Four Virginia Beach police officers will not be charged in the shooting deaths of two people – one of whom was unarmed – inside a car in a convenience store parking lot, the city’s chief prosecutor said Wednesday.
The decision comes after a six-month investigation by the Virginia State Attorney’s office in corroboration with the Virginia Beach Police Department. Commonwealth’s Attorney Colin Stolle issued a report declaring the shooting justified finding that Angelo Delano Perry, 35, of Virginia Beach, fired first at police as they approached a Cadillac in which he was riding.
Perry and the car’s driver, India Kager, an unarmed 28 year old Navy veteran, of College Park, Md were killed by return gunfire.
Police didn’t realize the couple’s 4-month old son was in the back seat until the shooting stopped, leading many to question if this situation could have been handled differently.
Stolle said police had received a tip that Perry, who had been on probation after serving 12 years in prison for malicious wounding and use of a firearm, planned to travel from Maryland to Virginia Beach to kill someone, though it is not known specifically who he was targeting. Police used Perry’s cellphone signal to track his vehicle.
As police approached, Perry broke the passenger-side window and began firing at the officers, who then responded by firing 30 rounds.
“Police did not intend to shoot Ms. Kager, but they were not to blame for her death,” Stolle said.