The officer cleared of murder after shooting dead Chris Kaba will face a gross misconduct hearing, following a review by the police watchdog.
Mr Kaba, who was not armed, had both hands on the steering wheel of his vehicle when he was shot in the head by firearms officer sergeant Martyn Blake in Streatham, south London, on 5 September 2022.
A helicopter and six police cars were involved in stopping Mr Kaba, 24, after the Audi he was driving had been linked to a shooting outside a school in nearby Brixton the previous evening.
Mr Kaba had turned into Kirkstall Gardens where Mr Blake was inside a marked police BMW.
The murder trial hinged on the following 17 seconds, when Mr Kaba reversed a short distance, hitting an unmarked police car behind, then accelerated forward, reaching an estimated 12mph before colliding with the BMW and a parked Tesla.
Armed officers were heard shouting “go, go, go” and “armed police, get out of the f***ing car,” as they surrounded Mr Kaba’s vehicle in footage played in court.
Mr Kaba then reversed at 8mph, hitting the unmarked Volvo behind, and was stationary as Mr Blake pulled the trigger of his gun less than a second later, followed by shouts of “shots fired” and “where from?”
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Mr Kaba, who had no weapons in the car, died in hospital in the early hours of the next day after the bullet travelled through the windscreen and struck him in the head.
Speaking after Mr Blake was cleared of murder in October, Metropolitan Police Commissioner Sir Mark Rowley said the officer made a split-second decision on what he thought was necessary “to protect his colleagues and to protect London”.
Prosecutors had argued Mr Blake, who was 40 at the time he was cleared, may have “become angry, frustrated and annoyed” and Mr Kaba had done nothing in the seconds before he was shot to justify his decision to pull the trigger.
The officer said he didn’t intend to kill Mr Kaba, adding: “I had a genuine belief that there was an imminent threat to life, I thought one or more of my colleagues was about to die.”
The jury, which wasn’t told Mr Kaba was a core member of a notorious south London gang, deliberated for about three hours before finding Mr Blake not guilty of murder.
But the Independent Office for Police Conduct (IOPC) said he will face a gross misconduct hearing after a “thorough review” of all the evidence in the case.
The threshold is a lower test than for criminal proceedings and a police disciplinary panel will decide whether misconduct is proven or not.
IOPC Director Amanda Rowe said: “We understand the impact this decision will have on Chris Kaba’s family and Sergeant Blake and acknowledge the significant public interest in this case, particularly among our black communities, firearms officers and the wider policing community.
“This is a decision we have taken based on examining all the evidence, views of all parties and by applying the thresholds set out in legislation and guidance which govern our work.
“The legal test for deciding whether there is a case to answer is low – is there sufficient evidence upon which, on the balance of probabilities, a disciplinary panel could make a finding of misconduct. This has been met and therefore we need to follow the legal process.
“We appreciate that the Home Office is carrying out a review of the legal test for the use of force in misconduct cases, however, we must apply the law as it currently stands.”
Home Secretary Yvette Cooper has ordered a review into the accountability of firearms officers.
The Met said the force made “strong representations” that Mr Blake, who they referred to by the cypher NX121 used before a judge lifted an anonymity order, should not face any further action.
Assistant Commissioner Laurence Taylor said: “We know any fatal use of force by police understandably prompts concern among communities.
“NX121 made a split-second decision on what he believed was necessary to protect his colleagues and London and a jury unanimously decided that was an honestly-held belief and the force used was reasonable.
“However, the IOPC has now determined that NX121 has a case to answer for his use of force and has directed us to hold a gross misconduct hearing.”
Mr Taylor said the Met will ask a chief officer from another force to chair the hearing to ensure independence.
