Ernest Vassell, Autistic Man, Killed by North Miami Beach Police for Carrying Toy Gun

By Kyle Munzenrieder Thu., Sep. 1 2011 at 10:38 AM

Categories: Crime

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Last night, North Miami Beach police shot and killed Ernest Vassell after they thought he was violently brandishing a loaded gun. Turns out Vassell, who was autistic, was simply playing with a toy rifle.

Police were called to the scene yesterday after they received reports of a man carrying a rifle and threatening a dog. Officers arrive at Northeast 155th Terrace and 14th Avenue around 5:15 p.m.

They confronted 56-year-old Vassell, but he would not comply with their orders. So an officer shot.

"The units responded, and they saw the man with the rifle. There was an encounter between the gentleman and the police. Shots were fired, and as a result, the man with the rifle has died," North Miami Beach Police spokesman Warren Hardison told WSVN.

Vassell was airlifted to Jackson Memorial Hospital and later declared dead.

"They murdered him in cold blood for a toy gun!" Vassell's older sister Claire Harding told CBS News. "That's no reason for you to kill somebody!

"They could tell him to drop the gun. They say they told him to drop it and he raised his hand," she continued. "He probably raised his hand to hand them the gun, because he is afraid of police."

As part of standard procedure, the officer who fired the shot will be put on paid administrative leave while the department investigates the shooting.

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Opinions welcome, but judgments? Decisions? Come on people, since when do you expect any of us to already have the facts to convict or exonerate. All the great comments are exactly what need to investigated in order to determine if the police officer acted prudently. If so, I support him. If not, I expect him to get no special treatment, and if he does, then, facts in hand, we can make judgments and decisions.
The police have a very dangerous job. They sometimes have very quick decisions to make. How are they supposed to know the gun was a toy or the subject was autistic without advance knowledge which in this case was absent. I do not fault the police. The family of the autistic person should have had closer supervision over his activities. It is a great tragedy for his family and I feel sorry for them but they should recognize their own duty to care and supervise a person who was disabled.
I think that ideas like this make people think it's ok. I haven't seen a toy gun made recently that doesn't have the bright orange cap on the end of gun. Can't cops see that? And because they fail at being able to tell a real gun from a fake, we shouldn't let kids/people have toy guns then I guess? Idk, I think we are used to making excuses and accepting failures on the part of the police because of the fear factor perpetuated by the news and such.
Yes, this is tragic. And I am certain that privately, the officer who fired the shot that killed Mr. Vassell feels horrible. But when law enforcement receives a call of a person brandishing a weapon, making threatening gestures, and dosen't have the advantage of a medical history in front of him, he/she has to make split second decisions, based on what's happening there and now: a person is pointing a gun (toy or not) at me. Unfortunately, for the welfare of the officer and any civilians, the threat has to be terminated. There is no time for discussion. Sure, in hindsight, had the officer known the man was autistic and the gun was a toy, he would have never fired.
wtf, couldn't they have just shot him in the leg
Don't you find that "procedure" the least bit troubling? It didn't look like a BB gun from a distance, the subject was reported to have a firearm and was NOT being belligerent. Why, from a distance, was lethal force appropriate? Without video, the police version of the incident should carry no more weight than a subject/victim/witness.
They did
Oh that makes sense. Their special needs family member wasn't being properly supervised, took a stroll down the street with a toy gun, and got himself shot. Why should they get a single penny? Someone on their side messed up. They should foot the bill, not taxpayers.
They were dealing with a potentially lethal threat since the subject was reported to have a firearm and, from a reasonable distance, it did not look like a BB or pellet gun. So the officer simply responded with lethal force - its procedure. Now if the subject was just being belligerent and swinging a wiffle bat like a madman, he would have gotten tased.
Why is a 56 year old autistic man playing with a toy gun in the neighborhood? Where were his care givers, it's obvious he needs constant supervision??? The folks that called 911 thought he was a problem- and that he carried a rifle- not a toy gun. It's sad for everyone and totally avoidable.
The police officer should not be paided on leave that money should go to the family of Ernest to pay for any expences they might have. A shame.
This was such sad story to hear as I read it through my group of GRASP. I am hoping that law enforcement all around learns to give chances for the individuals whom are autistic or diagnosed with Asperger's Syndrome whom are just like me.
That's not true. The vast majority of these situations DO allow assessment. Just because CSI and others show differently doesn't make that reality. Maybe they had no recourse in this situation, but to dismiss ever being able to assess a potentially fatal outcome just gives cops a blank check to shoot, which in many cases they do. In this case, I'd have to ask where the shiny tasers are? They use them at the drop of a hat, why not now?
unfortunate but flail around with something that looks like a rifle and this will happen.
Ca law states that toy guns have to be bright colored. But I don't know about air-soft.
yes really depends on how the gun looked if it looked real they might have warrant but if looks any way fake you have to blame the bacon your around weapons guns alot in training so better awareness from the bacon
Very sad my prayer's go to the family. Ernest did not understand If given a chance I am sure killing could have been avoided. I am not taking sides. Just very very sad.
The gun was probably bright yellow or orange.
Why did his relatives give him a realistic toy gun to play with its their fault so maybe his sister should have thought about that makes me wonder if she was hoping something like this would happen so she could sue
Mentally handicapped people are at great risk when encountering cops. They need constant supervision, but you can't blame the police. If the police had to make special allowances for the possibility of a mental ill or retarded person,then criminals could just act stupid-crazy to gain the upper hand in a standoff with police and kill a cop.
They ought to show a picture of the gun.
That's not true. Most of the time they don't have the time to assess people when they percieve a theat, like someone pointing a toy gun that looks like a real gun. Personally I would be more afraid of someone with diminished mental capacity, because it would be harder to predict what they might do.
Yea but its easier to blame someone else for your lack of responsibility!
First and foremost, it is sickeningly tragic how this guy died. You can't blame him for this, and you can't blame the cop (unless it was found that he made some procedural error). Where are the people responsible for his personal care? I don't think many autistic people can care for themselves. Whoever are responsible for him need to take a long look inside themselves because they're the ones who allowed this to happen.
That response was a little over-the-top. All I'm saying is that if the police were properly educated, they would be able to see the tell-tale mannerisms that many autistic people have. Granted, the family who cares for him should've taught him not to play with a toy gun where others might not realize it's fake and take drastic measures or have him play inside or in his backyard with it. It is their responsibility as well.
Um, excuse me, before we decide to shoot you, please take a few minutes to answer some questions - yeah, you, with the weapon. We need to determine your mental capacity so please, fill-out the questionnaire. Thanks in advance for your cooperation.
This is BS! Many autistic kids and adults are afraid of police. Idk why, but my Asperger's son is, too. They need to figure out a better way to assess a situation than to shoot someone. Police are too damn quick to shoot. It's never appropriate to shoot someone who may not understand the consequences of his actions. They don't always understand social meanings and things that seem implied. Fear typically freezes them or makes them irritable. So, yes the police were protecting themselves, but I do say that they need a better way to asses the situation. Maybe they need training in recognizing the sign of autism, because autism is everywhere.
in Response to the people who have commented, Regardless of the situation a police officer should always be able to ases the situation before you kill someone. The first result was someone calling the cops due to suspicious actions the end result was the life an autistic man that was taken for no reason.
Note to all citizens-if your carrying an object that is perceived as a threat to my life, you will not go home and I will. Who are the idiots that let an autistic man run around the neighborhood with a toy rifle thinking it was ok? Where is their responsibility?
Sensationalist title. He wasn't shot for carrying a toy gun, he was shot because officers thought he had a real gun and was supposedly acting suspiciously (per the 911 calls)
The subject may have been "at fault", but was certainly not responsible due to diminished capacity (autism). It's too early to determine if the officer(s) that shot the subject acted appropriately. A very, very sad situation all around.