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Tribune News Service
Tribune News Service
National
Marc Freeman

Facing a 25-year prison sentence, ex-cop wants to be free while appealing his conviction in motorist's death

FORT LAUDERDALE, Fla. _ Nouman Raja had a badge, a gun, and the sworn duty to protect the community. But after he shot stranded motorist Corey Jones dead, the police officer couldn't get a haircut, pump gas in his car or take his kids to school without permission.

Raja dutifully followed the strict conditions of house arrest for nearly three years, as he awaited his trial.

Now, the ex-cop is a convicted felon facing the next 25 years as Florida prisoner number Q40330.

He remains locked up at the South Florida Reception Center in Doral until he is assigned to one of the state's prisons. He'll likely be kept isolated from other inmates, because ex-cops usually are placed in protective custody.

Yet before Raja even adjusts to that harsh reality, he's pushing to be freed on house arrest again.

Raja wants a bond while appealing his conviction and punishment. Prosecutors say Raja should stay behind bars because if released, he would be too tempted to flee overseas to join family in the Middle East, among other reasons.

This fight is now before Palm Beach County Circuit Judge Joseph Marx.

Florida does not permit such a bond at all for someone convicted of first- or second-degree murder, arson, kidnapping, drug trafficking and a few other offenses.

But Raja, 41, was found guilty of attempted murder and manslaughter charges, keeping him eligible for an appellate bond. The attempted murder charge concerned shots that either missed Jones or were not lethal; the manslaughter count is for negligence causing Jones' death.

"He's certainly entitled to ask; why wouldn't he?" said Marc Shiner, a West Palm Beach criminal defense lawyer and former homicide prosecutor not connected to the case. "Under the law, it's completely up to the trial judge."

The defense wants a hearing on the request, while prosecutors are asking the judge to rule without entertaining more arguments. Assistant State Attorney Brian Fernandes agreed Raja is eligible for a bond, but said "logic" holds that attempted murder is too severe of an offense to allow it.

The March 7 jury verdict marked the first time in the past 30 years in Florida that a cop was convicted for an on-duty police shooting.

What made this case so different was the discovery of an audiotape of the Oct. 18, 2015, encounter between Raja, then a Palm Beach Gardens police officer, and Jones, a 31-year-old housing inspector and drummer whose SUV broke down after a late-night band performance in Jupiter.

Fernandes told the jury the recording proved Raja was a "reckless killer," who lied repeatedly about the events following his decision to interrupt a plainclothes car burglary operation and approach Jones' Hyundai, in the southbound Interstate 95 exit ramp at PGA Boulevard.

At numerous times during the trial, the jury listened to Jones' recorded call for a tow truck, which captured sounds of the confrontation, the gunshots and the immediate aftermath.

Prosecutors said the tape proved that Raja waited 33 seconds after his final shot to call 911, when he spoke to an operator as if Jones was still alive and armed.

Raja's lawyers argued the shooting was in self-defense because Raja was threatened by Jones at gunpoint. They said the shooting was a "justifiable use of force" by a cop because Raja was trying to make an arrest.

Judges are required under Florida law to consider several factors when weighing requests for appellate bond: How has the person shown respect for the law? What are the person's ties to the community? How severe is the sentence? Is the person a flight risk? Does the individual have a reasonably strong appeal?

Prosecutors contend Raja fails all of these benchmarks.

They said there is no question that the 25-year sentence is severe, especially for Raja since he "has reached approximately the midpoint of life."

Fernandes wrote that Raja had little or no temptation to run from house arrest before because he "was convinced the jury would return a not guilty verdict." But now the "risk of flight under these circumstances is too great."

But Raja's legal team said he would simply return home and rejoin Karine, his wife of more than 16 years, his 7- and 9-year-old children, and a full-time job with a Boynton Beach company that sells tactical gear to the military and police agencies.

The defense also highlighted Raja's perfect record while serving house arrest before under a $250,000 bond.

"There were no violations," attorney Steven Malone wrote. "He attended every required court appearance; he was never late. His time on (house arrest) was remarkable for its total lack of any failure to comply with the stringent requirements of the program."

This appears to be true, according to Palm Beach County Sheriff's Office records obtained by the South Florida Sun Sentinel.

The files that are not blacked out show that a few violations with Raja's GPS ankle monitor were excused by house arrest supervisors due to technical difficulties such as a loss of a signal.

Other documents include routine entries of Raja's pay stubs, a visit to a dentist, and receipts from a gas station on his way to work.

While Raja was permitted to have employment while on house arrest, he was not allowed to attend any school functions with his son and daughter.

In a statement last month to Judge Marx, Karine Raja said she is "so sorry for the Jones family and their loss."

She also remarked that her small family has its own wounds, namely that their children "are suffering beyond reparability" because their "daddy" is away.

"Their lives are forever changed, forever scarred," she said.

Karine Raja also expressed anger over how her husband "has been made a public enemy, and that perception will not be changed. ... Raja is the man you wanted serving and protecting you."

Shiner, the local defense attorney who has observed the case, said he thinks there's only a "slim" chance Raja will get bond, despite his clean record on house arrest.

"The nature of the charge is so serious and pretty heinous, I don't really believe the judge will let him out," he said.

Raja's current scheduled release date is Feb. 27, 2044, when he'll be 66 years old.

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