Shooting Accounts at Odds in Report

The statements that Deputy Ivory John Webb Jr. made to the sergeant conflict with the videotape of the Jan. 29 shooting in which Air Force policeman Elio Carrion was shot and wounded. The tape, which has been repeatedly broadcast on television and received national attention, shows Carrion kneeling and then getting shot as he follows an apparent order by Webb to stand.

Webb, 45, was charged with attempted voluntary manslaughter last week and pleaded not guilty.

The sergeant who spoke to Webb shortly after the incident said the deputy had told him that Carrion "tried to get up and lunge" at him. A Chino police officer who also arrived at the scene moments after the shooting said Webb had told him that Carrion "tried to attack" him.

When detectives tried to interview Webb hours after the shooting, he declined, saying he wanted to retain an attorney. When he finally agreed to be questioned, four days had passed and he had seen the tape of the shooting on television, according to the nearly 400-page shooting report, a copy of which was obtained by The Times.

During a tearful 2 1/2-hour interview with sheriff's investigators, Webb said he "saw what appeared to be [Carrion's] hand inside his jacket," which led him to believe that Carrion was going for a gun. He said Carrion then turned toward him and said he thought, "I'm dead."

At that instant, Webb said, he was thinking, "I'm not going to see my baby, I'm not going to see my wife. I'm not going to see my dad."

Attorney Luis Carrillo, who represents the wounded Carrion, said he believed Webb changed his story because he knew his initial statements didn't jibe with the tape.

"He falls back on a classic false version of events that police have used over and over again to justify bad shootings," Carrillo said. "When they shoot an unarmed person, they claim that they saw them reach for their waistband or reach inside their jacket, causing them to fear for their lives. Thank God for the videotape. It totally destroys his false stories."

The videotape is expected to play a crucial role in Webb's criminal case. Though the tape is grainy and the audio is at times difficult to hear, it shows Webb shooting Carrion as he appears to be complying with the deputy's order to "get up."

The tape does not show Carrion lunging or charging at Webb. In fact, just before getting shot, Carrion can be heard telling the deputy that he was in the military and "on your side" and meant him "no harm."

The shooting report said investigators had the videotape enhanced and analyzed, but the results of that analysis were not contained in the report copy obtained by The Times.

Michael D. Schwartz, an attorney representing Webb, did not return calls seeking comment.

Deputy Dist. Atty. Lewis Cope, who is prosecuting Webb, declined to comment about the deputy's statements or any other aspect of the case.

The report contains the most detailed account to date of the incident from Webb's perspective. It is unclear, however, whether detectives challenged Webb on the contradictions in his statements about what prompted him to use deadly force.

According to the report, Webb told detectives that on the night of the shooting, he was three hours from finishing his last shift before going on vacation. He recalled chatting on a cellphone with his wife or a friend when he heard a radio transmission from another deputy saying he was in pursuit of a dark blue Corvette. The car, the deputy added, was traveling at about 120 mph.

Webb ended his call and drove in the direction he thought the pursuit was headed so he could help.

Moments later, Webb told investigators, he heard a siren and the roar of an engine that "sounded like a rocket."

The Corvette was headed straight for him, Webb said, forcing him to turn his patrol car to get out of the way. He then joined the pursuit, watching as the Corvette careened off a curb and went through a red light.