State Attorney Ginger Bowden Madden announces that after diligent investigation and review no criminal prosecution will be commenced against Corey Marioneaux Jr. for a shooting incident that occurred during the lawful execution of a search warrant at his residence on Feb. 3.
Marioneaux was arrested by the Pensacola Police Department after discharging a 9mm semi-automatic pistol as officers made entry into his residence. The officers knocked and announced their presence by shouting “Pensacola Police Search Warrant” three times at approximately 5 am before utilizing a ram to breach the front door. Marioneaux, apparently awoken by the knock-and-announce, fired once from the central hallway of his residence at the exact moment the door burst open. The projectile struck the tempered glass window of a ballistic shield wielded by a Pensacola Police officer positioned outside the doorway. The officer returned fire by discharging one shot. No one was injured in the exchange. Marioneaux, exhibiting shock, immediately put his firearm down, and stated that he was sorry, and that he didn’t know it was the police. He also stated that he thought the police were people who were looking for him, apparently fearful of others in the community who he felt intended him harm.
Careful review of the case has determined that there is insufficient proof to establish beyond a reasonable doubt that Marioneaux knew that he was firing at a police officer. Knowledge is an essential element of the offense. The evidence would show that Marioneaux fired the shot at the exact moment the door burst open. Under the unique set of circumstances, he did not have adequate time to perceive and appreciate that it was a uniformed police officer equipped with a ballistic shield on the other side of the door. The manner in which he repudiated his intent to fire upon a police officer substantiates his claim that he did not know it was the police when he fired the shot.
This office has consulted with the Chief of the Pensacola Police Department and he has indicated his understanding of the decision, and support. This office found that the execution of the search warrant was done in conformity with applicable state law. There will be no further comment on this incident from the Office of the State Attorney.