The trial of former San Bernardino County Sheriff's Deputy Ivory John Webb Jr., who is accused of shooting an unarmed airman at a traffic stop last year, was postponed Monday after the wife of one of Webb's lawyers went into labor.
San Bernardino County Superior Court Judge Michael A. Smith rescheduled opening arguments for May 29. The trial is expected to last one month.
The judge apologized to jurors for the delay: "He called this morning to advise us his wife just went into labor this morning, and he felt obligated to be at the hospital with his wife — something I couldn't really quarrel with."
Webb was charged with attempted voluntary manslaughter and assault with a firearm last year after an amateur cameraman videotaped him shooting Elio Carrion, an Air Force police officer home on leave after a tour in Iraq, during a traffic stop.
Carrion was the passenger in a Corvette driven by his friend Luis Escobedo on Jan. 29. Escobedo, who is serving six months in jail after being convicted of evading a peace officer and driving under the influence, led Webb and another sheriff's deputy on a chase in Montclair and Chino at speeds that Webb said topped 100 mph.
On the widely broadcast video, Webb is seen shooting Carrion, who had gotten out of the Corvette and onto the ground after the vehicle crashed. Webb fired when Carrion appeared to be following Webb's order to "get up." Webb first told investigators that Carrion had lunged at him and in a later interview said he believed Carrion was reaching into his jacket for a weapon as he got up.
Carrion, who will take the stand at the trial, testified at a preliminary hearing that he spent 3 1/2 months recovering from the bullet wounds to his chest, shoulder and leg. He returned to duty at Barksdale Air Force Base in Louisiana last year.
Webb could face more than 18 years in prison if convicted. He has pleaded not guilty to all charges. [MORE]