Police: Officer Fired 41 Times at Fatally Shot Chase Suspect
Officer faces internal affairs, criminal investigations in shooting
Two separate investigations are looking at the actions of a Garland police officer during a police chase that ended with the shooting death of a suspect last month.
Garland police said Tuesday that the officer, Patrick Tuter, fired at Michael Vincent Allen 41 times. There is no evidence that Allen ever tried to assault the officer or returned fire, police said.
Allen, 25, of Wylie, was shot and killed Aug. 31 after a high-speed chase that began in Garland and ended in Mesquite. He was wanted on suspicion of eluding police in Sasche a few days earlier.
At the time of the shooting, investigators said the officer shot Allen after he rammed his pickup truck into the officer's cruiser. But dashboard camera video from the officer's patrol car shows that the officer rammed into Allen's truck and fired 41 shots at Allen, reloading his weapon twice, police said Tuesday.
"When we counted everything in the investigation, we found that our officer -- one officer -- fired at least 41 shots," Garland police spokesman Officer Joe Harn said.
The officer has been placed on restricted duty and his service-issued weapons have been confiscated.
Harn said the number of shots fired is a concern.
"As we continue to go through the investigation [and] talk to everybody that was involved, something may come forward that we say, 'This is all justified,' however, this is a concern of ours," Harn said. "That's why we're putting it out, because of the number of times that we found that the officer fired."
There is also no record of any other officers firing their weapons during the chase.
The Mesquite Police Department is conducting a criminal investigation of the officer's actions and will turn over its findings to the Dallas County District Attorney's Office for review.
The case could possibly go to a grand jury, which can recommend whether criminal charges in the case are warranted.
In addition, Garland police's Internal Affairs Division is looking into whether the officer violated any police procedures during the chase and shooting.
Harn said it is entirely possible that the officer in question did nothing wrong criminally but may have violated department policy.
Garland police said they released the information about the chase and shooting to be transparent as the agency continues its internal probe.
"First of all, we hope and we want the public to know that we're going to do our thing," Harn said. "We're going to do our investigation correctly. We could sit on this and try to hide it, but we're not -- we're going to do a good and complete, thorough investigation."
Both departments' investigations are described as ongoing.
Linky: http://www.nbcdfw.com/news/local/Police ... 87236.html
It gets better of course.......
Cell phone evidence in fatal incident allegedly erased by Texas police
Cops in Dallas suburb of Mesquite confiscate phone, delete photos and videos.
by Timothy B. Lee - Sept 12 2012, 3:40pm MDT
Just after midnight on August 31, Mitchell Wallace was awakened from his home in the Dallas suburb of Mesquite by the sound of gunshots. He heard dozens of rounds being fired and emerged from his house in time to see a police dog bite 25-year-old Michael Vincent Allen in the neck and drag him from his truck. Allen had just led police on a high-speed car chase, and would die from his wounds.
The Dallas Morning News reports (hat tip to Carlos Miller) that after the shooting subsided, Wallace took out his cell phone and began taking photos and videos of the carnage. But the police evidently didn't appreciate the scrutiny. Wallace says the Mesquite police confiscated the phone, deleted the photos and videos, and didn't return the device for four days.
That's a shame, because there are significant unanswered questions about the incident. The police say that officer Patrick Tuter fired his weapon 41 times. The department is conducting an investigation to determine whether the incident was handled properly. While Wallace didn't get video of the shootings themselves, his photos and videos could still have provided crucial evidence corroborating or refuting Tuter's account of the encounter.
Moreover, many observers believe that it's illegal for the police to confiscate a cell phone and delete photos and videos from it. Indeed, the Obama administration took that position earlier this year in a Baltimore case, arguing that the Baltimore police violated a man's First and Fourth Amendment rights when they confiscated his phone and deleted photos and video from it. He's now involved in a bitter lawsuit with the BPD. The police chief in Washington, DC, was forced to adopt an official policy prohibiting officers from interfering with amateur photography under pressure from an ACLU lawsuit, but that pressure has not yet extended to police forces around the country.
Linky: http://arstechnica.com/tech-policy/2012 ... as-police/
This must be another one them 0.1 bad cop/shithead. Meh, he'll probably just get a suspension with pay and will have to spend some mandatory shooting time at the range, for retraining you know(one shot one kill). 41 fucking times, sheesh, don't them officers know that ammo are expensive nowadays.