jack warner

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critical incidents

I've long been bothered by the tendency of the media to fret and commiserate with the family and friends of a perp who, through his own meanness, recklessness or sheer stupidity, managed to get himself killed by police. There is never any concern for the officer. It's as though cops are natural-born killers by virtue of wearing the badge. They're not. I've seen officers weep when telling me about a shooting that transpired years ago. It is, as I believe Clint Eastwood once remarked, no small thing to kill a man.

I worked for weeks on this package, and it never would have come together if not for the assistance of then-Acting Chief Lewis Harper and Detective Michael Mines, who gave me access to everything surrounding a righteous shooting that took place in College Park.

shootout at the wafflehouse

    The man steps out of the darkness into the Waffle House, a pair of white pantyhose pulled over his head, wrapped into a ball and tied off on top.
    He looks like someone bound for a costume party dressed as a Vidalia onion. But in his right hand he's holding a black-and-silver pistol.
    "Oh, no," a woman whispers.
    "You know what this is," the man barks. "Give it up!"
    The restaurant falls deathly silent. The sizzle of the grill becomes a roar.
    It is 6:01 a.m. on Friday, June 4. The robber doesn't know it yet, but he has made a bad mistake, the next to last of his life.
    There's a cop in the back booth.

-------

    In College Park, police work 12-hour shifts, 6 to 6. It is hot and muggy on Bravo team's night watch, which began at 6 p.m. June 3 and ends officially at 6 the next morning. As a matter of courtesy, officers arrive to start a shift well ahead of time, so those getting off can deal with any leftover paperwork and still get away close to the right time. The dispatcher announces "All Bravo units, 35" --- return to the station --- around 5:50.
    Ballistic vests are no longer as heavy as they once were, but they are still terribly hot. Officer Derrick Shean, with no paperwork to catch up on that morning, gratefully takes off his shirt and puts it on a hanger in his extended-cab Ford Ranger pickup in the parking area beside the fire station. With the sharp rip of separating Velcro tabs, he loosens his vest, pulls it over his head and puts it on another hanger. Then he unstraps his duty belt and puts it on the passenger seat. He has just shed about 8 pounds.
    The black T-shirt is clammy on his back. Cranking up his truck, Shean is looking forward to doing a few chores around home and getting some sleep before coming back for the Saturday night watch.
    On Virginia Avenue, he pulls into the Waffle House parking lot. He had been there earlier in the morning, checking to make sure all was well, and had promised to stop for coffee on his way home.
    Shean, a stocky, muscular man of 28 who has always been a cop, gets out of his truck and pulls his matte black Glock .40-caliber pistol out of its holster. He sticks it in his pants at the small of his back.
    When Shean enters the Waffle House, he is greeted by the cook, Marc Parrish, several other employees used to seeing him and a couple of the regulars. Waitress Tracey Ransom hands him a cup of coffee. He takes it to a back booth and sits down facing the front of the restaurant.
    Davene Teller, a young woman who used to work there, comes back and sits across from Shean. Tammy Glenn, Parrish's girlfriend and a backup cook, pulls up a chair beside the booth. There are 13 people in the place.

--------

    At 6:01 a.m., Derrick Shean puts down the spoon with which he had been stirring his coffee and reaches around to scratch his back. He hears somebody gasp "Oh, no."
    Looking up, Shean sees the gunman standing in front of the cash register. He recognizes the pistol in his hand as a 9mm Ruger; the protrusion on the trigger guard is a laser sight, but it isn't on. The gun is waving from side to side and employees and patrons are staring at it as though it is an angry rattlesnake.
    "Give me the ------ money," the robber rasps, his voice muffled by the pantyhose. He is desperate. He has 66 cents in his pocket and an ATM receipt showing a bank balance of 75 cents.
    "Don't look at me!" he screams.
    Some of the customers lower their eyes and bow their heads.
    Shean drops his right hand from the itch on his back to the polymer grip of his Glock and slowly withdraws it, keeping it out of sight.
    The robber pays no attention. He is becoming agitated.
    He reaches out with his left arm and grabs a customer around the neck, yanking him off his stool at the counter with the Ruger pressing at the back of his head.
    The customer, known to everyone as Smiley, says nothing. Outside in the parking lot, his son is asleep in their truck.
    Very slowly, Shean slides out of the booth into a crouch, holding his gun with both hands, pointed at the floor. His attention is concentrated entirely on the robber and the area immediately around and behind the gunman.
    Shean has made up his mind. He will not let the gunman leave with a hostage. Shean has always worked hard on his marksmanship and gun-handling. He is calm and confident, running through possible scenarios. He is waiting for an opening, a distraction.
    "You don't gimme the money, I'm gonna kill this -----," the robber yells, backing away.   
    At any Waffle House, the grill man is in charge. Parrish locks eyes with Smiley briefly, then yells, "Just give him the money!"
    Ransom steps forward, hits a key on the register, yanks out the cash drawer and drops it on the counter.
    The robber marches Smiley back to the counter and pushes him aside. He grabs the black cash drawer, pulls it to his chest and backs toward the door. Coins clatter to the floor.
    "Don't nobody move!" he yells, his pistol waving from side to side.
    Shean has his opening. There is no one but the robber in his line of fire. He rises to his feet and his training takes over. He brings his left foot forward, his right arm outstretched with wrist and elbow locked, supporting arm bowed, sighting down his gun arm.
    "Police!" he screams.
    The distance is about 12 feet, and the little hollow circle on Shean's front sight is trained on the gunman's chest. His hands are steady. He doesn't hear the commotion of people screaming and diving for cover.
    Only Parrish remains standing. He wants to hit the floor but his legs won't obey.
    The robber makes his last mistake. Instead of dropping his pistol, he swings it toward Shean.
    Shean squeezes through the 5 pounds of pressure necessary to break the Glock's trigger. The report is deafening. Less than two seconds have passed since he got to his feet.
    Police are trained not to shoot to kill, but to stop. Once they open fire, they will continue to fire until the threat is gone.  Shean needs to take down the gunman without letting him get off a shot. A dozen terrified bystanders are at risk. The cop continues pulling the trigger, bringing the front sight back on target after each report.
    He fires eight times, until the target drops below his sights. At least six of the bullets find their mark. Some pierce the cash drawer the man is clutching. It crashes to the floor. The robber is backing through the door. Glass shatters all around him as one bullet after another finds its mark.
    One round grazes his right chin, strikes his neck and pierces his voice box. Another, its momentum almost stopped by something, perhaps the door frame, barely penetrates the soft tissue of his abdomen. One strikes the right side of his chest, cracks a rib, tears through his right lung and strikes another rib.
    A bullet hits his right chest, slides between ribs, pierces his right lung, rips open his heart and punctures his left lung. His lungs collapse. He cannot breathe. His heart is pumping blood into his chest cavity.
    Flying glass rakes his right arm and another bullet hits the back of his gun hand, in the web between thumb and forefinger, and exits at the base of his thumb. The same slug may have left a graze on his side.
    He turns, falling, and a bullet pierces his left upper back, striking two ribs.
    "Get down!" Shean yells. "Everybody down." He can't see the gunman, and more importantly, he can't see the Ruger. He approaches the shattered wall of the vestibule and sees the robber, lying on his right side, soaked with blood, motionless. His hands are empty. The Ruger is behind him, unfired. Shean, his own weapon still at the ready, kicks it away.
    "Call 911!" He yells, not taking his eyes off the gunman. "Tell them Signal 63, Officer Shean." Signal 63, probably the most universal police code, means "officer needs help." It is used only in the gravest situations.
    It is 6:02 a.m. Sirens wail in the distance. In the stunned silence inside the Waffle House, the gunman --- later identified as Jonathan Bartley --- dies. -- Atlanta Journal-Constitution, Sunday, 08/22/99

"it's no small thing to kill a man"

    Until the night he killed a man who attacked him with a knife, Salvatore Glibbery was one of New York's finest, a decorated officer with a clear past and a bright future.
    But that grim night four days after Christmas 1987 sent Sal Glibbery into an emotional hell that ended last month, when he was found dead in his car, a suicide.
    Glibbery and his partner, both white New York uniform officers, shot and killed a black man who attacked them with a knife.
    The Rev. Al Sharpton led a racial hue-and-cry over the killing. The police commissioner at the time said publicly that the officers should have shown "more prudence." A grand jury absolved them of any wrongdoing, and Glibbery's partner is still working. But legal exoneration did Glibbery no good.
    The police union helped him get a desk job, but in 1994 he was returned, terrified, to the streets.
    "On the way to work, in tears, he would sometimes close his eyes while driving, testing how long he could go without opening them," a police psychologist wrote. "He hoped to hit a pole, but would open them after a few seconds, worried about the possibility of hitting a family instead of killing himself."
    During one police call, he froze, trancelike, with his pistol drawn. He lasted eight weeks on the street before seeking a disability retirement
    "I'm nothing anymore," he told his father.
    Despite the macho image that law enforcement officers still cultivate, most will readily agree that taking a life can have emotional repercussions even under the best of circumstances. After psychiatrists studying VietnamWar veterans identified Post-Traumatic Stress Syndrome, police agencies began setting in place procedures to deal with the emotional backlash of shootings and similar traumatic experiences, which they call Critical Incidents.

'What did I do wrong?'

    In College Park, that meant that on June 4, when off-duty College Park police Officer Derrick Shean shot and killed an armed robber in a Waffle House restaurant, acting Chief Lewis Harper was on his way to the Waffle House shooting scene within minutes. Harper was not there to investigate, but to be with Shean.
    Many smaller Georgia agencies bring in the GBI to investigate their police shootings, but the state agency's investigations can take several months.
    The investigation of Shean's shooting was the first to be handled by a team of officers from the south Fulton municipal agencies and the district Attorney's office. Harper was instrumental in forming the southside team after his department's last fatal shooting two years ago. Harper was assistant chief then and watched helplessly while Officer Robert Bovell was relegated to desk duty for six months, until the district attorney's office sent word it would not prosecute him in the straightforward shooting.
    Bovell remains bitter about that. "After four months, it got to where I was in tears every day," he said. "Everybody was telling me what I wanted to hear. Nobody was telling me the truth. I kept thinking, 'What did I do wrong?' "

New gun eases anxiety

    There is little formal training in Georgia to prepare an officer psychologically for a deadly force situation or its aftermath.
    One of the few experts specializing in the field is Dave Grossman, a retired Army officer and psychologist and author of the seminal study "On Killing." According to Grossman, the degree of affirmation an officer receives from his supervisors, his peers, the public and the media after a shooting is critical. And according to the experience of longtime officers and the judgment of psychologists, the longer a good officer remains on the shelf after a shooting, the more damaging it is to him.
    In that respect, Shean's experience was much different than Bovell's.
                                  "Everybody was very supportive," Shean said. "Chief Harper was with me every step of the way, telling me what to expect."   A sergeant took Shean's gun for routine tests and gave him a temporary replacement. That simple act, Grossman said, was significant. "It used to be that they just took an officer's gun and left him feeling naked. Giving him a replacement on the spot," Grossman said, is a gesture of affirmation more potent than any words.
    After making his formal statement, Shean was sent home. Early the following week, he attended a mandatory session with a city-appointed psychologist. Exactly one week after the shooting, Derrick Shean was back on patrol. He'd missed only two shifts.
    He insists that he had none of the usual reality-altering experiences during the shooting and none of the expected after-effects. "It's unfortunate that I had to take a life," he said, "but that's what I'm trained for. Nobody knows how you're going to react until it's done. As long as God's OK with it, and I'm sure he is, then I'm OK."

Nightmares replay scene

    Nancy Harvey, who counsels Atlanta police and firefighters as part of the city's Bureau of Employee Assistance Services, said there are always symptoms of stress after a Critical Incident.
    "If they say they don't have any, I see that as a symptom, too, the machismo thing," she said.
    Grossman, however, said the keys to dealing with any emotional by-products of a shooting are "rationalization and acceptance" of the event.
    "If you spend enough time preparing yourself mentally for the possibility of deadly force, then you may have done the rationalization and acceptance ahead of time," he said.
    Harvey and Grossman said the fact that Shean had precious seconds to decide his course of action and picked his own moment to act likely eased his reactions. Additionally, Shean never saw the face of the man he killed until much later, when he reviewed crime scene photos. This depersonalizes the incident and helps to minimize the effect of the shooting on an officer.
    Fulton County Officer Greg Shelton, 28, didn't have those advantages. In April 1996, when he had been patrolling on his own for only a few months, he answered a domestic call on Butner Road.
    Shelton and his backup, a more experienced officer who has since retired, were confronted by a man marching a woman out on the lawn with his left hand gripping her hair. His right hand was behind his back.
    "We were 10 or 12 feet away from them when he brought up his right hand with a little .32 pistol, put it to the back of the woman's head and fired twice," Shelton recalled. "She crumpled."
    Both officers were screaming at the man to drop the gun but he raised it toward them.
    The full effects of a phenomenon called tachypsyche, a product of grossly elevated heart rate and the primitive "fight or flight" reflex, welled up in Shelton.
    Time slowed to a crawl. His vision narrowed to a tunnel just big enough to encompass the gunman. As if he was only a witness, he watched his 9 mm Beretta come up to point of aim. He saw flash after flash bloom slowly from the muzzle, but heard nothing. He has no recollection of consciously drawing his weapon or firing.
    Hit numerous times, the man went down. When the shooting stopped, Shelton realized he had moved 20 feet to cover behind his car. He couldn't remember moving at all.
    The gunman survived. More amazingly, so did the woman.
    Fulton County sent Shelton to two counseling sessions. "It was the first time I was able to get it all out," he said. "Also, it prepared me for what came later."
     What came later were nightmares. "I would replay the entire shooting just as it happened, right up to the point of shooting," he said. "In the nightmares, though, my gun wouldn't fire."
    The nightmares ended after a time, and Shelton said he has had no further symptoms.

Problems come later

    A counselor is called immediately when Atlanta officers are involved in Critical Incidents. When she is on call, Harvey said, she is on hand when they make their formal statement, and spends a little time alone with them at that point.
    "You don't see much right away," she said. "They articulate pretty well. They're very quiet, very calm and subdued. They may be a little anxious over what will happen to them.
    "Then, after some time has elapsed, a matter of days, they may say they haven't been able to sleep too well, or they can't eat, or they just aren't coping as well. They may be having flashbacks."
    When she sees an officer for mandatory counseling after a killing, Harvey said, she always tells him or her that "when you come back on duty, I want to do a shift with you." She rides a full shift with the officer, giving him a chance to talk further with her --- and to make it clear that she cares.
    Harvey said not all of her cases involve counseling an officer who had to kill.
    A week after the killing of an Atlanta officer, "I got a call from a precinct commander. An officer who was with him when he was shot, had broken down in the office." Harvey said it was delayed stress reaction due to intense grief, and counseling and time off helped the officer get back to normal.
    Grossman said positive reinforcement was a strong factor in Shean's favor. A few days after the shooting, the College Park City Council proclaimed him an official hero.
    Shean insisted he was unimpressed. "I was just doing my job. I couldn't let a criminal of this nature walk away. It wasn't like he was a shoplifter."
    The resolution proclaiming Shean a hero, however, embittered Bovell even further. Bovell shot and killed an armed robber who tried to escape out the back door of an Old National Highway restaurant. It was a simple shooting: Bovell told the man to drop his weapon, the man raised it toward Bovell, and died.
    Bovell, who is black, said he feels the lack of official recognition in his case was "a racial thing."
    Bovell said that after the shooting, he replayed the scene "frame by frame" in nightmares that woke him in a cold sweat. They went away eventually, he said, and while he has not been faced with another possible deadly force incident, he is certain he can handle it.
    Shean believes he can, too. "If I've got to do it again tonight, I'll do it," he said.  -- Atlanta Journal-Constitution, Aug. 22, 1999

crime and punishment

critical incidents    hounded    metro fugitive squad    on the lam     

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