's company," Nguyen said. "They walked back to the car, entered the car, and were suddenly surrounded by unmarked cars and people with guns. These people were dressed in neither sheriff, nor peace officer uniforms. They yelled commands and did not announce themselves as law enforcement of any kind."
"While yelling commands for them to put their hands up, multiple armed people targeted their weapons upon Miss Askar and Mr. Smith," Nguyen said. "Our client complied with their commands, scared for her life. Mr. Smith had a mobile device, and began to Facebook Live, as he raised his phone."
Nguyen said once Smith raised his phone, Askar heard gunfire and saw Smith's body slump over. She was pulled from the car, handcuffed and placed into the back of an unmarked police car.
"Our client never saw a gun in the car," Nguyen said. "And to be clear, she never saw Winston Smith in possession of a gun."
Rodne added: "The BCA has informed us that they also failed to take gunshot residue tests from the body of Mr. Smith. (His body) was washed by the Hennepin County medical examiner before these tests were conducted."
In response, the BCA said Thursday night that the agency didn't request such testing because it would not provide conclusive evidence. Because guns were fired from inside and outside Smith's vehicle in close proximity, any testing would be inconclusive.
As for the medical examiner's office, the BCA said forensic pathologists only performs gunshot residue testing at the request of law enforcement.
The BCA did say it is conducting "DNA testing and other pertinent examinations" on the firearms involved in the case.
The officers involved in Smith's shooting were not wearing body cameras. The BCA said it's prohibited from releasing the officers' identities because they were working undercover.
Smith's shooting sparked days of protests in Uptown as his family members and community members have demanded transparency.
Smith was shot as Minneapolis was already on edge since the police killing of George Floyd over a year ago, and the fatal shooting of Daunte Wright by an officer in nearby Brooklyn Center in April.
