43
FBI looks at files on shooting by officer
By John W. GOODWIN JR.
YOUNGSTOWN
Police and the city prosecutor’s office say investigations into the shooting of an 18-year-old Austintown man by a city police officer have cleared the officer of any wrongdoing, but FBI agents want to take a closer look.
Agents from the Federal Bureau of Investigation this week received from the city all files associated with the investigation into the shooting of Cory Timmings in late August by Officer Phil Chance Jr.
Chance had been on leave immediately after the shooting but was put back on the job in September.
According to a police report, Timmings was shot in the parking lot of Pal Joey’s, a bar on East Midlothian Boulevard, at 2:36 a.m. Aug. 21. Chance was helping to break up a fight and disperse a large crowd at the bar when the shooting occurred.
The officer shouted to Timmings to lower the music coming from his car, the police report said. Rather than turn down the music, Timmings drove toward Chance, hitting the officer and forcing him up on the car’s hood, the report said.
According to the report, Timmings wouldn’t stop even though Chance, who rolled off to the driver’s side, told the 18-year-old man that he was under arrest.
Chance reached inside the car, trying to turn off the ignition. Timmings then increased his speed, dragging Chance, the report said.
The officer, who said he believed his life was in danger, pulled out his gun and fired a shot inside the car toward the driver. Timmings, shot in the upper back, sped away, but his car was pulled over by police on Lake Park Drive.
Police Chief Jimmy Hughes said the FBI has the files associated with the investigation but added he has no idea what the FBI is looking for in them. He said the police department conducted a thorough investigation, and he is standing by that investigation.
“I don’t know their intent. All I know is that we have turned over our investigative material and all documents to the FBI,” said Hughes. “They, meaning the FBI, did not tell us what they are doing.”
City Prosecutor Jay Macejko said the prosecutor’s office also looked into the matter and found that there were no inconsistencies in Chance’s report. He said the investigation revealed that Chance did nothing wrong in the shooting.
Charges against Timmings, however, are still a possibility.
Hughes said charges had not been filed against Timmings initially because of his injuries, police interviewing a lengthy list of witnesses, and police waiting for the results from lab work associated with the case.
Macejko said he is meeting with attorneys representing Timmings early next week.
“The possibility of charges is still out there,” Macejko said. “We are hopeful that criminal matters involving Mr. Timmings will be resolved next week.”