Cop feared for his life when he stood on hood of car and fired 15 shots through windshield in gunfight that killed unarmed couple, trial hears 

• Cleveland, Ohio, officer Michael Brelo is facing two counts of manslaughter
• Timothy Russell, 43, and Malissa Williams, 30, killed during 2012 shooting
• Brelo's footprints were found on hood of Chevy Malibu where they died 
• Rookie said he learned about hood 'because [Brelo] was talking about it'
• Judge will decide Brelo's fate and he faces a max sentence of 25 years 

By Associated Press

Published: 14:54 EST, 6 April 2015 | Updated: 15:03 EST, 6 April 2015

A police officer feared for his life when he fired the final shots in a barrage of bullets that killed two unarmed suspects, a court has heard.

Michael Brelo, 31, made his first appearance in court in Cleveland, Ohio, on Monday charged with two counts of voluntary manslaughter for the deaths of Timothy Russell, 43, and Malissa Williams, 30.

He is the lone officer among the 13 who fired their weapons that night who is charged criminally because prosecutors say he stood on the hood and opened fire four seconds after the other officers had stopped shooting.

Brelo's attorney Patrick D'Angelo conceded that his tactics could be called into question given that Brelo exposed himself to danger when he stepped onto the hood of a beat-up Chevy Malibu to fire 15 rounds into the windshield of the suspects' vehicle.

But Brelo and 12 officers who shot a total of 137 rounds into the car in November 2012 had ample reason to believe that Russell and Williams were shooting at them, he said.

Self defense? Michael Brelo's attorney opened the case insisting the 31-year-old (pictured today) had reason to believe he was being shot at when he jumped on the car and shot dead Timothy Russell and Melissa Williams

D'Angelo said he wasn't calling what Brelo and the other officers did that night heroic.

'They are simple, ordinary people who try to do the best they can and are put in very dangerous situations,' he said.

Brelo, charged with voluntary manslaughter, is the only officer charged because prosecutors said he waited until after the initial salvo had ended to reload and discharge the last of the 49 rounds he fired that night. 

A judge will decide whether Brelo is guilty or innocent. He faces a maximum sentence of 25 years in prison if convicted.

Assistant Cuyahoga County Prosecutor Rick Bell revealed that experts have concluded that another officer fired three rounds during Brelo's 15-shot volley, something defense attorneys have argued in motions.

Bell said a medical examiner has concluded that Brelo fired 'kill shots' into Russell and Williams and that they were still alive when Brelo fired from the top of a police cruiser and the trunk of the Malibu, striking Williams 11 times and Russell six times, when they were no longer a threat to anyone.

Brelo fired out of a sense of rage and vengeance after he and his partner became one of the first cars to join what would be a 19-mile chase on city streets and freeways with speeds reaching 100 mph, Bell said.  

Cleveland officer Michael Brelo is facing charges after two unarmed suspects were killed in this Chevy Malibu

Malissa Williams (left) and Timothy Russell (right) were both unarmed when they were killed in November 2012

The prosecutor criticized Brelo and others for violating departmental policies that required permission to chase a suspect vehicle. 

More than 100 Cleveland police officers in five dozen cars were involved in the chase at some point.

'His pursuit of 22 minutes described the final outcome,' Bell said of Brelo. 'He should have never been in that position to begin with.'

D'Angelo argued that Officer Wilfredo Diaz, who fired the initial rounds after Russell drove the Malibu toward him, could have killed Russell and Williams. Those shots prompted other officers to begin firing because they believed Russell and Williams were shooting at them.

'These officers were scared to death,' D'Angelo said. 'They thought they were in a gun battle.'  

The car was strafed by police gunfire after a high-speed chase over streets and freeways in and around Cleveland.

When Brelo was questioned by investigators two weeks after the shooting, he told them he didn't recall what happened.

He said: 'It's possible because I was so terrified that I was going to get run over.'

'But I don't recall that, sir.' 

Rookie officer Brian Sabolik  who was assigned to the same district as Brelo, told investigators he stopped firing after 'someone' jumped on the hood of the Malibu.  

Ohio officer Michael Brelo is facing two counts of manslaughter

Photos released by the Office of the Ohio Attorney General show a Cleveland cruiser sitting next to the Chevy

Officer Sabolik said he later learned it was Brelo.

Asked how he found out, Sabolik said: 'Because [Brelo] was talking about it.'

While Brelo claimed not to remember jumping on the hood, prosecutors have evidence to show that he did. 

Investigators from the Ohio Bureau of Criminal Investigation found footprints on the hood of the Malibu that matched a set found on the trunk and roof of a police car that Brelo had climbed on top of to fire from behind the light bar. 

Brelo is currently suspended.  

A judge - not a jury - will decide whether Brelo is guilty or innocent. 

Brelo's defense team has argued that all 49 rounds Brelo fired that night, including the last 15, were lawful.

The threat from the pair didn't end until Brelo reached into the Malibu and removed the keys to prevent the suspects from using the car as a weapon, according to his defense. 

Russell and Williams were each shot more than 20 times.

The chase started with a failed traffic stop on the edge of downtown by a plainclothes detective who never reported to dispatchers that he'd lost sight of the vehicle. 

Russell then sped past Cleveland police headquarters, where his car backfired. 

Officers and witnesses standing outside were certain they'd heard gunshots and a police radio call for shots fired triggered an adrenaline-fueled rush by officers to join the chase.

Brelo and his partner were two of the first officers to join the pursuit that ultimately included more than 60 police cars, 104 officers and reached at least 100mph.

In this forensics picture, bullet trajectories from the deadly shooting are marked off on the Chevy Malibu 

Investigators found footprints on the hood of the Malibu (left) that matched a set found on the trunk and roof of a police car (right) that Brelo had climbed on top of to fire from behind the light bar

After driving into a school parking lot more than 20 minutes after the chase began, Russell turned the car around and tried to flee again - sideswiping a cruiser before coming to a stop. 

Another officer, who said he feared for his life, opened fire, prompting others including Brelo to do the same.

Brelo and his partner fired 15 rounds through their own windshield and told investigators they saw dark objects in Russell's and Williams' hands. 

Brelo said he left his cruiser because he said he was afraid the Malibu would hit him, even though he then crossed in front of the car to climb on top of another cruiser and open fire again.

He told investigators: 'I had leapt trying to get out of the way of this car so it doesn't run me over and kill me.'

Investigators eventually concluded that neither Russell nor Williams had a gun. 

An exhaustive search was conducted along the route of the pursuit, including the use of a dive team to look in bodies of water, but no gun was ever found. 

Regardless of the trial's outcome, the after-effects of the chase and shooting will likely endure for years to come.

The incident helped spur a US Justice Department probe that concluded Cleveland police officers have shown a pattern and practice of using excessive force. 

The city and federal authorities are negotiating a consent decree to reform the police department that will cost the city millions of dollars to implement and enforce. 

Cleveland has already paid $3million to the families of Russell and Williams to settle a lawsuit. 

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