A police marksman may have been “angry, frustrated and annoyed” when he shot Chris Kaba dead after he tried to escape, a court has heard.
Martyn Blake, 40, is on trial at the Old Bailey, where he denies murdering the 24-year-old in Streatham, south London.
Mr Kaba was sat in the driver’s seat of an Audi with both hands on the steering wheel when he was shot once in the head on the night of 5 September 2022, a jury was told.
The car had a firearms marker on it in relation to reports a man had been seen with a shotgun the previous evening after gunshots were heard in Brixton, the court heard.
Prosecutor Tom Little KC said Mr Kaba had tried to drive away from officers, hitting a police vehicle in an attempt to escape, but did nothing in the seconds before he was shot to justify Blake’s decision to pull the trigger.
“What he was thinking at the time only he knows,” the barrister told jurors.
“But you may want to consider in this case whether the requests that were made to Chris Kaba by the police, that he did not obey, caused the defendant to become angry, frustrated and annoyed.”
Metropolitan Police marksman Blake, who was previously known as NX121, did not know Mr Kaba.
Mr Kaba had driven forwards towards a police vehicle, then reversed a short distance, hitting the front of another police vehicle that was blocking the Audi in, and the car was not moving at the time he was shot, the court heard.
Mr Little said “there can be no doubt” the armed officer intended to “incapacitate and, we say, to kill” Mr Kaba, and at “the heart of the case” was the decision-making of one man.
The prosecutor asked the jury: “Was this a case of mistaken belief as to risk or, as we say, was this an unlawful decision to shoot and to kill?”
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“It was a decision to shoot which was taken when, we say, the unassailable evidence of what actually took place that night reveals that it was not reasonably justified or justifiable,” Mr Little said.
The immediate risk to Blake and his fellow officers didn’t justify firing a bullet into Mr Kaba’s head “at the point when the trigger was pulled”, the prosecutor added.
He said that in Mr Kaba’s driving forwards towards a police vehicle blocking his path there “was an element of initial danger”, but he only drove backwards a short distance before he was killed and no officers were knocked down or injured.
It was not obvious there was room for Mr Kaba to escape and if he had managed to get away, he could’ve been followed by police vehicles and the helicopter hovering in the sky, the jury was told.
“There was no real or immediate threat to the life of anybody present at the scene and at the all-important point in time when the defendant fired that fatal shot,” he added.
The trial, which is expected to last for up to three weeks, continues.