NOT GUILTY Australia - Kumanjayi Walker, 19, fatally shot by LE, Yuendumu, Nov 2019

[JLZ]

Second shot killed Kumanjayi Walker, murder trial hears | NITV (sbs.com.au)

In the second segment of this Vid Clip, it shows Rolfe discussing his wound.. he being right handed, the wound on the left upper arm.

That's a clearer picture of the scissors. They look like "sharp blunt scissors" eg these Sharp Blunt Scissors | Sentry Medical | Surgical and Medical Supplies .

They've taken DNA from the scissors. Does that mean there's a question of whether they were throw-downs, or about whether Walker really tried to use them but Rolfe maybe stabbed himself to amplify the supposed threat? Why else?

 

[Trooper]

That's a clearer picture of the scissors. They look like "sharp blunt scissors" eg these Sharp Blunt Scissors | Sentry Medical | Surgical and Medical Supplies .

They've taken DNA from the scissors. Does that mean there's a question of whether they were throw-downs, or about whether Walker really tried to use them but Rolfe maybe stabbed himself to amplify the supposed threat? Why else?

I have not figured that out yet.... ..... what did intrigue me was that all three had left their DNA on the scissors..

Walker

Rolfe

Eberl.


Is this significant?.. why do I think it is.. I don't know. I am trying to sort of why Eberl's DNA is on them, perhaps he picked them up off the floor.. but.. you would think with a dying prisoner he is holding onto, that would be the last thing he would do. Because by this time, Walker has been shot 3 times..

Rolfe's DNA on the scissors.. did he pick them up?.. it is a scenario that has holes big enough to drive a A380 thru. My opinion only.

Walkers DNA on them. well. the story is, he held them to chonk away at Rolfe, from his point of view, he is defending himself, obviously, ... so that works for me, but also, that maybe Walker was defending himself from the scissors!..

 

[JLZ]

I have not figured that out yet.... ..... what did intrigue me was that all three had left their DNA on the scissors..

Walker

Rolfe

Eberl.


Is this significant?.. why do I think it is.. I don't know. I am trying to sort of why Eberl's DNA is on them, perhaps he picked them up off the floor.. but.. you would think with a dying prisoner he is holding onto, that would be the last thing he would do. Because by this time, Walker has been shot 3 times..

Rolfe's DNA on the scissors.. did he pick them up?.. it is a scenario that has holes big enough to drive a A380 thru. My opinion only.

Walkers DNA on them. well. the story is, he held them to chonk away at Rolfe, from his point of view, he is defending himself, obviously, ... so that works for me, but also, that maybe Walker was defending himself from the scissors!..

My reading is that blood from all three men was on the scissors. Walker's, no surprise, it would have been everywhere. Rolfe's, if he was stabbed, it's what you'd expect. Eberl's, well he was wrestling with Walker, so conceivably he scored some cuts in the process, but if so I'd expect them to have been mentioned. I haven't seen it mentioned that Eberl was bleeding.

 

[Trooper]

Constable Eberl on the stand today.... .. ( that makes it every police person involved in this killing , except Rolfe, testifying for the prosecution. Never been done before. )

'Walker not dangerous': Rolfe's partner | PerthNow

Sgt Eberl and Rolfe had watched body-worn camera footage of Mr Walker violently threatening two other officers in Yuendumu with an axe six days earlier.

The incident had contributed to the decision to send Sgt Eberl, then a constable, and Rolfe to the community but he said he did not notice if Mr Walker had his hands in his pockets as he approached the men.

"When I was there no, not until watching the body-worn after," he said.

Sgt Eberl also said he did not think to ask Mr Walker to show his hands to the officers as he moved closer or believe he would need to "gain control" of the teen.

 

[Trooper]

'Walker not dangerous': Rolfe's partner | PerthNow

And again, the insistence that 'no one knew about the 5.30 am arrest plan...

Sgt Eberl also said he was not given an order before the shooting to arrest Mr Walker at 5.30am the following morning, when he was likely to be sleeping and more easily taken into custody.

Earlier on Tuesday pathologist Marianne Tiemensma, who performed an autopsy on Mr Walker's body three days after he died, told the court that the teen had no scissor injuries on his hands and they were likely to have been closed when he stabbed Rolfe.

Asked whether the "small and blunt scissors" could have killed Rolfe or his fellow officer, Dr Tiemensma said it was unlikely.

 

[Trooper]

'Walker not dangerous': Rolfe's partner | PerthNow


Dr Tiemensma said she had watched body-worn camera footage of the shooting incident and Const Eberl had control of Mr Walker within seconds.

"From the moment the scissors are withdrawn from his right pocket ... In less than three seconds he is far too restrained by Eberl who is moving in from behind Kumanjayi's back, grabbing him around the shoulder and neck, so that was very fast," she said.


"I don't think these scissors could have caused fatal injury. Fatal stab wounds by scissors are not common."

Dr Tiemensma also found that Rolfe's first shot into the right side of the teen's back would not have killed him, as it did not damage vascular structures or result in excessive bleeding.

She said Mr Walker had a very low blood alcohol level the night he died ........

 

[Trooper]

Only Rolfe to go, now. Assuming , of course, that he chooses to testify on his own behalf.

His barrister is very , very good, and no slouch, .. an experienced defence barrister, .. but. .. I have attended many a court case where Philip Strickland has turned people inside out who had presented as impermeable. .... but.. . it's up to the jury.....

 

[Trooper]

Zachary Rolfe trial: other officer present when Kumanjayi Walker was shot begins evidence | Northern Territory | The Guardian

( and to correct my premature assumption, Eberl has not finished his testimony, he will be up first tomorrow. )

The Guardian has a slightly different aspect to report, eg, well worth the entire read.

"On Tuesday, the court was again shown footage from Eberl’s body-worn camera of the moments immediately before the shooting. ( if anyone can find this footage, I would appreciate it. We have Hawking's clip and Kirstendfeldts clip, so far .)

It shows Eberl and Rolfe entering a property known as House 511 at about 7.20pm. Eberl agreed he suspected Walker was inside, because of information police had been given by community members only minutes earlier, but said he and Rolfe had not had any discussion about what they would do if Walker confronted them with a weapon.

( I find this surprising, that neither Eberl or Rolfe discussed what could happen. Obviously they all four had discussed not following the Frost plan, and proceeding with their own plan, it seems odd to me that the matter of what to do once they find Walker was just.. just.. airy fairied. )

 

[Trooper]

Zachary Rolfe trial: other officer present when Kumanjayi Walker was shot begins evidence | Northern Territory | The Guardian


He agreed he had been trained to ask suspects to show them their hands, but that he did not do it on this occasion, and that he had been trained that weapons could be hidden in hats.

Eberl said that at this time he did not consider Walker to be dangerous, did not consider withdrawing from the house and setting a cordon or the need to put distance between himself or Walker, and did not consider grabbing Walker by an arm or both arms or the need to gain physical control of him.

The officers were about 2m from the only door to the property when they came across Walker, Eberl said.

Strickland told the court in the prosecution opening earlier this month that soon after the officers confronted Walker, he stabbed Rolfe with a pair of scissors.

Eberl has not yet given evidence about the critical moments in which Rolfe shot Walker, and his evidence is expected to continue on Wednesday.

( Eberl states that he was surprised the officers on the previous encounter didn't shoot Walker, yet, for some reason not revealed as yet, he decided upon confronting Walker , that Walker was not dangerous ... no plan to grab him or back off, or ... )

 

[Trooper]

Doctor tells Zachary Rolfe murder trial that scissors used by Kumanjayi Walker would not cause fatal injury - ABC News

another perspective.. but unfortunately not Eberl's body camera clip. ...

'Under cross-examination from defence barrister David Edwardson QC, Dr Tiemensma agreed she had very rarely seen stab wounds caused by scissors in other cases but said: "Fatal stab wounds by scissors are not common."

She rejected a suggestion by Mr Edwardson that she was seeking to "distance" herself from the notion that Mr Walker's scissors could inflict lethal injuries.

"If [the weapon] was a very sharp, thin tapered knife, I would have given an opinion based on that," she said.

"But I have to be fair and I have to look at [this] pair of scissors. It's very lightweight. It's very small. It's blunt.

"If you ask me for my opinion — that's what I believe."

Under cross-examination, Dr Tiemsensma confirmed she told investigators she was not the appropriate person to ask for an opinion on the injuries to Constable Rolfe and his policing partner.

 

[Trooper]

Doctor tells Zachary Rolfe murder trial that scissors used by Kumanjayi Walker would not cause fatal injury - ABC News

The court was also shown a section of Sergeant Eberl's body-worn camera footage from the night of the shooting, in which he is shown entering the front yard of the house where Mr Walker was then found.

A woman holding a crying baby asks why one of the officers is carrying a gun.

In the footage, Sergeant Adam Eberl replies: "No, he's not aiming to shoot anyone, is he?"

"We don't have a holster for that one, we have to carry it."

He adds: "So someone probably shouldn't run at police with an axe."

Soon after, the footage shows Sergeant Eberl and Constable Rolfe confronting Mr Walker inside the house.

Sergeant Eberl told the court he did not consider Mr Walker to be dangerous at that stage, nor did he consider withdrawing from the house and setting up a cordon.

He said he had no knowledge of a plan that the court has heard was developed by Yuendumu officer-in-charge, Sergeant Julie Frost, to arrest Mr Walker early the following morning.

The trial continues tomorrow, with Sergeant Eberl expected to continue giving evidence.

 

[Trooper]

Officer with Rolfe had Kumanjayi in 'hold' | The Canberra Times | Canberra, ACT

( Constable Eberl is now Sergeant Eberl, a promotion, but I don't know when that happened )

Zachary Rolfe says he was defending himself when he shot 19-year-old Kumanjayi Walker three times.

The policeman with Constable Zachary Rolfe had Kumanjayi Walker in a headlock moments before the Aboriginal teenager was fatally shot, a jury has been told.

Rolfe has pleaded not guilty to murdering the 19-year-old during a failed arrest attempt in Yuendumu, 290km northwest of Alice Springs, on November 9, 2019.


He shot Mr Walker three times and says he was doing his job and defending himself and Remote Sergeant Adam Eberl from a violent offender who had stabbed him in the shoulder with a pair of scissors.

Body-worn camera footage of the incident played in the Northern Territory Supreme Court on Wednesday shows Sgt Eberl, then a constable, hit and then forcefully grab Mr Walker seconds before Rolfe fires his first shot.


He told the court he had spotted a "sharp and pointy object" in the teen's right-hand moments before, which prompted him to attempt to restrain him.

Asked what he was did, Sgt Eberl said "I took hold of (Mr Walker's) arm, and I used a distraction strike to try and change his mindset and get him into a position to restrain him".

Sgt Eberl is then seen holding Mr Walker from behind with his right arm around his neck and his left arm locked around the teen's left arm before the pair fall to the ground.

This was described to the court as a "modified seatbelt hold".

Prosecutors have conceded the first shot, which was fired while Mr Walker was standing and resisting arrest, was justified.

But they say the second and third shots went "too far" because the teen was "effectively restrained" on the ground by Sgt Eberl when Rolfe pulled the trigger.

Sgt Eberl described the sound of the first shot as a "dull thud" and said he thought it was another officer, Constable James Kirstenfeldt, firing a beanbag round from a shotgun.

"It is hard to determine at that stage what I was thinking other than to take the offender down," he said, when asked to reflect on the incident.

Seconds later, Sgt Eberl has Mr Walker on the ground on his side and Rolfe fires the second and third shots into him from behind his colleague.

"I was trying to restrain him in the ground and I was holding his left arm with my arms ... so he could not turn on me to try and get me with the weapon in his hand," he said.

Asked where Mr Walker's right arm and hand holding the scissors were at that time, Sgt Eberl said "I believe it is underneath his body.

Sgt Eberl previously told the court he did not think Mr Walker was a threat to him or Rolfe as the teen walked towards them."

 

[JLZ]

First shot wouldn't have stopped Kumanjayi | The Canberra Times | Canberra, ACT

Earlier, the jury heard that Senior Constable Anthony Hawkings, who witnessed Rolfe fire the second and third shots, had previously told investigators Mr Walker was contained when he was fatally shot.

Prosecutor Philip Strickland SC reminded him of his statement to police soon after the incident in which Sen Const Hawkings Rolfe and Constable Adam Eberl "looked like had contained (Mr Walker) or were containing the guy".

But on Friday he said Rolfe and Const Eberl "were in the process of attempting to contain Mr Walker" when the shots were fired.

"It was a very active situation.

"I saw them wrestling on the ground."

Sen Const Hawkings also agreed with Mr Edwardson that Mr Walker had not released the scissors he stabbed Rolfe in the shoulder with when he was shot.

"He was not incapacitated was he?" Mr Edwardson said.

BBM. If that was the case, it was bloody dangerous for Eberl. He could easily have taken one of those bullets himself.

 

[Trooper]

Zachary Rolfe trial: Kumanjayi Walker continued to struggle after being shot, court hears | Northern Territory | The Guardian

'A police officer involved in the arrest of Kumanjayi Walker has agreed in evidence before the Northern Territory supreme court that the Warlpiri man continued “ around” and “was not incapacitated” after being shot three times.

Remote Sgt Adam Eberl was the only other person in the room when Constable Zachary Rolfe shot Walker on 9 November 2019 at a house in the remote community of Yuendumu, about 300km from Alice Springs.'

'Under cross-examination by David Edwardson QC, for Rolfe, Eberl was asked about being captured on body-worn camera footage saying to Walker “don’t around, I’ll fucken smash ya mate” soon after the third shot was fired. Officers were attempting to handcuff Walker about the time Eberl is heard uttering the remarks.'

 

[Trooper]

BBM. If that was the case, it was bloody dangerous for Eberl. He could easily have taken one of those bullets himself.

... It all sounds suspect, to me. .. Apparently, none of them, neither Hawkings, ( the Snr Sgt .) Kirstenfeldt, Eberl, Donald ( the dog handler bloke from Yu, or Rolfe himself wrote, or were directed to write, or thought it themselves to write anything at all about that evening.

Once the High Court had directed that Rolfe's defence , the usual defence, that he had powers of immunity due to his position as a sworn in Constable , was a rejected premise, then everyone had to start remembering the details. From that point, the defence, and the prosecution have relied on memory, which is now 2 years old.

The charge of murder relies on the second and third shots fired, and therefore there must be some compelling and indisputable evidence /rationale/belief/ eye witness/ video clip to support this very expensive trial.

... anyways... by my count, not always reliable, Eberl is the last of the police personnel . that went all the way from a Constable , thru a Sergeant, a Senior Sargeant, an Inspector, a regional Commander, to the NT Police Commissioner, to be giving testimony For The Prosecution. .


One of those witnesses has had a promotion from Constable to Sergeant, the others seemed to have been retained at their rank, . .. is this significant?? could be .

So that leaves Rolfe. Either he testifies or he doesn't and it is then on to the summing up, which the defence goes first, I think, then the prosecution, ....

 

[Trooper]

Zachary Rolfe murder trial hears evidence from fellow officer involved in Kumanjayi Walker's fatal arrest - ABC News


On this article, from the ABC there is the clip from Eberl's body camera .

WARNING: This article contains body-worn footage of the shooting shown during the trial.

 

[Trooper]

Immediate Response Team designed for 'cordon and contain', court told
On Wednesday the jury also heard evidence from Sergeant Lee Bauwens, who told the court he had helped establish the NT Police Immediate Response Team (IRT).

The court has previously heard that four Alice Springs-based officers — including Constable Rolfe and Sergeant Eberl — were deployed as an IRT unit to Yuendumu on the day of the shooting.

Under questioning from the prosecution, Sergeant Bauwens said the IRT's primary role was to conduct operations known as "cordon and contain".

"It's cordoning a situation which has been declared a high-risk situation and they cordon and manage that situation until further resources arrive, namely [the Tactical Response Group]," he said.

 

[Trooper]

This testimony is from Rolfe's direct Commander of his unit, which to my surprise is a unit made up ot part timers.... that I didn't see coming..

Perhaps I am reading this wrong, but it is, in my opinion, damning testimony. I don't see how Rolfe 's attorney can neuter it, or dilute it down to acceptable..


Murder-accused cop's elite team part-time (msn.com)


Prosecutors say his Immediate Response Team had ignored senior officers' orders to wait until 5.30am the following day to arrest the teen when he could be more easily taken into custody.

The unit's commander, Sergeant Lee Bauwens, told the Supreme Court in Darwin the part-time team's main job was "cordoning a situation which has been declared a high-risk situation".

"They cordon and manage that situation until further resources arrive, namely (the tactical response group)," he said.



Sgt Bauwens said the IRT was not as highly trained as the TRG.

 

[Trooper]

Murder-accused cop's elite team part-time (msn.com)


It seems there are two groups,, the TRG, which is , the Tactical Response Group.. and they "TRG do bomb disposal, close personal protection, search and rescue, diving, and the IRT, the Immediate Response Group, to which Rolfe, Eberl, Hawkings and Kirstenfeldt belong , response is basically limited to a cordon and containment section."

Prosecutors say Rolfe and three other IRT officers sent to Yuendumu were "intent" on arresting Mr Walker after watching body-worn camera footage of the teen violently threatening two other officers with an axe three days earlier.

Prosecutor Philip Strickland SC has repeatedly asked members of Rolfe's team why they did not pull back after they found Mr Walker and place a cordon around his house.

 

[Bohemian]

I can’t thank you enough, Troops, for keeping us updated on this case. It sure has turned out to be an interesting — albeit tragic — one.