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Henrico cop indicted

Jeremy M. Lazarus | 3/4/2016, 6:21 a.m.
Kimberly McNeil made that plea to a Henrico County police officer who was firing into a car in which she ...

“Please don’t shoot me again.”

Kimberly McNeil made that plea to a Henrico County police officer who was firing into a car in which she was a passenger.

Her plea went unanswered, a cousin recounted, as Officer Joel D. Greenway, continued shooting at her as her fiancé, Robert Davis, tried to drive away from the Exxon station where they had just purchased gas Dec. 15.

The bullets shredded the tires, and the car crashed about 100 yards away.

Ms. McNeil, a 43-year-old hair stylist, survived four bullet wounds, including one to the back of her head.

Mr. Davis, 47, a carpenter, was uninjured in the shooting at Nine Mile Pit Stop at 3606 Nine Mile Road, near the city line.

The couple, who were never charged with a crime, are physical, emotional and financial wrecks today, said Ms. McNeil’s cousin, John McNeil, who is serving as their spokesman.

Meanwhile, Officer Greenway is facing criminal charges in this latest case in which African-Americans have been hurt or killed by police around the country.

Henrico Commonwealth’s Attorney Shannon L. Taylor is seeking to put the officer in prison based on evidence secured by two detectives assigned the case.

Officer Greenway, who has worked for Henrico Police for three years, was indicted Feb. 24 by a Henrico grand jury after a presentation of that evidence.

The charges against him: Malicious wounding, shooting into an occupied vehicle and using a firearm in the commission of a felony. If convicted, Officer Greenway could be sentenced to 20 or more years in prison.

He was released on a $10,000 bond. His next court date set for March 28. He could not be reached for comment.

The Henrico Police Department, which has put Officer Greenway on leave with pay, initially sought to justify the actions of the officer, who was treated for cuts from flying glass after the shooting.

On Dec. 16, a few hours after the shooting, Lt. Chris Eley, the department’s spokesman, issued a statement with the following version of events: Officer Greenway noticed “a suspicious vehicle” backed into a parking space in front of the gas station around 10:30 p.m.

Lt. Eley stated that the station had closed at 9:30 p.m., although its posted hours show closing time is 11 p.m. Sunday through Thursday and at midnight Friday and Saturday. Only a Subway sandwich shop inside the station closes at 9:30 p.m.

“(The officer) was talking or interacting with driver and the driver put the vehicle into drive and struck the officer. At that point, (the officer) discharged his firearm,” the statement read.

Mr. McNeil said he was told the officer never talked to Mr. Davis. He said the officer approached the car’s passenger side and rapped on Ms. McNeil’s window with a metallic object, startling the couple.

The officer was wearing a body camera, but it apparently was not working or was turned off, Lt. Eley stated.

However, cameras inside and outside the store were rolling and documented what happened, Mr. McNeil said.

“I can’t wait to go to court to see those tapes,” he said.

According to Mr. McNeil, his cousin said she had returned to the car after paying for gas and stopping in the restroom.

“She was on her cell phone with her daughter,” Octavia McNeil, he recounted, when someone rapped hard on her window and motioned to her to roll it down.

“It was dark, and she couldn’t tell who it was,” Mr. McNeil said, although the officer was in uniform.

Then the glass shattered as Officer Greenway began firing, Mr. McNeil said he was told.

Ms. McNeil was hit in the right shoulder, he said. After a second shot hit her, she asked the officer to stop shooting and then flung her left arm across her face as he fired again, Mr. McNeil said. That bullet hit her left arm.

As Mr. Davis drove off, she was shot again in the back of the head.

Mr. McNeil said a security guard in the store who knew first aid “saved her life.”

“He ran to the car after it crashed and put pressure on the wound until” emergency help arrived, Mr. McNeil said.

A key issue expected at the trial is whether Officer Greenway was struck by the car as he claimed. No evidence has been publicly released.

Mr. McNeil said Mr. Davis and his cousin told him the car never touched the officer. That’s also the view of Attorney A. Donald McEachin, a state senator who represents Ms. McNeil and is building a civil case against the officer.

“It is still early in our investigation, but I do not believe the officer was struck by the car,” Mr. McEachin said. However, he said he would know more once additional evidence becomes available.

Ms. McNeil was treated at VCU Medical Center and was released because she does not have health insurance, her cousin said. Her recovery has been hard and slow, he said.

“She still has bullet fragments in her head,” Mr. McNeil said. “She has seizures and has a hard time walking and talking.” He described her as too disabled to work.

He said Mr. Davis also has been so traumatized that he has not been able to work regularly.

“They still have bills to pay, but they have no money. The family is helping as best we can, but it’s just a sad situation,” Mr. McNeil said.

“The most hurtful part of this situation is who did the shooting. Police are supposed to protect and serve the community, not try and kill people,” he said.

“How can we trust them after what happened?”