VOLUME 3 PROGRAM 3 Perpendicular Shoot DUTY SHEET & LESSON PLAN Total Program Length: 42:30 IN THE LINE OF DUTY is produced exclusively as an interactive sharing resource for the law enforcement community. No commercial use or access to the public at large is permitted without the authorization of L.O.D., Inc. This program contains actual video of real police incidents with no reenactments or simulations. The program is protected by copyright. Reproduction in any form is strictly prohibited without authorization from L.O.D., Inc. This program is designed for informational purposes only. IN THE LINE OF DUTY makes no representation regarding the effectiveness or appropriateness of any action or technique depicted herein. It is not intended to replace or supersede existing training policies or guidelines of individual law enforcement agencies. In the Line of Duty Training videos have received POST approval for continuing education credit for training in the following states: Alabama, Arizona, Arkansas, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, New York, North Dakota, Oklahoma, Oregon, South Carolina, Tennessee, Utah, Washington, Wisconsin, Wyoming OVERVIEW In July, 1995, sheriff’ s deputies in Buncombe County, North Carolina had been on “ d.p.” (directed patrol) in an area of heavy drug use and d.u.i. activity. While preparing their strategy near a convenience store, officers noted a parked, white Thunderbird with numerous adults gazing suspiciously. The time was approximately 10 p.m. While purchasing alcohol at the convenience store, the subjects appeared to be watching the officers’ movements and whereabouts. Officers felt enough suspicion to justify following the vehicle when it left the parking lot. After stopping the car and questioning the female driver, the passenger in the backseat (behind the driver) was asked to step out of the car for questioning as well. While getting out of the vehicle, officers noticed a gun, which the individual appeared to be preparing to use. Despite loud and clear verbal commands, the subject would not drop the gun. The officers fired two shots apiece, killing the subject. It later turned out the individual had numerous priors and had sworn to acquaintances he would not be taken alive if stopped by police. He kept his word. Because of the extraordinary nature and sheer volume of information in this program, IN THE LINE OF DUTY has chosen to expand the run time for this program. DECISION TO STOP (4:00) As Deputies Anthony Cogdill and Jerry Young of the Buncombe County Sheriff’ s Department fell in behind the Thunderbird, they became even more suspicious because the driver was not exceeding 10-12 miles per hour on the highway. When the driver veered over a median from one interstate onto another highway, police felt they had reasonable cause to stop the motorist on suspicion of d.u.i. THE STOP (7:55) The stop was made in a brightly lit area on level ground, where three major highways converged. Deputies Cogdill and Young felt from the onset there were strange “ vibes” coming from the Thunderbird. Sgt. Bob Rainwater, the deputies’ supervisor, decided to join his officers because he, too, felt there were many “ red flags” occurring. When asked his name and birth date, the backseat passenger stumbled with his answer, leading officers to believe this was not his true identify. A computer check verified their suspicion. At that time, Deputy Cogdill asked the female driver out of the car for questioning. Because an infant strapped in the front car seat was her child, Cogdill felt she would be the most cooperative. She gave the passenger’ s real name to the deputies, and she also said there was a gun in the trunk, but that was the only weapon she was aware of in the vehicle. . THE INCIDENT (10:10) Now the officers had probable cause to search the Thunderbird, so Deputy Cogdill re-approached the vehicle and attempted to get the backseat passenger out for questioning. He became suspicious, though, when the front-seat passenger volunteered to help open the backseat passenger’ s door. Cogdill could not understand why he would make such an effort to lean all the way over the infant’ s car seat to help open the heavy back door. Instead, Deputy Cogdill stated he would open the door. The backseat passenger turned completely sideways towards the door, and he reached between the seats where Cogdill saw the butt of a gun. The officer hollered: “ Drop the gun...drop the gun...drop the fucking gun...” , but the subject refused, instead reaching around with both hands for a possible two-handed shot at Cogdill. Cogdill quickly moved to put the metal door strip between him and the gunman, and fired two rounds. Deputy Young, at the rear of the car with the female driver, raced toward the trunk of the car drawing his service weapon. He, too, fired twice, his shots going through the rear window. Sgt. Rainwater, on the passenger side, drew his service weapon as well but had no clear shot. When the shots cleared, the subject lay dead with three shots to the head. He had been unable to discharge his weapon. There were no other injuries. THE AFTERMATH (3:02) After the shooting (which had lasted less than six seconds), the officers regrouped as quickly as possible. Deputy Young began to get the remaining passengers out of the car. For the most part, they were all uncooperative and required stern verbal commands to get on the ground. Deputy Cogdill retrieved the shooter’ s gun, unloaded it, and placed the weapon on top of the trunk. He maintained careful observation of the shooter while awaiting additional officers, paramedics, and ambulances. Sgt. Rainwater did a pat-down search of the driver, who was very distraught, concerned about possible injuries to her child. No weapons were found. She, too, was uncooperative, but was allowed to mill around the Thunderbird while the other passengers were being searched and handcuffed. The subject, 33- year old Glen Frank Beck, had a lengthy criminal record and had sworn to his friends that he would not be taken alive by police. He died of the gunshots to the head, one of which severed the brain stem. POST MORTEM (2:57) ? Heightened Officer Awareness. Pay careful attention to “ red flags,” hunches, and your sixth sense. ? Using Sights (on gun) During High Stress. Deputy Young says he had no consciousness of his weapon’ s sights while firing his gun. ? Freeing Up Hands. Deputy Cogdill automatically threw down the driver’ s license, another individual’ s i.d. and vehicle registration as a prelude to drawing his weapon. He had virtually no awareness of doing so. ? Tunnel Vision. Both Deputy Young and Deputy Cogdill say the effect known as “ tunnel vision” impacted them during the high stress of the shooting. Young expressed some surprise at such powerful focusing ability. Both Young and Cogdill said they were generally unaware of each other’ s whereabouts, because they were so focused on the gunman. ? Decision to Turn on the Camera. Deputy Cogdill turned on his camera shortly after he began following the Thunderbird because he felt the incident was a potentially volatile one. ? Shooting Through Glass. Deputy Young says he “ squeezed off two rounds almost instantly” because he was not sure what the glass would do. EPILOG (1:46) ??Officers were armed with Sig Sauer P-220 .45 calibers which had seven rounds in the magazine and one in the chamber. ??They were using Winchester Black Talon or SXT brand ammunition. ??Deputy Cogdill’ s second shot struck the metal strip between the side windows. The other three (one fired by Cogdill; two by Deputy Young) struck the subject in the head. ??Buncombe County officers wear Safariland Triple Threat holsters and Spectralite body armor. ??The 33-year old subject who was killed had a .25 blood alcohol content, over three times the legal limit of .08 in North Carolina. ??He had a five-shot Rossi blue steel. 38 with five rounds in it. ??He had priors for armed robbery; assault on an officer with a knife; common- law robbery; forgeries; misdemeanor assaults; common- law robbery with a knife; and several arrests for intoxication and disruptive behavior. ??The shooting was ruled justifiable. ??The other subjects either had no prior arrest record or had minor prior arrests. ??After a 35-day paid administrative leave and stress debriefing, all three officers returned to duty. ??Anthony Cogdill has since joined the North Carolina State Highway Patrol. ??Bob Rainwater has since been promoted to lieutenant. ??Deputy Young has since been promoted to Criminal Investigations. ??The Buncombe County Sheriff’ s Department has 200 officers. Their phone number is (704) 277-3131. BACK-UP (4:04) ? WEBSITE Don and I are very pleased to announce a major expansion of our IN THE LINE OF DUTY website (www.lineofduty.com) It will now include a daily “ A.P.B.” crime and law enforcement update on “ Real Audio.” We’ ll also provide a weekly update for fire and emergency services. Just click on the “ Fires on the Internet” icon. Please provide us with as much feedback as possible on the website. We feel it can become a crucial adjunct to your law enforcement efforts, but only with your support and input. LETTERS We are grateful for the continual flow of communication from members of our IN THE LINE OF DUTY family. We felt this recent correspondence from the Eugene (OR) P.D. would be of interest to all in the law enforcement community. Sgt. Bruce Perkins writes: “ We really appreciate the work you guys are doing to promote safety among the troops. “ One of our officers told me he believes he is alive today, or at the very least not injured, due to your segment on Mark Coates (Volume 1, Program 4). At in-service training a day earlier, he and many other officers had watched the Coates video. “ The next night he and another officer made contact with a subject who had the same ‘ cooperative’ attitude [as Richard Blackburn did with Trooper Coates]. However, because of the video, this experienced officer did NOT let his guard down. “ This subject, like Blackburn, then attempted to assault the officers---but lost! “ The following morning, the officer contacted me and thanked me for having shown the officer safety video. “ If the ‘ In the Line of Duty’ videos prevent just one of our officers from getting injured, it is well worth it. Thanks!” Sgt. Bruce Perkins Eugene (OR) Police Dept. We want to remind those of you who communicate with IN THE LINE OF DUTY by e-mail to provide your complete, accurate e-mail address when corresponding with us. We have had several of our e- mail responses returned to us as “ undeliverable.” We respond to all e- mails promptly! Thanks so much for your support. Remember, anytime you have questions, ideas, suggestions, or comments just e- mail us or call us at (800) 462-5232. LESSON PLAN COURSE SYNOPSIS: This course covers a directed patrol incident in an area of heavy drug use and DUI activity, where officers stopped a vehicle with six individuals. Discussion will revolve around the decision to stop a suspicious vehicle; procedures during such a stop; communication with other officers; probable cause; “ deadly hands” ; and procedures to be followed after a shooting incident. TIME: 1 Hour OBJECTIVES: Upon completion of this course, officers should be able to: Obj. A Analyze a decision to stop a suspicious vehicle. Obj. B Review procedures to follow in a suspicious vehicle stop. Obj. C Establish what to do once probable cause is determined. Obj. D Obj. E Review some responses to the appearance of “ deadly hands.” Review procedures to follow after a shooting incident. INSTRUCTOR'S NOTES LESSON PLAN/LAB GUIDE Obj. A I. Obj. B II. Procedures in a Suspicious Vehicle Stop A. Ask for occupants’ names and birthdates for a co mputer check. Be aware of those who appear to be lying about this basic information. B. If there is suspicion of a false ID, ask the driver or passengers to step out of the vehicle for further questioning. C. Think about the best/most appropriate place to conduct the interview. D. Watch for “ red flags” and pay attention to gut feelings during a stop. Call for backup and/or a supervisor. E. Realize that you may still not know all the facts, even after lengthy questioning, such as the location of weapons in a vehicle. Obj. C III. Probable Cause A. A computer check that does not come up with the name and birthdate given is enough probable cause to search a vehicle. B. You may want to question the individual with the fake ID outside the vehicle. C. Monitor the individual’s behavior as he/she exits the vehicle. D. Backup officers should keep an eye on the other passengers. Decision to Stop a Suspicious Vehicle A. Directed patrol may be used in areas of drug use and DUI activity. B. Convenience stores are common areas for such activity. C. Subjects may watch officer’ s movements and whereabouts. D. An officer ’s suspicion is usually enough to justify following a vehicle. E. Suspicious activities can include a low rate of speed or veering over a median. Obj. D IV. “ Deadly Hands” A. Make sure you can see all passengers hands at all times. B. A weapon may be hidden in the car and a passenger might try to reach for it. In this instance, a gun was hidden between the seats. C. Your “ Drop the gun!“ command must be loud enough to be heard by passengers and all other officers on the scene. D. If the gunman refuses to drop the weapon, use the car door or metal door strip as a barrier. E. Shots from the rear window may stop an assailant. Obj. E V. After the Shooting A. Secure the weapon. Remember safety precautions, including unloading the weapon (if applicable) and storing it in a safe place. B. Remaining occupants must be secured. Handcuffing is strongly recommended, especially if they are restless or uncooperative. C. You may want to search or “ pat down” each occupant. VI. Questions 1. When pulling over a vehicle, do you always notify the dispatcher? If so, what information do you provide the dispatcher? 2. On a vehicle stop, if you are the back-up (cover) officer, where do you position yourself? 3. As a back-up (cover) officer, is it a good idea to let the occupants of the vehicle know there are at least two officers on the scene? If so, how would you do that? 4. Do you ensure the trunk is secure when approaching a vehicle stop? 5. Deputy Cogdill ensured the trunk of the subjects’ vehicle was secure and left his fingerprints. Is this a sound tactic? 6. Have you ever been told there are no weapons involved only to find out later, there were? How did you feel? 7. During a vehicle stop, when the driver is out of the vehicle, where do you conduct the interview? 8. Have you ever had that “ funny feeling” that something just wasn’ t right? Discuss that “ feeling” and the incident(s). 9. How well do you communicate with other officers during an incident? VII. Additional Questions 1. Do you make it a practice to go by when you hear an officer call out on a traffic stop? 2. Are you aware of your surroundings should you have to make an exit? 3. After the shooting Deputy Cogdill removed the subject’s weapon, unloaded it, and placed it on the trunk of the vehicle. How would you have secured this important piece of evidence? 4. When securing the occupants of a vehicle, would you cuff and then search, or search and then cuff? 5. When dealing with multiple subjects, do you have enough handcuffs? 6. As a supervisor, are you aware of all the different training your officers have? How do you put that training to use? 7. Are you always aware of potential crossfire with other officers? 8. Are you careful not to silhouette yourself in your spotlight during nighttime stops? VIII. Lessons Learned A. Watch for Deadly Hands B. Know Your Officers. Get to know them personally, i.e. habits, skills, interests, etc. C. Practice Shooting with Both Eyes Open D. Take Training Seriously, Not for Granted E. Communicate (with other officers/dispatch) as Much as Possible F. Cuff as Soon as Possible G. Try Not to Interview in the Danger Zone (between parked cars) H. Laziness Can Kill SOURCE DOCUMENTS 1. IN THE LINE OF DUTY VIDEO VOLUME 3, PROGRAM 3 2. IN THE LINE OF DUTY DUTY SHEET VOLUME 3, PROGRAM 3