Excessive Force

December 2004: In what was considered one of the most litigated criminal cases in Palm Beach County, Telly Andrews was charged in January 2000 with attempted first degree murder of a law enforcement officer. He faced over 45 years imprisonment. It was alleged that he drove toward an officer, which prompted that police officer to fire about six rounds toward him, several of which hit him as Andrews was driving away from the scene, which was precipitated by a malfunctioning taillight. There was extensive debate on whether the crime scene confirmed the officer’s version of events. The first trial ended with an attempted second degree murder conviction, whereupon Val Rodriguez convinced the judge to order a new trial based on a series of errors by the State. The trial judge opined that the police officer should have been the defendant on trial. In the second trial, there was a conviction for aggravated assault, whereupon the judge issued a sentence for time served. The State appealed, and because of a change in state law, the trial judge had to change the sentence to three years imprisonment in December 2004. Andrews sued the City of West Palm Beach for improperly shooting him, and settled his excessive force civil case thereafter. (See Palm Beach Post articles titled: Judge Reluctantly Mets Out Penalty, published on December 18, 2004, and Anatomy of a Police Shooting, published on November 25, 2002, and Attempted Murder Verdict Tossed, published on April 6, 2001).