Police Shoot Black Man Allegedly On Back With Hands Up

Charles Kinsey shown with hands up several minutes prior to the shooting.

Charles Kinsey shown with hands up several minutes prior to the shooting.

Police Shoot Black Man, Charles Kinsey, Who Was Allegedly On Back With Hands Up

In the newest case that’s been starting to rile people up, a North Miami Police Officer shot a black man while the man was allegedly laying on his back with his hands up. Video was taken by a bystander before and after the shooting. In the video, Charles Kinsey can be seen lying on his back with his hands straight up in the air minutes before the shooting.

The video, very suspiciously, covers the moments several minutes before the shooting and after the shooting, but does not cover the shooting itself. It’s unknown at this time if the video was edited to alter the media narrative, or if the cameraman stopped recording for some reason. North Miami PD has not yet released any information on this shooting, and all we have to go on is a video that is likely edited, taken minutes before the shooting and Kinsey’s account of what happened.

The shooting is being compared to the shooting of Philando Castile and the justified shooting of violent criminal Alton Sterling. At the time of this writing we have no reason to believe that Charles Kinsey had engaged in any violent behavior.

Kinsey’s lawyer, Hilton Napoleon provided the media with the video:

Wednesday afternoon, North Miami police officers were dispatched to a 911 call of a man with a gun, threatening suicide. Behavioral Therapist Charles Kinsey was with his autistic client, Rinaldo. Rinaldo was visibly agitated and carrying a toy truck. When the video starts, Kinsey can be seen lying on his back with his hands in the air, pleading with Rinaldo to get on his stomach. Kinsey calls out to officers that Rinaldo is just playing with a toy truck. The video then either stopped being recorded or was edited to cut out several minutes before the shooting occurred. Kinsey was shot in the leg, and then officers rushed him to detain him in handcuffs.

In a media interview with WSVN, Charles Kinsey claimed that his hands were up the whole time:

“I’m like this right here, and when he shot me, it was so surprising,” Kinsey said. “It was like a mosquito bite, and when it hit me, I’m like, ‘I still got my hands in the air, and I said, ‘No I just got shot! And I’m saying, ‘Sir, why did you shoot me?’ and his words to me, he said, ‘I don’t know.’”

“They flipped me over, and I’m faced down in the ground, with cuffs on, waiting on the rescue squad to come. I’d say about 20, about 20 minutes it took the rescue squad to get there. And I was like, bleeding  — I mean bleeding and I was like, ‘Wow.’”

Is the shooting justified?

Without a complete video or any information besides Kinsey’s account of events, it’s impossible to make any determination about the justification for the shooting. We cannot stress enough that we only have Kinsey’s account of events, and the video was taken minutes prior to the shooting, and does not show the immediate events that led to the shooting.

Why Was Kinsey Handcuffed?

Kinsey being handcuffed does not mean that he was under arrest. Officers may handcuff people when they have specific and articulable officer safety concerns. If there’s enough reason to hold somebody at gunpoint, then there is certainly cause to handcuff them for safety.


We urge people to hold off on judgment until North Miami Police Department releases information on the shooting and we at least have a somewhat more clear picture of what had happened. Frequently, when people are shot by the police, their account of events almost always deny any wrongdoing. We will keep you updated as more information is released.

  • Walter Mattingly

    I support cops but this one looks bad. Reserve judgement until investigation is over. Cops do a dangerous job and horrible mistakes will happen, try and Rembert they are human too in the midst of constant, daily, trying circumstances. If you can do better suit up.

    • Ken T

      They aren’t even in the top 10 for dangerous jobs. The majority of the day consist of writing ticket and collecting bodies for the private prison slave labor. The other half spend their time on task forces seizing property from Americans they hope can’t afford to hire a lawyer to retrieve. They are the most god awful people you are likely to meet. They spend almost NO time doing all that crap you see on TV.

    • Paul Justice

      Yes, it looks bad. Fire and charge the cop already! These investigations take way too long.

  • Karl spencer

    I’ve got to admit this looks bad. I always say wait for the facts but police need to go the extra mile if there’s a chance that this could get inflamed even more. Back off, get a police negotiator, The fact that we don’t have all the video shows me that there may have been provocation for the shooting. We’ll have to wait and see.

    • Paul Justice

      If there was an actual provocation we would have heard it by now. Clearly, carelessly and momentarily pointing a toy truck at someone is not a legitimate reason to fire three shots at them regardless of the text of a 911 call. And why haven’t they released a transcript of the call, btw? My guess is that it makes the cops look even worse.

  • Njo

    So let me get this straight, the officers yelled many times to get on your stomach and he continued to lay on his back. If an officer tells me to do jumping jacks I will do jumping jacks…what didn’t he understand?
    He’s a behavior therapist, very educated, and can’t do as he’s told by law enforcement…police shouldn’t have shot him, and if he was on his stomach they could have cuffed him!

  • Jiiijii

    How do you accidentially fire a semi auto weapon 3 times by mistake? It is nearly impossible in the hands of any functioning adult but for a Swat member, even more absurd. Therefore, one can only conclude the shots were intentional and a reaction to a facts on the ground that we cannot see on video such as a misprecieved movement by the suspect(s). My instinct tells me wind noise or traffic noise and the inability of the officers for whatever reason to sapproach the suspect(s) and attempt to dialogue at a close enough range to hear the suspect(s) will be determined the proximate causation of the event. If I were the County Attorney, I would settle immediately on a confidential basis and sack the shooter for being inept. I doubt criminal charges will be filed given the missing video portion, which is conspiciously strange btw.

  • MrOptimistic

    I don’t know what’s worse, the article or these dumb ass comments…Smh! @Karl Spencer its funny how you say we’ll have to wait and see but right before that condemn the VICTIM by stating you think it might be provocation for the shooting. Let’s look at what we do know: The guy was unarmed and laying on his back with his hands in the air right before the shooting; So I’m interested to know what in your tiny mind do you think he could have done to provoke being shot? Did he start shooting lazers at the police from his eyes? Or maybe the poor little autistic boy pointed his firetruck too aggressively at the officers! And @Walter Mattingly a lot of people have dangerous jobs that’s no excuse to shoot unarmed people whenever you get nervous…You people disgust me!

    • 4Bravo1

      We do not know that “The guy was unarmed and laying on his back with his hands in the air right before the shooting.” Clearly the most important part of the video is missing. That is what Karl is talking about. Your blanket statements are bigoted and disgust me.

      • MrOptimistic

        Well how about leaving it at we’ll just have to wait and see instead of assuming the shooting was provoked! And you can’t be serious you and I both know he was unarmed bc if he wasn’t he would be dead right now…Wake up!

        • MrOptimistic

          I will apologize to Karl tho for insulting him for sharing his thoughts/opinions…I was wrong for that!

        • 4Bravo1

          The police do not kill every armed person that they shoot. Your statement is again provably false. You are batting 0%.

          • MrOptimistic

            If that BLACK man was armed he would be dead…Sad to say but its true!

          • 4Bravo1

            You are just as stupid to believe that police shoot all armed black men to death. Don’t let facts, as easily provable as they are, to get in the way of your religion.

          • MrOptimistic

            And you’re right because lately they have been too busy killing the UNARMED people!

          • 4Bravo1

            How many unarmed people have they killed. Both of the people killed causing recent protests were armed. But, I don’t expect facts to get in the way of your religion.

          • MrOptimistic

            That’s for another debate but let’s get back on topic and talk about the man mentioned in this article who was shot for no reason! Oh and what do you know CNN and every other news outlet as well as the North Miami PD confirmed he was indeed UNARMED!

          • 4Bravo1

            How did you determine he was intentionally shot for “no reason.”

          • Paul Justice

            Police kill a couple hundred unarmed people each year. How often do European police kill unarmed people? Answer: Almost never!

          • 4Bravo1

            US police kill about a hundred “unarmed” people a year, almost of them committing violent felonies and resisting arrest and either attacking or clearly displaying intent to attack. How many unarmed people do they not shoot? “Over the past year, The Post found that the vast majority of those shot and killed by police were armed and half of them were white. Only an idiot would believe that unarmed people cannot be lawfully shot.” Once again, you don’t understand use of force at all and don’t have the ability to weigh facts.

        • Paul Justice

          This is the Blue Lives Matter page. Blue Lives Matter believes that ANY conceivable threat to an officer, however remote, is grounds to empty your guns. As long as its “reasonable.” Because BLUE lives matter more than our lives.

      • MrOptimistic

        I will apologize to Karl tho for insulting him for sharing his thoughts/opinions…I was wrong for that!!!

    • David Clark

      “What we know now is irrelevant. What the policeman knew at the time he fired are the only important facts. We now know that JFK should not have toured Dallas in an open topped car.

      You say “The guy was unarmed and laying on his back with his hands in the air right before the shooting”. Are you stupid?

      In fact: The HOSTAGE was unarmed and sitting down with his arms in the air. The ASSAILANT was holding the alleged weapon and was refusing to drop it and put his arms up.

      Should the officer have fired? I don’t know.
      Why was SWAT even called? I would have thought SWAT should only be called after a normal police patrol have visited the area and assessed the situation.
      Should the SWAT officer learn how to aim a gun? DEFINITELY!

  • Joel Blodgett

    It is probably going to come out that the officer was shooting at the Autistic boy and not the gentleman on the ground with his hands up. Remember that police are already on edge, which is completely understandable considering the current climate. Police respond to a gun call and find a guy sitting in the middle of the road holding something in his hand. Sure the fact that it was a toy truck isn’t relevant at the time. I doubt the officer could see or really know for sure. The calls that he was Autistic from the caregiver probably also didn’t register in the officers mind either. Autism can be difficult to understand as it comes in many different forms, the officer might not fully understand WHAT “He’s autistic” means and certainly wouldn’t know what it means for this individual. Regardless I am not sure it matters if the officer truely had reason to believe that the person had a gun in his hand, which he obviously did have reason to believe based on the 911 call.

    I end with this… As the father of an Autistic young adult. I can tell you this is a nightmare that every parent of a special needs child deals with. Autistic children do very irrational things often at the wrong time. They live in a world that makes it very difficult to alter their mindset or activity in a split second. Being told by a stranger to lay down on your stomach with your hands out is not a command such a child would tend to listen to. The Autistic person doesn’t have the ability to really evaluate or understand the seriousness of such a situation.

    • Ken T

      Yet, you are still mkaing excuses for the cops shooting either unarmed person. Nobody is going to feel sympathy for you if they shoot your kid, just like you showed none for this man or this child.

      • Joel Blodgett

        Well I’m sure no one is going to show you sympathy for just plain being an asshole.

        • Lexx from the D

          Asshole lol

    • MrOptimistic

      Well if the officer in your words couldn’t see or didn’t know for SURE why would he fire his weapon? Your response is full of sympathy and excuses for the poor trigger happy cop but not one word about the true victim who was shot for doing his job!

    • Paul Justice

      Have you heard the 911 call? If not, perhaps you should reserve judgment about the officer’s reasonable beliefs.

  • Enlightener Illuminator

    I’m Canadian, and “judgement” is an accepted alternative spelling here (in Britain too). The author may be American, but the “judgement” spelling does exist in English. Just think of “modeled vs. modelled”, “offense vs. offence”, “favor vs. favour”, “civilized (US/Canada) vs. civilised (Britain)”, “yogurt vs. yogourt”, “center vs. centre”, “installment vs. instalment”, etc.

    That being said, if the officer (according to an official statement) was aiming at the patient, why was Kinsey handcuffed and left bleeding for 20 minutes???

  • Kinsey’s attorney edited the video. Why? To provoke sympathy from the emo public, thereby convicting the officer in the court of public opinion. It is an underhanded tactic, and makes Kinsey’s story suspect.
    Also, the commander that was suspended without pay for lying has a French name. Is he Haitian? Did he initially lie to investigators in order to frame Aledda? Hmm…

  • AuteursRevenge

    Parents of autistic children should be livid about this entire scenario. This is something that could happen to anyone with a special needs child at any time and for this cop to think that aiming at a specials needs person is in any way justifiable is equally disturbing. Nobody wants cops to be super human and without error but this was a clusterfuck from start to finish and they need to ADMIT that, APOLOGIZE for it and promise to do better in the future. Making up ship, handcuffing someone you shot but that you claim you weren’t aiming for etc is what is causing the public to lose their shit. It doesn’t make sense.

  • Too Smart

    I have two questions. Assuming that we accept the “official” explanation. Why didn’t they continue to shoot? After all if they shot because the autistic gentleman was posing a threat to Mr. Kinsey, certainly that gentleman would pose more of a threat after hearing a gun shot. And the second question is, if this officer is saying that his assessment before pulling the trigger was that Mr. Kinsey was the victim and was in grave danger, why then after shooting him, would you handcuff him? Are we to think that if this were a case where they believed that a black man was endangering a white female, that they would A) stop shooting at the black male, and B) handcuff the white female whom they “accidentally” shot? Please.

    • Paul Justice

      Great questions and points. Relatedly, why did the officer when asked (twice) after he shot him say, “I don’t know.” If he thought the autistic man’s toy truck was a gun aimed at Kinsey why didn’t he just say so? Afraid he’d look like an idiot?