James Berry KC represented the Metropolitan Police Service in the inquest into the death of HW, who was shot dead by an armed police officer on 11 December 2021.

On the afternoon of 11 December 2021, the MPS received a 999 call reporting a robbery by a man (HW) claiming to be armed at a bank in Earls Court. The informant reported that the man had then gone into two betting shops and got into a taxi. A firearms incident was declared, and Trojan units were sent to the area. One unit got behind and followed the taxi, which came to a natural stop in Kensington opposite Hyde Park. Officers gave armed challenges from both sides of the taxi. HW did not show his hands and then produced a handgun. HW raised his gun towards officer 1 who shot HW in self-defence. Officer 2 almost simultaneously shot HW in defence of officer 1. HW was not critically injured by either shot.

Officer 3 sought to extract HW from the taxi, pulling him to the taxi floor. HW kept hold of his handgun despite the officers’ repeated commands to drop it. Officer 2 shot HW in self-defence, fearing that they were at imminent risk of being shot. This shot proved fatal despite prompt first aid being given by the officers and the London Ambulance Service. Upon viewing their body worn video footage, officer 2 acknowledged that they had made an honest mistake as to the imminence of the risk, because HW’s gun was no longer pointing towards them at the moment when they fired the shot.

The Coroner left unlawful killing, lawful killing and open conclusions to the jury. The jury unanimously return a conclusion of lawful killing. The jury found that HW’s actions in the taxi caused officer 2 to believe that there was an imminent risk to life.

The jury found that HW’s actions with his gun in the taxi and his non-compliance with the officers’ commands probably contributed to the circumstances in which he died. The jury also found that HW’s mental health issues possibly contributed to the circumstances in which he died. The officers were unaware of HW’s identity or, therefore, his mental health history. HW’s gun turned out to be a BB gun.

No narrative criticisms were made of the MPS and no prevention of future deaths report was issued by the Coroner.

James Berry KC represented the Metropolitan Police Service. Unusually, the officers were not separately represented.