West Lafayette PD PAS, Update

[Kirk Freeman]

Here is the latest on West Lafayette, Indiana's first police action shooting:

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Shooting review begins | jconline.com | Journal and Courier

Shooting review begins



By SOPHIA VORAVONG • svoravong@jconline.com • September 25, 2009

A panel made up of five members of the West Lafayette Police Department began meeting Thursday afternoon to discuss whether one of its officers was justified in shooting a criminal suspect.


Officer David Smith, an eight-year veteran, fired one round from his .40-caliber Glock duty weapon at Brandon "Bookie" Winters, 20, during a confrontation at Tapawingo Park.

The shooting took place minutes after an early-morning attempted armed robbery Sept. 17 on Wabash Heritage Trail, near the West Lafayette end of the John T. Myers Pedestrian Bridge.

It was West Lafayette's first police-action shooting.

"We will most likely meet through the weekend," said Capt. Chris Leroux, who is heading the shooting review board. "We do hope to finish sometime over the weekend."

Winters suffered injuries to his lower jaw. He has been at Methodist Hospital in Indianapolis since Sept. 17.
The Lafayette man is a suspect in the early-morning attempted armed robbery and two strong-arm robberies Sept. 16 in Lafayette and West Lafayette.

He was arrested on suspicion of attempted armed robbery, robbery, dealing cocaine and possession of cocaine. Winters is under police custody at Methodist.

Leroux said the shooting review board had been waiting for parallel -- but separate -- criminal and internal investigations into the incident to be completed. Both were concluded Thursday.
Members of that panel are Leroux, West Lafayette's operations commander; Mike Francis, captain of special services; Sgt. David Lord, a patrol shift commander; and patrol officers Mark Ridge and Travis Morgan.
The meetings are closed to the public and media.

'Summary discipline'
The shooting review board will look at whether Smith's action was within the department's use of force policy and Indiana law. It will then make recommendations to Chief Jason Dombkowski.
Indiana law allows police chiefs to hand down "summary discipline," which is unpaid suspension up to five days. Any discipline beyond that would be a matter for West Lafayette's Police Merit Commission, which is made up of civilians.

Tippecanoe County Prosecutor Pat Harrington said Thursday night that his office has received the West Lafayette criminal investigation and is looking at whether charges will be pursued against Winters.

But the investigation into allegations involving Winters is ongoing, said Sgt. Cindy Marion, a West Lafayette detective.
One still-unanswered question is whether Winters was armed with a handgun during the attempted armed robbery or the confrontation with Smith.

No more water searching

A firearm has not yet been recovered.

About 50 police officers and firefighters spent nearly nine hours Wednesday searching the nearby Wabash River, based on fresh footprints found shortly after the attempted robbery.

Additionally, in his 911 call, the victim reported that someone tried to shoot him on Wabash Heritage Trail.
But another water search will not take place, Lt. Gary Sparger said.

"We searched as much as could be done," he said. "We discussed it and decided that we will be not searching again."
Sparger said another ground search of Tapawingo Park and nearby areas could be held, but none had been scheduled as of Thursday afternoon.

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Today the Tippecanoe County Prosecuting Attorney filed Robbery, Theft and Dealing in Cocaine charges against Brandon "Bookie" Winters=>

Public Access - Docket List

As reported by the media here, case has many twists and wrinkles to it and is far from "clear cut." Far too early to comment, but I thought INGO members would be interested in this matter.

 

[alwalker84]

If they dont find a gun, the LEO might be in a little trouble imo.

 

[Kirk Freeman]

This is for academic purposes:

If they dont find a gun, the LEO might be in a little trouble imo.

Perhaps, but it depends.

Remember the standard is reasonable belief to the shooter.* Thus, if an individual makes a movement that in an objective view to the shooter seems like as if he were pulling a gun or knife in an aggressive manner, it would not matter if a gun is found or not.

*I am using "shooter" as one that shoots in alleged self-defence.

 

[Mgderf]

This is for academic purposes:



Perhaps, but it depends.

Remember the standard is reasonable belief to the shooter.* Thus, if an individual makes a movement that in an objective view to the shooter seems like as if he were pulling a gun or knife in an aggressive manner, it would not matter if a gun is found or not.

*I am using "shooter" as one that shoots in alleged self-defence.

I concur, not that that means ANYTHING, just my opinion.

I met Capt. Chris Leroux many years ago when he was a rookie patrol officer, and I was working at the Triple XXX restaurant in West Lafayette.

He is a good man, with a level head on his shoulders, or so was the case some 15 years back.

I am surprised by the fact that this is the WLPD's "first police action" shooting.

Rep's Kirk, for the story and the link.
Please keep us updated.

 

[Kirk Freeman]

I am surprised by the fact that this is the WLPD's "first police action" shooting.

Because there are a lot of shootings involved in hooking Seth and Jared for Public Intox at 3AM and giving Britney and Ashley Minor in a Tavern tickets?

I thought that's why LPD cops left and went to PUPD and WLPD because the change in . . . clientele. Schuizi always had great stories about LPD vs. PUPD.

Things may be changing in WL. I won't envy any cop's work. Too many jerks on this planet as it is; who wants to go out late at night and meet them while they are high or drunk?

 

[PeaShooter]

Schuizi always had great stories about LPD vs. PUPD.

You know Schuizi too? I bought one of my first pistols and several holsters from his shop back in the mid 90's.

 

[Kirk Freeman]

When it was downtown, right?

Yeah, I used to buy guns (those cheap militree surplus guns that came in in the mid-90s) and walk them back to the courthouse.

 

[Soundslikejosh]

Because there are a lot of shootings involved in hooking Seth and Jared for Public Intox at 3AM and giving Britney and Ashley Minor in a Tavern tickets?

I thought that's why LPD cops left and went to PUPD and WLPD because the change in . . . clientele. Schuizi always had great stories about LPD vs. PUPD.

Things may be changing in WL. I won't envy any cop's work. Too many jerks on this planet as it is; who wants to go out late at night and meet them while they are high or drunk?

You're right about Schuizi.... he sure can tell some stories.

 

[Bill of Rights]

for Schuizi. Good man.

 

[Mgderf]

Because there are a lot of shootings involved in hooking Seth and Jared for Public Intox at 3AM and giving Britney and Ashley Minor in a Tavern tickets?

I thought that's why LPD cops left and went to PUPD and WLPD because the change in . . . clientele. Schuizi always had great stories about LPD vs. PUPD.

Things may be changing in WL. I won't envy any cop's work. Too many jerks on this planet as it is; who wants to go out late at night and meet them while they are high or drunk?

I have a slightly different outlook on the goings on of the PUPD, and WLPD, at least during the dark hours.

I spent several years as a manager/cook of the Triple XXX restaurant in the middle of State Street in West Lafayette. My shift began at 10:00pm and ended at 6:00am. Nights off were Mon. and Tues.

I could tell you stories that would turn your stomach, make you laugh, want to throw the B.S. flag, and all this in the same story!

MOST incidents were as you described, and rather mundane.

West Lafayette does like to try to gloss over some of the more seedy goings on.

I have a great respect for most LE's in general, but I got to know too many on the WLPD, and PUPD during my stint with the Triple XXX due to actions that got WAY out of hand.

Just an FYI- Did you know that the Triple XXX restaurant was the FIRST drive-in restaurant in the state of Indiana. Opened in 1929 by Bert Wright, as a simple root-beer stand. It it now a GOLD-MINE, and has even been featured on the food channels series, "Diners, Drive-ins, and Dives".

Done with Thread-Jack

 

[KokomoDave]

I don't think there are too many cops,restauranteers,criminals or gun people that don't know Chris!

I almost bought his store when it was for sale!

 

[ryanbr]

I don't think there are too many cops,restauranteers,criminals or gun people that don't know Chris!

I almost bought his store when it was for sale!

You should have!

 

[alfahornet]

I have a slightly different outlook on the goings on of the PUPD, and WLPD, at least during the dark hours.

I could tell you stories that would turn your stomach, make you laugh, want to throw the B.S. flag, and all this in the same story!

MOST incidents were as you described, and rather mundane.

West Lafayette does like to try to gloss over some of the more seedy goings on.

I have a great respect for most LE's in general, but I got to know too many on the WLPD, and PUPD during my stint with the Triple XXX due to actions that got WAY out of hand.

I have live In W. Lafayette since 2002 and based on personal experience and having attended both the Purdue and WLPD citizen's PD academies, I can only say that I hold the PUPD in highest regard. They're not just campus police. Ok they are but they are also a very professional department. The officers I got to know were very professional, the department was extremely professional and both officers and department have always presented themselves very well as far as I can tell. I don't know personally of single incident a Purdue cop overstated. WLPD I have more mixed feelings. In part due to some incidents that have occured over the last couple years, where I personnally would judge officers didn't always handle them the best way (I am not a LEO, so this is a civilian judging.) Those are incidents I personally witnessed, learned about about friends as well as I read about in the news. I think WLPD is a competent police force but I hold PUPD and the sheriff's department in much higher regard.

Before somebody brings it up, this has nothing to do whether you can carry on campus or not. The administration makes that decision not the officers on the street or the department.

 

[g00n24]

I have a slightly different outlook on the goings on of the PUPD, and WLPD, at least during the dark hours.

I spent several years as a manager/cook of the Triple XXX restaurant in the middle of State Street in West Lafayette. My shift began at 10:00pm and ended at 6:00am. Nights off were Mon. and Tues.

I could tell you stories that would turn your stomach, make you laugh, want to throw the B.S. flag, and all this in the same story!

MOST incidents were as you described, and rather mundane.

West Lafayette does like to try to gloss over some of the more seedy goings on.

I have a great respect for most LE's in general, but I got to know too many on the WLPD, and PUPD during my stint with the Triple XXX due to actions that got WAY out of hand.

Just an FYI- Did you know that the Triple XXX restaurant was the FIRST drive-in restaurant in the state of Indiana. Opened in 1929 by Bert Wright, as a simple root-beer stand. It it now a GOLD-MINE, and has even been featured on the food channels series, "Diners, Drive-ins, and Dives".

Done with Thread-Jack

I too have had a few dealings with WL and purdue police over my undergrad years. I have to say the one time I could have actually been arrested, or given a ticket (nothing serious) they were quite lenient and I was treated well and let go, and another time when I knew I had broken no laws the officer that seemed to be running the show was a total jag-off and I went ahead and returned the attitude. From other stories Ive heard the police force there is fair considering it is a college campus, Im sure it can be quite taxing to deal with drunk idiots all the time.
I hope the shoot was justified for the officer, his family and the department. I lived right next to tapawingo park and have seen some less than desirable elements roaming around, never ran into any trouble thankfully.

 

[alfahornet]

WL Police officer cleared in shooting

Here the J&C article on it

Panel clears WL officer in shooting | jconline.com | Journal and Courier

 

[Kirk Freeman]

Smith also will not face any criminal charges, Tippecanoe County Prosecutor Pat Harrington said Monday. He said his office has thoroughly reviewed West Lafayette's investigation.

The Prosecuting Attorney declined to file any criminal charges against the officer.

Federal criminal charges are possible, but I speculate highly unlikely.

A civil suit against the city and officer is a possibility.

 

[alfahornet]

The Prosecuting Attorney declined to file any criminal charges against the officer.

Federal criminal charges are possible, but I speculate highly unlikely.

A civil suit against the city and officer is a possibility.

Federal charges on what grounds? I am curious, as I really don't know. I followed this story closely and I think the officer did what any other officer would have done in a similar situation. You get a call of an armed robbery with a gun, find the guy and then he makes an abrupt move on you, that you see as him possibly drawing a weapon on you. Personally I think the officer was justified in firing his pistol. I rather have an officer fiire his duty weapon.

Civil suit, Yes probably a likely possibility. Against city, pd, officer and so forth. And I feel sorry for the officer doing his job.

 

[Mgderf]

I just re-read my own post on this thread and feel I need to make a clarification.
I stated that, "I got to know too many on the WLPD and PUPD due to actions that got WAY out of hand".

This statement IS true, but needs to be qualified. I MEANT the "WAY out of hand" actions by the patrons of the Triple XXX (read drunken Purdue [and IU] students) and a handful of local yokels.

I did not ONCE, in 8 years time, see ANY actions by either police force that was anything but professional!

I DID see some harrowing incidents. ALL were dealt with as would be expected by an officer of the law. These men and women used tact and discretion on EVERY occasion that I was present.

I only WISH I could say the same for people they were required to deal with.

My experiences with both departments are some 10+ years removed now, but nothing other than professionalism in my experiences.

Sorry if there was ANY misunderstanding.

 

[Mgderf]

I have live In W. Lafayette since 2002 and based on personal experience and having attended both the Purdue and WLPD citizen's PD academies, I can only say that I hold the PUPD in highest regard. They're not just campus police. Ok they are but they are also a very professional department. The officers I got to know were very professional, the department was extremely professional and both officers and department have always presented themselves very well as far as I can tell. I don't know personally of single incident a Purdue cop overstated. WLPD I have more mixed feelings. In part due to some incidents that have occured over the last couple years, where I personnally would judge officers didn't always handle them the best way (I am not a LEO, so this is a civilian judging.) Those are incidents I personally witnessed, learned about about friends as well as I read about in the news. I think WLPD is a competent police force but I hold PUPD and the sheriff's department in much higher regard.

Before somebody brings it up, this has nothing to do whether you can carry on campus or not. The administration makes that decision not the officers on the street or the department.

Actually, you are correct! Purdue University Police must pass the Indiana State Police academy before they can become a Purdue officer!

 

[Kirk Freeman]

Alleged timeline for the PAS:

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WL shooting: minute by minute | jconline.com | Journal and Courier

The following is a timeline provided by the West Lafayette Police Department into the Sept. 17 shooting of Brandon "Bookie" Winters by Officer David Smith.

Smith's actions were cleared by a shooting review board and Chief Jason Dombkowski.
Police gathered the information from surveillance video at a Speedway gas station on State Street, 911 tapes, "scenario replay" digital recordings and computer aided dispatch sheets for emergency responders.

Police said Winters was with the following people that morning: Kristin Davis, DeMarquis Oden, Teresa Hearn and Antwon Milsap.

1:26:47 a.m.: Davis drives into the parking lot of Speedway gas station, 265 E. State St., and parks at the gas pumps. Four occupants exit the vehicle.

1:27:27 a.m.: Davis enters the front door of Speedway, followed by Oden.

1:27:33 a.m.: Hearn enters the front door.

1:27:33 a.m.: Deputies Drew Heath and Shane Howard of the Tippecanoe County Sheriff's Office enter the front door of Speedway.

1:29:14 a.m.: Oden exits the front door of Speedway.

1:29:32 a.m.: Oden walks back to the vehicle he arrived in. Brandon Winters is standing outside of vehicle.

1:29:44 a.m.: Winters walks northeast, exiting the Speedway parking lot and out of camera view. Oden follows Winters several steps behind.

1:30:45 a.m.: Davis exits front door of Speedway with Hearn right behind her.

1:31:12 a.m.: Davis and Hearn get into vehicle.

1:32:07 a.m.: Davis drives, leaving Speedway parking lot and out of camera view.

1:39:57 a.m.: Initial 911 hang-up call to the Tippecanoe County Sheriff's Office from attempted mugging victim. Standard procedure is that dispatchers call back a phone number when someone calls 911 and hangs up.

1:40:32 a.m.: Sheriff's dispatcher calls victim.

1:41:09 a.m.: Dispatchers send out a call to police officers to respond to the attempted armed robbery.

1:41:18 a.m.: Heath and Howard, the sheriff's deputies, leave Speedway.

1:42 a.m.: West Lafayette police Lt. Scott Fohr advises he has arrived on the scene of the attempted mugging near Wabash Landing.

1:42:26 a.m.: West Lafayette Officer Marsha Miller arrives.

1:42:34 a.m.: Officer David Smith arrives.

1:43:11 a.m.: Smith advises he is with a group of black males at Tapawingo Park.

1:43:42 a.m.: Smith advises he is in foot pursuit.

1:45:13 a.m.: Smith advises shot fired.

1:45:32 a.m.: Miller requests medical personnel/ambulance.

1:48:32 a.m.: Medical personnel/ambulance dispatched.

1:51:20 a.m.: Ambulance arrives.

1:58:08 a.m.: Ambulance en route to Home Hospital.

2:07:11 a.m.: Ambulance arrives at hospital.