Cleveland, OH — Up until last year, Darryl Borden was facing charges consisting of two counts of attempted murder of a police officer and three counts of felonious assault of a police officer. However, thanks to ballistics tests by forensics, Borden is no longer facing the possibility of spending the rest of his life in prison for shooting a cop because the cop who was shot, was shot by her partner.
Now, officer Jennifer Kilnapp has filed a federal civil rights lawsuit against the city, the police chief and her former partner because she was shot and no one was ever held accountable.
Attorney Matthew D. Besser released a statement, saying: “Any gun user knows one of the most basic rules of gun safety is that you never point a gun at someone without knowing who might be in the line of fire. By choosing to ignore that basic gun-safety rule, (officer Bailey) Gannon caused devastating consequences. Unfortunately, his conduct reflects CDP’s (Cleveland Police Department’s) ongoing culture of excessive force and its longstanding failure to adequately train rookies on the appropriate use-of-force.”
The incident unfolded in July of 2020 as police responded to a complaint at a boarding home. Borden was mentally ill and according to the woman who called 911, he was acting strange and fired a bullet into the floor.
According to investigators, Borden likely ingested synthetic drugs like K2 or PCP and had a bad reaction. These drugs, as TFTP has reported, are a direct product of the American war on drugs and have become increasing dangerous over the last decade as their safer counterparts continue to be sought out by drug warriors.
When officers Kilnapp and Gannon showed up on the scene, Borden was up in his room at the boarding home and refused to come down. Kilnapp led the way into the house and when she got there, other residents informed the officers again that Borden was armed.
As the body camera footage shows, when Kilnapp rounded the corner, a gun shot rang out — presumably from Borden’s gun and most likely into the ground. This sent Gannon into a panicked frenzy and he starts blindly firing in the direction of the gun fire.
Gannon “panicked” and began “firing blindly”, and one of his shots hit officer Kilnapp, Besser said.
During the melee, Gannon shot his partner through the arm and the bullet lodged in her back.
The incident was then resolved without further violence after a SWAT team showed up.
After surgeons removed the bullet from Kilnapp’s back, they gave it over to forensics who determined the bullet was not from Borden’s gun. It had come from officer Gannon’s service pistol.
This revelation was made in April, 2021 but not made public until last July. In a particular egregious manner, despite knowing that Gannon was the one who shot Kilnapp in April, officials continued with the narrative that Borden was the shooter, all the way through May. Cleveland19.com has yet to retract their story claiming Borden “pleaded guilty to shooting police officer several times,” which was a complete fabrication.