Jermaine Baker, 28, was killed during a Metropolitan Police operation to stop prisoners being freed near Wood Green Crown Court in December 2015.
The firearms officer who killed Jermaine Baker during a foiled prison breakout more than seven years ago will face misconduct proceedings, a watchdog has announced.
Mr Baker, 28, of Tottenham, north London, was shot during a Metropolitan Police operation which thwarted a plot to snatch two prisoners from a van near Wood Green Crown Court in December 2015.
The Independent Office for Police Conduct (IOPC) said the officer, known only as W80, will now face a gross misconduct hearing.
It follows a Supreme Court ruling earlier this year that held the officer could face misconduct proceedings after a lengthy legal battle.
Prosecutors initially decided not to bring criminal charges against the marksman in 2017, but the subsequently IOPC directed the force should bring disciplinary proceedings against the officer for gross misconduct.
That decision was quashed by the High Court in August 2019, after it was challenged by Officer W80, but the Court of Appeal overturned that ruling in October 2020 after the IOPC brought an appeal.
In July of this year, the Supreme Court upheld the Court of Appeal’s ruling and dismissed an appeal by Officer W80, which was supported by the Met.
A panel of five justices unanimously ruled the IOPC applied the correct legal test when directing the Met to bring disciplinary proceedings against the officer.
The judges held that the civil, and not criminal, law test applies in disciplinary proceedings in relation to the use of force by a police officer in self-defence.
Mr Baker was among a group of men trying to free Izzet Eren and his co-defendant as they were transported from Wormwood Scrubs to be sentenced for a firearms offence.
A number of men were jailed in 2016 for their parts in the plot.
