PORTSMOUTH, Va. — Sunday Oct. 29, 2017 was relatively routine for Portsmouth police officer Jeremy Durocher.
"I just dropped off a stray dog at the shelter because animal control sometimes doesn't work on weekends," said Durocher. "I was planning to get home from work early to go to a concert."
That's when Durocher said he was called to a burglary-in-progress at Tatem Avenue.
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"Did you go out that day intending to shoot Deontrace Ward?" defense attorney Nicholas Renninger asked Durocher Wednesday.
"No, sir," answered Durocher.
Oct. 29, 2017 Durocher shot burglary suspect, Ward, then 18, in the back, shoulder and arm. Durocher's now on trial in Portsmouth where a jury will be deciding if he maliciously or unlawfully wounded Ward, or if the shooting was justified.
For the past three days attorneys have been asking the jury to analyze each frame of Durocher's body camera video. Durocher said the actual shooting unfolded in a matter of "two, maybe three, seconds" and was a split second decision.
Watch previous coverage: Eyewitnesses, officers testify in second day of jury trial for Portsmouth police officer who shot burglar
"As he stands up, I see a black gun pointed directly at me," Durocher explained. Officers had been setting up a perimeter around a home when Durocher said he saw the suspect and the gun.
That part of the incident isn't visible on the playback.
"I could see him before the body camera could see him," testified Durocher, explaining that the body camera was connected to his chest and didn't always point in the direction he was looking.
On the video the jury could hear the officer give burglary suspect Deontrace Ward commands before Ward starts to run.
"I gave him commands to stop, get on the ground. He did not comply" said Durocher. "He took about two to three steps in my direction. When he saw my firearm come up he started to parallel the yard."
"You didn't fire immediately at that time?" asked Commonwealth's Attorney Chris Warman.
"I think I was in shock from having a gun pointed at me," responded Durocher.
To get a better picture of what happened the attorneys took the jury to the shooting site in-person Wednesday.
There they could see the window Ward climbed from before Durocher saw him. They could see the backyard where Durocher fired two shots and then yelled to others he saw a gun. They could see the fence Ward climbed over before Durocher fired two more shots. And they could see where Ward fell to the ground.
It was a scene that, back in 2017, worried the neighbors.
"I told my elderly neighbor to get in the house," testified neighbor Jessica Terry. Terry ducked inside her home too because she "didn't want to be shot or hurt."
Attorneys wanted to find out how much of a concern bystanders were to Durocher.
"Why not let him keep running?" defense attorney Runninger asked the officer.
"He was still an active threat to the whole scene," Durocher responded.
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"You still shot towards a fence [officers/bystanders] might have been behind? You shot at a man who had his back to you? After you fired, did he return fire?" Commonwealth's Attorney Warman pressed. Ward didn't return fire.
"Can you stop me when you see on the video where you expressed concern for other officer's safety?" Warman asked. He suggested Durocher, on the video, verbalized his own fear but not fear for others.
Durocher said he had to weigh the risk. He said under his training he's supposed to "match the force."
"So, if they have a firearm, you match with a firearm," said Durocher.
Officers located a loaded gun inside Ward's pants leg by his ankle. Ward was treated at the hospital for his injuries and later pleaded guilty to armed burglary.
Durocher said he had been called to similar scenes around five times prior to the 2017 shooting. He said he had never before fired his weapon at someone.
Watch related story: Attorneys worried about impact of former chief’s comments on Portsmouth Police officer’s trial
"It all hit me when I sat down on that front porch," he teared up.
He's still with the police department.
The jury will have to consider officer Durocher's intent as they determine if he injured Ward unlawfully or with malice, or if the shooting was justified.
There's been a few setbacks with the jury in this case too. The judge released two alternates, and the defense team attempted to get the case declared a mistrial two separate times Wednesday over additional concerns with the jury.
The jury will hear closing arguments Thursday.
