Lawyer and retired police lieutenant react to footage of suspect in Birmingham police shootout

BIRMINGHAM, Alabama (WBRC) – It’s been more than 48 hours since Birmingham police shot and killed 28-year-old Jaylin Patton during a chase on I-20/59 N between Tallapoosa Street and Airport Blvd.

On Friday, Birmingham police released bodycam video showing the intense moments. Patton survived. Police initially said he fired at police before officers fired back 16 times. However, after the release of body camera footage, police now say Patton never fired the gun.

After watching the video, local criminal defense attorney Roger Appell said officers may not have followed protocol.

“Someone has alleged that this young man shot at them, and that is a problem,” he said. “From a civil rights perspective, I certainly see possible misconduct. As I said, I don’t believe police policy was followed in this case.”

Police have not yet disclosed where Patton was shot, but according to his mother, the 28-year-old was hit from behind, which is a red flag for Appell.

“He had his back turned during the shooting. So I don’t see that his life was in danger when he shot. That would be my argument in a civil case,” he said.

Former Tuscaloosa County Lieutenant Andy Norris said the officer followed protocol.

“A lot of things can’t escalate to that level if people just understand how to follow the instructions they’re given,” Norris said. “The standard is that you have the right to defend yourself if you want to protect yourself or a third party from death, imminent death or great bodily harm, and that’s what the officer did in this case.”

Both agree that criminal charges should be filed against Patton.

Alabama law enforcement is investigating this incident, which is common practice when police shoot a weapon.

Court records show that Patton has an extensive criminal record, including previous charges of fleeing police and reckless endangerment.

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