The trial of a Juneau man injured in an officer-involved shooting has been postponed for at least a month, in part due to a possible defense motion involving the personnel records of the officer in question, JPD Sgt. Chris Gifford.
Jeremie Shaun Tinney, 38, was shot at by Gifford on Dec. 3, 2016, after he allegedly refused to exit his vehicle, which had crashed into a ditch.
In January, state investigators cleared Gifford of any wrongdoing, and Tinney subsequently was indicted by a Juneau grand jury on one count of failure to stop at the direction of an officer, in connection with the shooting.
Tinney was set to go to trial next week on that felony count, along with misdemeanor charges of DUI, reckless endangerment and fourth-degree assault (causing fear of injury), as well as driving on a suspended or revoked license.
In Juneau Superior Court on Monday, Tinney’s attorney Assistant Public Defender Eric Hedland told Judge Louis Menendez that he was having serious issues with viewing the discovery evidence provided by the state.
Hedland added that he wanted time as well to work on filing several motions, one of which could ask to separate the felony charge from the misdemeanor counts. The other motion could stem from a review of Gifford’s past history with the police department. He had been involved in a prior shooting in September 2008.
Tinney’s trial was re-scheduled to Sept. 25, with a trial call set for Sept. 18.
According to the report issued in January by the state of Alaska Office of Special Prosecutions, Gifford fired at Tinney because he believed him to be armed with a long rifle.
[JPD officer cleared in December shooting]
On Dec. 3, Gifford was dispatched to Ocean View Drive after two 911 calls at about 4 a.m. reporting an SUV in a ditch; the SUV had been involved in an earlier pursuit. Tinney, who allegedly had threatened to shoot officers in the past, refused to exit the vehicle and eventually crawled into the back, according to the report.
Gifford saw Tinney point what he thought was a rifle at another officer and a paramedic, then swing it his way. Gifford fired one round, which went through the middle window and a head rest. Tinney was injured by glass and shrapnel and was subsequently taken into custody.
Tinney first was sent to Washington state for a probation violation and was sentenced to 180 days in jail there; he then was extradited by the state of Alaska back to Juneau.
Gifford was also involved in a shooting incident in September 2008, when he fired shots at a van being driven by Victor Powell. During Powell’s sentencing on drunken driving and assault charges the following year, an expert witness for the defense testified that Gifford shooting at the moving van was “at best bad judgment, at worst criminal negligence.” Then-Police Chief Greg Browning told the Empire that an internal investigation of the shooting incident had resulted in appropriate disciplinary action.
Contact reporter Liz Kellar at 523-2246 or liz.kellar@juneauempire.com.
