Just in! Murder in Dover-Foxcroft, Cops gun down assailant at Fairground.

I talked with an acquaintance, a few days back, who was a former police officer in this area. He has spoken to several who were on the scene, at the fairgrounds.

He was unwilling to say what he thought actually happened, and why, instead being more than willing to wait for the investigation to take it's course. He, like many of the officers on the scene that day, knew both men involved well, and had worked with Mr Curtis, often, as had many others here.

He did say that he thought one of the unfortuante things that day was the unclear chain of command, who was in charge at any given moment, and the lack of communication between agenceies.

He also said that he was on duty here the day that Mr Chasse escaped from the courthouse, a few years back. There was a mad chase for a few hours, with Chasse taking a woman hostage at knifepoint for a while, until finally caught in Sebec Lake. My friend said the communication was extremely poor that day and has only improved to the extent that many officers now, have portable radio units, there is still little coordination between agencies.

I asked if he thought that any thing good, in terms of resolving some of these issues, might come out of the investigation. One of the answers he gave was that he felt that there was lots of rivalry/jealousy between agencies, sort of the kind of feelings that exist between the BATF and the FBI.

He said that he thought that, if a town or city, had a PD that they ought to be in charge, if on the scene first, until the state police arrive. That day, the events all happened in about 15 minutes and even some folks who were there don't know who else was there and who arrived when.

This incident was clearly compounded by the time/circumstances issue in that there was little time on the part of anyone to develop any sort of plan. Though the jurisdiction issues may be addressed eventually, no one has figured out how to slow down time yet, and that is always an issue to have to deal with.

WC

WC:

There is a mutual aid statute, which does not answer any of the issues you raise.

Given the mission of "serve and protect", there are very different considerations before and after a murder is committed. It is nice, if one has time and space, to meet, formulate plans, deploy resources, divide sectors of responsibility, etc. That was a suboptimal response at Binghamton and Columbine.

The James Levier case shows what CAN happen despite the best laid plans of everyone. I DID handle that one, and was on - scene that day. Three departments took their time, called interpreters, formulated plans, etc.

While formulating the plans, Levier leveled his rifle at my client and the officer immediately behind him. There was no time for additional planning.

Bottom line -- it is GREAT to do all that stuff to formulate a chain of command, deploy people, etc. I'm all for it, so long as it doesn't interfere with immediate, neessary action if the badguy doesn't want to let you finish.

As to advisability and execution in this case, your info source is, like me, waiting for the investigation. Those are issues that the post shooting review panel (which must include a civilian) should address EVEN IF THE SHOOTING IS OBVIOUSLY JUSTIFIABLE.

PS: If you can patent that "time slowing down" thingie, I know a bunch of departments that will buy them.

Its been my experience that the officers actually out working the streets are more than willing to work together. Its the top echelon that perpetuates the territorial jurisdiction BS. I've witnessed a chief openly state that it was his town and the sheriff's department and the MSP were to stay out. Its fair to say that it still it goes on, contributing in some way to unforeseen circumstances.

I think its time to add Cop Land to my NETFlIX list.

Report of the Attorney General on the Use of Deadly Force By State Trooper in Dover-Foxcroft on November 29, 2011
07/09/2012 12:15 PM EDT

Facts

On the Tuesday morning of November 29, 2011, Michael S. Curtis, 46, of Sangerville, was shot and killed by State Police Trooper Jon Brown during a confrontation at the Piscataquis Valley Fairgrounds in Dover-Foxcroft.

Shortly after 9 a.m. on November 29, Curtis, a dispatcher for the Piscataquis County Sheriff's Office, left his home in Sangerville after an argument with his wife and drove to the Hilltop Manor in Dover-Foxcroft where his wife's ex-husband, Udo Schneider , was working with others outside the facility. (Udo Schneider is not related to Attorney General William J. Schneider) Upon arrival, Mr. Curtis confronted Mr. Schneider in the presence of other workers and shot and killed him. One of the coworkers called 911 and reported that the assailant, who was later identified as Michael Curtis, fled the scene in a white Ford pickup truck bearing firefighter license plates.

No more than ten minutes after the 911 call, at about 9:36 a.m., Lt. Scott Arno of the Dover-Foxcroft Police Department spotted a vehicle matching the description in the 911 call and followed it to the Piscataquis Valley Fairgrounds. A lone occupant, later identified as Michael Curtis, was in the vehicle. At the same time, other officers from the Dover-Foxcroft Police Department, as well as officers from the Piscataquis County Sheriff's Office, the Maine State Police, and the Dexter, Milo, and Brownville police departments responded to the 911 report. Among these officers was Trooper Jon Brown of the State Police. Trooper Brown was patrolling in Ripley when, at about 9:35 a.m., he heard a State Police radio broadcast reporting the shooting at Hilltop Manor. A few minutes later, Trooper Brown heard the report that the suspect vehicle had driven into the fairgrounds in Dover-Foxcroft.

On his way to Dover-Foxcroft, Trooper Brown came up behind Dexter Police Chief James Emerson, who was also responding to the 911 call, and, at 9:53 a.m., both officers arrived at the fairgrounds. Eighteen minutes had elapsed from the time Trooper Brown heard the initial State Police broadcast. During those 18 minutes, Trooper Brown became aware that the victim of the shooting at the Hilltop Manor had been shot several times and that he was likely deceased. Trooper Brown also learned that the suspect had fled the scene of the shooting in a white pickup truck with firefighter plates, that the suspect was armed with at least a handgun, that shots had been fired by the suspect after his arrival at the fairgrounds, and that there were at least four police officers at the fairgrounds. He also learned from a State Police broadcast that officers at the scene were having difficulty managing the scene because of the number of additional responding officers, and that officers at the scene had requested the assistance of a State Police negotiator and the State Police Tactical Team. The source of all of Trooper Brown's information until his arrival at the fairgrounds was State Police dispatch in Orono. Trooper Brown was unable to monitor broadcasts by the Piscataquis County Sheriff's Office or monitor radio conversations among other responding officers.

At approximately 9:43 a.m., David Wilson, an agent of the Maine Drug Enforcement Agency, arrived at the fairgrounds and took a position in an open-sided building over 800 feet west of Mr. Curtis' location. Using binoculars, Agent Wilson saw a man with no shirt leaning against the back of the pickup truck. Agent Wilson, who personally knew Michael Curtis, did not at that time recognize the man as Mr. Curtis.

At approximately 9:45 a.m., Agent Wilson looked away from Mr. Curtis to use his radio, and heard the report of four gunshots that seemed to come from Mr. Curtis' location. Agent Wilson looked back at Mr. Curtis through his binoculars and saw that Mr. Curtis was maintaining the same position observed earlier. Agent Wilson theorized that Mr. Curtis had fired the shots in the air. He announced over his police radio, "Gunshots, gunshots, be advised gunshots have been fired." This information was subsequently broadcast by the State Police dispatcher in Orono and heard by Trooper Brown, still on his way to the fairgrounds. In the meantime, Lt. Arno, Chief Dennis Dyer, Sheriff John Goggin, Chief Deputy Dale Clukey, and Deputy James Kane joined Agent Wilson at his location. Independent of one another, both Lt. Arno and Chief Dyer requested the assistance of the State Police Tactical Team and a State Police negotiator.

Trooper Brown and other State Police officers responding to the fairgrounds were unaware of two-way radio communications between the suspect himself, who had a portable radio and was broadcasting on a fire frequency, and a dispatcher at the Sheriff's Office. For several minutes, the dispatcher attempted to persuade Mr. Curtis to relinquish his weapon and surrender to the police. At 9:53 a.m., at the same time that Trooper Brown arrived at the fairgrounds, Sheriff Goggin took over radio communications with Mr. Curtis and announced the following:

Mike, I'm coming out right now, I'm coming up and talk to you right where you're at. You stay right there. You just throw your gun in the cab of the truck - you throw it down, I don't care what you do with it. Nobody's going to hurt you Mike, I give you my word, nobody's going to hurt you, we're going to give you the help that you need and that's it. Nobody else is going to get hurt today. Now you just listen to me, and I'll be right out and we're going to help you. Okay?

After Mr. Curtis acknowledged the announcement, Sheriff Goggin, notwithstanding dissent from other officers, started out of the building into the field walking in the direction of Mr. Curtis some 800 feet away.

When Trooper Brown arrived at the fairgrounds, he was armed with his service weapon and a rifle. While he was unaware of the exact location of Mr. Curtis, he could see what he presumed to be Mr. Curtis' pickup truck in a field several hundred feet away. He also saw what appeared to be a log yard on the other side of the truck and assumed that people were likely working in the yard. Based on previous radio traffic, Trooper Brown anticipated but did not observe a significant law enforcement presence at the fairgrounds nor did he observe what he anticipated to be evidence of officers deployed around the vehicle in a "perimeter" fashion intended to preclude possible further flight. Trooper Brown sought out the on-scene commander, who was identified to him by Chief Emerson as MDEA Agent Wilson. He asked Agent Wilson if the man next to the pickup truck was the suspect and if the suspect had fired at the officers at the fairgrounds. While speaking with Agent Wilson, Trooper Brown observed other officers taking cover inside an open-sided building containing farm machinery. Based on these observations and the radio traffic that he received from the State Police dispatcher in Orono, Trooper Brown concluded that the officers he saw in the open-sided building were the total complement of officers on scene and that no perimeter had been established by law enforcement. Trooper Brown remained unaware that communication had been established between Mr. Curtis and Sheriff Goggin.

Trooper Brown took a prone position on the ground near the building in which he had observed the other officers, and issued commands to Mr. Curtis to "show your hands." After Mr. Curtis failed to comply with the commands, Trooper Brown fired three rounds from his rifle at Mr. Curtis from the prone position. Immediately after the first round, Mr. Curtis fired his weapon - a handgun - into the air. Trooper Brown's rounds struck the pickup truck but missed Mr. Curtis. At the time that Trooper Brown fired the shots at Mr. Curtis, he was unaware that Sheriff Goggin intended to walk out into the field to Mr. Curtis' location. Similarly, after firing the three shots, Trooper Brown was unaware of the following radio communication from Mr. Curtis:

Scream all you want, scream all you want, I'm not going to put the friggin gun down. I can see you, I can see you from where I am, I'm not going to hurt nobody, I'm not going to hurt nobody, I'm not going to hurt nobody.

I want help, but nobody seems to want to help me, all they want to do is shoot me.

Walk up to me - you know - I don't care, I'm not going to hurt nobody.

Surprised by Trooper Brown's actions in firing the shots at Mr. Curtis, other officers in the open building next to him, including a person Trooper Brown later learned to be Sheriff Goggin, admonished him for his actions. It was at this point that Trooper Brown became aware that others were communicating with Mr. Curtis, and that Sheriff Goggin intended to walk out into the field to meet with Mr. Curtis. Trooper Brown also learned that two officers responding to the 911 call had been directed to the log yard, an area closer to Mr. Curtis than the building in which the other officers were located.

When Trooper Brown saw Sheriff Goggin walking into the field toward Mr. Curtis, he yelled several warnings for the Sheriff to "get out of the field." When Sheriff Goggin ignored the warnings, Trooper Brown left the other officers and enlisted the assistance of a Dexter police officer, Sgt. Kevin Wintle, to accompany him in moving to a different location. The two officers went into a wooded area generally to the north of where Mr. Curtis was located next to his pickup truck. As Trooper Brown and Sgt. Wintle were moving closer to Mr. Curtis, Sheriff Goggin continued walking in the open field and was closing the distance between himself and Mr. Curtis.

When Trooper Brown found a spot where he had a closer and clearer view of Mr. Curtis, he aimed and fired one round at Mr. Curtis. At the time of the shot, Mr. Curtis was still armed and was looking in the direction of Sheriff Goggin, who was less than 150 feet from him. Trooper Brown was nearly 500 feet from Mr. Curtis when he discharged the rifle. The round struck Mr. Curtis. Medical aid was rendered at the scene and Mr. Curtis was taken by ambulance to a local hospital where he died a short time later.

Detectives from the Office of the Attorney General went to the scene to conduct an investigation. They were assisted by several members of the State Police, as well as members of the Maine Warden Service and several other agencies. The weapon used by Mr. Curtis to kill Mr. Schneider and the one in his possession at the fairgrounds was a Glock .40 caliber semiautomatic pistol with a total capacity of 16 rounds. Investigation at the Hilltop Manor disclosed that Mr. Curtis had fired 12 rounds at Mr. Schneider. Investigation at the fairgrounds resulted in the recovery near where Mr. Curtis had been standing of five spent .40 caliber casings, accounting for the four shots heard by Agent Wilson and the single shot discharged by Mr. Curtis at the time Trooper Brown initially shot at him. An examination of Mr. Curtis's pistol after his death disclosed seven live rounds still in the weapon, indicating that Mr. Curtis reloaded the weapon between the time he shot and killed Mr. Schneider and the time he was shot and killed by Trooper Brown. Several loose live .40 caliber rounds were found in the pickup truck.

Dr. Edward David of the Office of the Chief Medical Examiner conducted an investigation at the scene. The Chief Medical Examiner, Dr. Margaret Greenwald, later conducted a post mortem examination in which she determined the cause of Mr. Curtis' death to be a single gunshot wound that entered the right posterior chest, and exited the left lateral chest. Mr. Curtis' blood-alcohol content (BAC) at the time of his death was 0.216%.

Legal Analysis and Conclusion

The Attorney General is charged by law with investigating the circumstances under which any law enforcement officer uses deadly force while acting in the performance of the officer's duties. The sole purpose of the Attorney General's investigation is to determine whether self-defense or the defense of others or the need to arrest or stop a dangerous person from escaping, as defined by law, is reasonably generated by the facts so as to preclude criminal prosecution. The review does not include an analysis of potential civil liability, whether any administrative employment action is warranted, or whether the use of deadly force could have been averted.

Under Maine law, for an individual, including a law enforcement officer, to be justified in using deadly force in self-defense or the defense of others, two requirements must be met. First, the individual must actually and reasonably believe that deadly force is imminently threatened against the individual or against someone else, and, second, the individual must actually and reasonably believe that deadly force is necessary to counter that imminent threat. In addition, under certain limited circumstances, a law enforcement officer is authorized by law to use deadly force to make an arrest or prevent an escape. Specifically, a law enforcement officer is justified in using deadly force only when the officer reasonably believes that such force is necessary and the officer reasonably believes that the person (1) has committed a crime involving the use or threatened use of deadly force, (2) is using a dangerous weapon in attempting to escape, or (3) otherwise indicates that the person is likely to endanger human life or to inflict serious bodily injury unless apprehended without delay. When using deadly force to make an arrest or prevent an escape, the officer must first make reasonable efforts to advise the person that the officer is a law enforcement officer, and the officer must have reasonable grounds to believe that the person is aware of this advice. Whether a use of force is reasonable is based on the totality of the particular circumstances, and must be judged from the perspective of a reasonable officer on the scene, allowing for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. The analysis requires careful attention to the facts and circumstances of a particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight.

Attorney General William J. Schneider has concluded that at the time Trooper Brown fired the shot that resulted in Mr. Curtis' death, it was reasonable for Trooper Brown to believe that deadly force was imminently threatened against Sheriff Goggin, if not others, and it was reasonable for Trooper Brown to believe that it was necessary for him to use deadly force to counter that imminent threat of deadly force. Moreover, Attorney General Schneider determined that Trooper Brown reasonably believed that Mr. Curtis had committed a crime involving the use of deadly force, was likely to seriously endanger human life unless apprehended without delay, and that Mr. Curtis knew that Trooper Brown and the other officers at the fairgrounds were law enforcement officers attempting to arrest him. The Attorney General's conclusions are based on an extensive scene investigation, interviews with numerous individuals, and review of all evidence made available from any source.

It is beyond the scope of this report and beyond the authority and expertise of the Attorney General's Office to determine or speculate on Mr. Curtis' motivations, his state of mind, or the medical or psychological underpinnings of his behavior and actions on November 29, 2011, in Dover-Foxcroft.

I certainly hope that one result of this incident is better communication between responding agencies in a situation like this.

The most interesting thing to me is enroute to scene why Trooper Brown could not monitor Pis. S. O. communications ?
I bet Orono was.
There used to be channels by regions for this purpose maybe they have changed but that is interesting to me.

As to the rest of it ,time sequence is unusual in this case(very quick) and lead to most issues.
The attempt to talk w/ subject was noble but very questionable given the confusion related to time frame of events.

Additionally who called for all these other jurisdictions to respond initially?

Actually, you'd need some kind of "chain of command". If the Sheriff "ain't the boss 'o me", and I see him walking into a potential deathtrap or hostage situation, I might disagree with the logic and safety of the Sheriff's actions.

If the Sheriff was in charge, then the Sheriff would be free to give the orders, advance, get shot, and thus provide a clear field of fire for the two officers who stayed in the brush wondering why the Sheriff wanted to get shot.

Interesting note in that regard:

§103-A. Duress

3. The defense set forth in this section is not available:

B. To a person who recklessly placed that person in a situation in which it was reasonably probable that the person would be subjected to duress; or [2007, c. 173, §19 (AMD).]
C. To a person who with criminal negligence placed that person in a situation in which it was reasonably probable that the person would be subjected to duress, whenever criminal negligence suffices to establish culpability for the offense charged.

It is generally a BAD thing to let a fellow officer get into a situation where he / she might be forced to surrender a firearm, radio, vest and ammo.

It is generally a BAD thing to let a fellow officer get into a situation where he / she might be forced to surrender a firearm, radio, vest and ammo.

That's interesting.

So if there is the POSSIBILITY that MIGHT happen... then shoot away!

TJC you are correct the principle is the person in charge isn't directly involved just for the reasons you stated!
That is why we have trained people to talk w/ subjects in these scenarios they talk with the person in charge.

Curtis “I want help, but nobody seems to want to help me, all they want to do is shoot me.”
Statement made after 3 shoots missed their mark.

Not too many mental health workers will help someone with a gun that just shot someone dead. Had he put the gun down he may have gotten some help after he was arrested at gun point.

Statement made after 3 shoots missed their mark.

This cowboy took 4 shots, and missed with the first three. If Curtis was intent on making additional mayhem, he certainly had an opportunity to do so.

You do NOT defuse a supposed hostage-type situation by shooting and missing. You would INCREASE the danger by doing that.

The report stated that the first 3 shots where made from a distance of 800 feet or (266 yards). Not an easy shot if it was an open sighted AR, but the Marines train at 500 yards on still targets. Just saying.

I have killed a LOT of woodchucks at over 300 yards with the same caliber as the AR-15.

Scope or open sights?

It generally doesn't make sense to talk about a rifle shot in feet. Rifle shooters generally think in terms of yards.

My eyes can barely make out the bullseye at 200 yards. I'm happy to be getting them on the paper. Past that it's a grainy blur.

The report stated that the first 3 shots where made from a distance of 800 feet or (266 yards). Not an easy shot if it was an open sighted AR,

In the end if he wanted help all he had to do is drop gun. If the fact that three shots missed him that would be a motivator to do so!
He didn't and is dead. A better result than taking anyone else w/ him.

Good point Bruce, a round smacking into a car panel tends to put a situation into perspective for most people, but then again most people don't arrive at the metal state of killing someone in cold blood.

Roger I've shoot pigeons out of the sky with a pellet gun and dusted groundhogs at 400-500 yards with a 22-250, but those critters never shot back. I'm sure stress played a part in the misplaced rounds, buy those shots wouldn't have been made if not for an open field.

Oh, come on. A guy with a handgun 250+ yards away is not "shooting at you."

This cowboy shows up, he has no idea what is going on, doesn't know where the other police are, has no idea who is in charge, or what efforts are under way, and just starts blasting away, sending rounds all over the place, possibly where other police are (because he doesn't KNOW where they are). He makes no attempt in integrate or coordinate with the perimiter structure, or check with the guy in charge, who at this point is the chief.

He is under NO control.

Nonetheless, he keeps popping away, oblivious to what is going on, in total opposition to the strategy the officers controlling the situation and the at the perimiter are doing, until FINALLY he can put a notch in his M-16.

This is just plain reckless behavior.

Stephen are you up to date on what SP is using for radios in cars and frequencies they cover i.e. the region nets or have they been replaced ?
I really find that part peculiar .

I'll PM you on radio stuff.

Tom C. spot on .

Trooper Brown should get the "Barney Phyfe" award .

"To heck with who is where doing what, I'm shootin'. "

The whole thing stinks.
Sheriff Goggin knows what he was doing.
Trooper Oscar Meyer should be fired.He is not only a lousy shot, he needlessly assumed command of a situation he was not entitled to assume command of. I hope the Sheriff revoked his passport to enter the county.

LEO....line em op......lay em out. How many people were murdered by these thugs last year anyway?

Shot in the back.

Brenda Keilty's got some 'splainin to do.

From the report: "Surprised by Trooper Brown's actions in firing the shots at Mr. Curtis, other officers in the open building next to him, including a person Trooper Brown later learned to be Sheriff Goggin, admonished him for his actions." An early report I heard was that Sheriff Goggin had physical physical contact with Brown. That Curtis had a very high BAC is surprising as well.
If I'm not mistaken the Maine AG has never found a LEO shooting not justified.... if not ever, at least since I've been paying attention.

Oh, come on. A guy with a handgun 250+ yards away is not "shooting at you."

You can't be serious.

http://www.youtube.com/watch?v=31EEgrQOh04&feature=relmfu
http://www.youtube.com/watch?v=Tied-t1fFsk&feature=related
http://www.youtube.com/watch?v=oXdXMUOb3UY
http://www.youtube.com/watch?v=zFd3kF6LHz4
http://www.youtube.com/watch?v=lE6EUCSiJRg
http://www.youtube.com/watch?v=Qldh3rZ72y8
http://www.youtube.com/watch?v=0MrpxE3DwyI

Tom: I used to have fun shooting my .22 Ruger pistol at cinder blocks. At 100 yards from a rest, I could hit it every time, rapid fire. I am not a superhuman shooter, and I know many far better. I would personally be disinclined to let someone shoot at me with a .40 cal at 300 yards. The many shooters featured in the videos I posted hit targets a lot at the 200-300 yard distance.

Green-ee:

Do you disagree with the AG's conclusion in this case? Why? I'd help us lots if you referenced the statute, and pointed out what elements of justification the Trooper did NOT meet.

To effect an arrest or prevent the escape from arrest of a person when the law enforcement officer reasonably believes that the person has committed a crime involving the use or threatened use of deadly force, is using a dangerous weapon in attempting to escape or otherwise indicates that the person is likely to endanger seriously human life or to inflict serious bodily injury unless apprehended without delay; and
(1) The law enforcement officer has made reasonable efforts to advise the person that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest and the officer has reasonable grounds to believe that the person is aware of this advice; or
(2) The law enforcement officer reasonably believes that the person to be arrested otherwise knows that the officer is a law enforcement officer attempting to effect an arrest or prevent the escape from arrest.

Actually, this could be one of the few cases in which a PRIVATE CITIZEN might be justified in using deadly force to effect a citizen's arrest.

To effect a lawful arrest or prevent the escape from such arrest of a person who in fact:
(a) Has committed a crime involving the use or threatened use of deadly force, or is using a dangerous weapon in attempting to escape; and
(b) The private citizen has made reasonable efforts to advise the person that the citizen is a private citizen attempting to effect an arrest or prevent the escape from arrest and has reasonable grounds to believe the person is aware of this advice or the citizen reasonably believes that the person to be arrested otherwise knows that the citizen is a private citizen attempting to effect an arrest or prevent the escape from arrest.

[if the citizen uses the "magic words" first]

Virgil:

I recalled your earlier post, and went to the news story itself. Here's the story:

First, the NON quote

A single gunshot to the front of his torso mortally wounded Curtis, according to Brenda Kielty, a special assistant in the Maine Attorney General’s Office.

Then the words they actually attribute to Ms. Kielty:

“We have a cause of death — gunshot wound to the torso,” Keilty said. “I don’t have any more information to release at this time.”

Was the "front" an artifact of the reporter? Misinterpretation of a hand gesture used by Kielty? The quoted statement is accurate. The "front" part is not from the quoted language. I can think of how this might have happened, but it all points to the fact that it is better to wait for the investigation, than rely on the news reports about the investigation.

The story in the Bangor Daily News, today (7/13), now says:

......."Col. Robert Williams, chief of the Maine State Police, said Monday that Brown will return to active duty on Aug. 19. He said Brown violated a departmental policy, which prevents him from coming back sooner. Williams wouldn’t indicate what that policy was or if it relates to this case".......

So exactly WHAT policy did Brown violate....and did it have anything to do with the outcome?

It seems that chaos "ruled" this situation, which to some extent is understandable. I have talked to several LEO's in this area since this happened, and they all say "lack of adequate communication" (different radio frequencies) and "lack of understanding of just who was in charge" all contributed heavily to the outcome of this incident. Of course it all happened "bang, bang, bang" (no pun intended) so confusion would be understandable, and due to the fact that we are all looking at this with "hindsight" while those on the scene had to deal with the "here and now", I cannot see any other conclusion to this but the one the AG wrote.

One local LEO said to me in a conversation months ago, that, in a situation like this one, there is always a question of "who is in charge" and that he felt that if a town had a PD that they would nominally be in charge until the State Police get there, then they take charge. One can see how this must have been very confusing to most all the officers that day, as officers from several different departments, not all talking to one another well, were all on scene at the same time

We have to keep in mind also that the officers knew that the "armed perp", in the scene at the fairgrounds, had just totally blown away another person in about the most cold-blooded way one can imagine, so the perp did not create much "sympathy for himself" in the minds of the responding officers either! The sherrif was trying to end the situation in the way he thought best, at that moment, but unfortunately not all the other officers there knew his intentions.

I can see where the AG would rule this "justified", for a number of reasons, but I believe that the conduct of some of the people involved........admittedly in hindsight, is somewhat "questionable"! Hopefully some things may be learned from this that will affect the next situation like this one.

WC

Here's an aside.
Maybe if there hadn't been broadcast from a centralized dispatch fewer officers would have been there and local control would have beeb easier to establish!!!
Still unclear who called others to Dover?