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July 4, 2013 — Daytona Beach

On July 4, 2013, Daytona Beach Crime Suppression Team Officers James Maher and Michael Cherry, in an unmarked car, grew suspicious of a silver Toyota Camry speeding from the area.

The officers thought the car might be stolen, was fleeing a robbery or contained drugs.

Officers in a marked cruiser tried to pull over the car. The Camry's driver turned left in front of a Jeep causing a crash and then drove away. Read more

The Camry was found backed into a driveway at 108 Big Ben Dr.

Police say that as Maher and Cherry approached the Camry, driver James Kearse accelerated through the front yard toward Maher and sped away.

Both officers fired at Kearse.

Kearse, 35, later arrived at a hospital with a gunshot wound to the elbow and a graze to the shoulder. He told the FDLE that he didn't know that the men were cops because they were in an unmarked car, and he was scared.

He said all he saw was a man jump out of a car and start firing at him, and that's why he sped away. He claimed that he never drove near an officer.

He was sentenced to 10 years for aggravated assault on an officer, five years for fleeing and five years for a 2012 charge of possession of cocaine.

This was the 71st police shooting in Florida in 2013.

Five days earlier, one officer shot one person in Miami .

One day later, one officer shot one person in Pensacola .

4 ways this case compares to others

  1. Officers shot 10 bullets. The average was eight.
  2. Kearse and 94 other people who police shot reportedly drove at an officer.
  3. Kearse was fleeing from police or a crime scene, which is true in a quarter of shootings.
  4. This shooting came after officers pulled over Kearse for a traffic violation. Seventy-seven cases began with a traffic stop.

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