Attorney Ben Crump and Kohen Wiley’s family are pushing back against the state’s ruling that cleared the officer who shot and killed the 1-year-old, refusing to accept the decision even after the release of body camera footage.
During a press conference, the family said they watched the full footage alongside the Mississippi Bureau of Investigation and reached one conclusion: “The shot from the side was not justified.”
The June 14 encounter outside a Senatobia Walmart includes several videos: three body-camera videos from Senatobia officers and two surveillance videos from Walmart.
The release comes after the Mississippi Attorney General’s Office ruled on Monday that the shooting was justified. The family says they found out about the ruling at the same time as the rest of the world.
“This decision sends a message that a black baby boy’s life is not as valuable as the white diapers he was wrapped in,” Crump said.
According to Darkhorse Press, Senatobia police responded to Walmart after someone reported a “pervert,” a complaint unrelated to the two women accused of shoplifting while with Wiley.
One video shows a security guard speaking with Wiley’s mother, Vellesiya Wiley, and the woman driving the car near the store’s exit before the women ran to their vehicle.
Another video shows officers in the store’s loss prevention office when an employee interrupts them, saying, “Two women are running.”
New Video Reveals Chaos Before Mississippi Cop Shot a Black Baby Dead, Then Walked Free
Moments later, officers chase Wiley and the other woman as they get into the car.
“This was excessive from the very start,” Crump said. “You will see the videos for yourself. The officers came out as if they were responding to a bank robbery or a hostage situation.”
The driver initially moved forward before reversing into a sheriff’s deputy, who appeared to limp after the impact. The driver then maneuvered around the area, hit a parked car, and accelerated toward officers.
The footage appears to show the vehicle near Foster as gunshots rang out, Darkhorse Press reported. Kohen died at a nearby hospital, while the driver suffered critical injuries.
“He was not in harm’s way when he shot [Kohen] from the side,” said Crump. “We believe that when he fired that shot- that fatal shot that killed this one-year-old baby- it was from the side of the vehicle, and it was not justified.”
Crump previously cited findings from an independent autopsy indicating that the bullet entered through the side of the car. The finding challenged the account suggesting Foster was directly in the vehicle’s path when he opened fire.
The family’s legal team also argues that the driver never intended to use her car as a weapon and was simply trying to escape.
“There was no reason at all to fire that last shot when the driver was attempting not to hit the officers, but to get away from the officers,” said attorney Van Turner.
The final body-camera video shows officers outside an emergency medical center, where Foster said, “I didn’t even see a f**king baby in her lap.”
“Nobody knew the baby was there,” another officer said. “All I saw was two females in the car.”
“That’s all I saw,” Foster said.
Wiley’s mother has said and maintains that she lifted her son to show officers that a child was inside the car.
Turner also claims the police report shows the officer knew Kohen was inside the car. However, Atlanta Black Star has not independently verified that claim.
The department placed Foster on leave two days after the shooting, but Kohen’s family wants him permanently removed from the force.
“You already got rid of one guy. You knew what he was all about. Now it’s time to finish the job,” Turner said.
The family’s push comes amid scrutiny of his conduct leading up to the shooting. Just two days before the incident, Foster allegedly called his co-worker, Dexter Smith, “a Black motherf–ker,” according to an internal complaint obtained by Mississippi Today.
Foster’s past conduct also comes against the backdrop of a separate racism scandal within the department. Former Police Chief Harold Vanderford resigned after private text messages revealed him repeatedly using racist slurs.
The family says despite the AG’s ruling, they will not stop fighting for justice for baby Kohen.
“You were never in danger, and you killed my grandbaby, and there’s no justice for him,” said Veronica Roberson, Kohen’s maternal grandmother. “Somebody got to help us with this, and I won’t stop until we get justice for my grandbaby.”
The family and their legal team are now urging the Department of Justice to involve the FBI in the investigation.
