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Report: Man Killed By Police In SoBe Shooting Didn’t Fire Gun

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A man in a nearby building video taped a police involved shooting on South Beach early Monday, May 30, 2011. (Photo Courtesy: MKRadio)

A man in a nearby building video taped a police involved shooting on South Beach early Monday, May 30, 2011. (Photo Courtesy: MKRadio)

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South Florida Crime

MIAMI BEACH (CBSMiami) – The man at the center of a highly-publicized police involved shooting on Miami Beach during Memorial Day weekend 2011, did not appear to have fired a weapon, according to a report obtained by CBS4 News partner The Miami Herald.

The report, completed by Miami-Dade Police’s forensics lab, shows that Raymond Herisse did not test positive for gunpowder residue — a key clue to whether he might have discharged a pistol found in his car.

The shooting took place around 4 a.m. on May 30th, 2011 after police say Herisse tried to hit them with his car on a crowded Collins Avenue. Police said they thought he was armed and dangerous. Cops opened fire near 14th St. and Collins Ave., in a barrage of bullets captured on camera and posted on YouTube, which was then repeatedly played on TV newscasts.

Records show police fired more than 115 rounds. Herisse was killed.

Four bystanders were also wounded in the shootout.

Police found the gun hidden in Herisse’s blue, bullet-ridden Hyundai three days later.

The shooting occurred during Urban Beach Week, a hip-hop-themed series of parties that attract thousands of young revelers to South Beach.

Miami-Dade police released the report this week in response to a recent public records request by one of the lawyers suing Miami Beach.

Herisse’s family, the wounded bystanders and their supporters say the 12 police officers who fired their weapons acted recklessly.

Civil rights leaders criticized police saying they were heavy-handed in dealing with the mostly African-American crowd, while the event has rankled some Beach residents for years, upset about the event that has brought a crush of outsiders and crime to the already congested area.

After the shooting, lawyers for the wounded and Herisse’s family went to court seeking access to police records.

Miami-Dade Circuit Judge Victoria Sigler ruled earlier this month that most of the records could not be released because of the pending criminal probe. Miami-Dade prosecutors are awaiting the final report from the lead homicide investigator before deciding whether the officers were justified in using lethal force.

The judge did order that Herisse’s autopsy report and 911 and police radio dispatches be released.

The Miami-Dade police report was released to Bradley Winston, who represents wounded bystander Sarah Garcia.

Miami lawyer L. Elijah Stiers, who represents wounded bystander Carlson Saint Louis, said the gunshot residue test was important in knocking down any notion that Herisse fired the bullets that hit people in the crowd.

(©2013 CBS Local Media, a division of CBS Radio Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. CBS4 news partner The Miami Herald contributed material for this report.)

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