Over the years, many have requested that we host a virtual event. Well, those requests are now a reality!

In just a few short weeks a group of MurderCon’s top law enforcement and forensics experts will arrive in homes around the world (virtually) to teach LIVE online classes, such as Fingerprints, Chemical Processing of Prints, Presumptive Blood/DNA, Blood Spatter, Footwear Evidence, Lifting Footwear, Homicide Investigations, Murder Case Studies, Toxicology, Forensic Geology, and Entomology to name a few. Each session features Q&A time with the instructors. There are also a couple of surprises in store for attendees..

This is an extremely rare opportunity, and presenting this material in such intricate detail is not something that’s previously been available outside the walls of police and forensics training academies and facilities. Once again, we’re making it possible for you to attend sessions that are typically for law enforcement eyes only. This is the same material that’s taught to top investigators.

As you know, sadly, we were forced to cancel the in-person MurderCon due to COVID restrictions in North Carolina.

We made the difficult decision to cancel late Wednesday evening after receiving notice N.C. would not be moving to Phase 3 on June 26 as planned. So we shifted into high gear and Thursday morning we held the first meeting about developing a virtual event. We’ve since developed classes, format, retained instructors, platform, schedule, and more. The entire MurderCon website  and registration system will need to be retooled from the ground up.

Then comes a brief period of advertising leading up to the opening of registration for this very special virtual event, hopefully on July 6, 2020. We’re optimistic.

But, to make this work we need your help. You are our best means of advertisement. So please, please please, share this exciting news with your friends, family, on social media, your websites, to your writers groups, agents, publishers, and more. Shout it from the rooftops! I. Need. Your. Help!

As always, thanks so much for your continued support.

Lee Lofland

*Due to format and programming restrictions, space is limited. First-come, first-served.

Registered MurderCon attendees will receive an important announcement via email sometime Friday afternoon EST, June 26, 2020, or on Saturday June 27. So please check your inbox and spam mail. In addition, I’ll post the details here and on my Facebook pages.

Also, we have another exciting surprise in store for everyone, including the people who wanted to attend this fabulous event but for some reason couldn’t make it this year or in years past. As it’s been said, OMG, this is big! Lots of behind the scenes activity today with Sirchie, David Baldacci’s office, and here at Writers’ Police Academy headquarters. Busy, busy, busy.

I’ve been doing the “help writers get it right” for a long, long time, and during all those years I’ve seen a ton of questions and discussions that would buckle the knees of the even the most seasoned detectives and coroners.

Some of the questions I see from writers are out there. I mean WAAAAYYY out there, and that can be a good thing … or a bad thing. It depends.

I know, it’s tough to come up with new material, ideas, and ways to keep readers interested, but you do it and you do it day-in and day-out, and you do what you do extremely well. I can say this with confidence because I read your books.

But that’s not the point of this post. Instead, I want to remind everyone that you’re writing fiction, which means you’re legally authorized by Chapter 18 Section 12 of Imaginary Law to make up stuff. Really, it’s true. Every single state and country has this law in place. Google it (wink).

Most of you turn to experts who provide factual information as responses to your questions, and those responses typically fact-based and not opinion. Their information is based on their knowledge and real-life on the job experiences. It’s up to you to transpose, mold, and shape those facts into a fictional story that’s believable. Doesn’t have to be true, just believable make-believe, even if just for a few moments, in the mind of the reader.

If you want your hero’s revolver to have the capability of firing 75 rounds while simultaneously ejecting each spent round, then so be it. But you’ve got to show why such a gun is “reality” in your story because readers know that in the real world a cylinder of that capacity would be the size of a dinner plate. Imagine, too, the size of the holster that would also need an explanation.

Or, you insist upon having the odor of cordite spilling from every single page of your book. Well, you know that’s not possible unless you’re writing historical fiction. However, suppose your villain stumbled across a perfectly preserved crate of cordite-stuffed ammunition left over from WWII? That would work, right? Easy explanation.

If you, during your fictional meanderings, absolutely must have the FBI solve every single murder, rape, robbery, trespassing, and Peeping Tom case that occurs in the country, then you’ll again need to find a means to explain why, because we all know the FBI does not work local murder cases. It’s just not what they do. Nor do they work all kidnapping cases.

But this is an easy fix. Have the small town local cops ring up the nearest FBI field office and ask for help. Remember, though, you’d need to have an explanation as to why the county sheriff or state police wouldn’t/couldn’t help, because that’s the typical route taken when assistance is needed. Rarely do locals call on the FBI for local stuff. But you’re the master of dreams and ideas and wacky notions, so coming up with reasons why things happen the way they do in your mind is what you do best.

So please do feel free to use your imaginations to write your fictional concoctions. However, if you’re going for accuracy stick to what the experts tell you. And please, whatever you do, don’t argue with a professional when the facts they provide don’t fit with what you wanted to happen in your story. Asking the same question over and over again, hoping they’ll finally say what you want them to say, is not going to change the facts.

Simply take the information provided and make it fit into the tale. If that doesn’t work figure a way to show why it didn’t.

If readers wanted a strictly factual accounting of a story they’d read the news or pick up a true crime book.

Okay, maybe reading the news was a bad example of factual information, but you know what I meant.

So, by the power granted to you by Chapter 18 Section 12 of Imaginary Law, have at it!

 

The recent officer-involved shooting of Rayshard Brooks by Atlanta police officer Garrett Rolfe has ignited another flame in the fervent calls against police brutality and reform.

At the heart of the situation is the use of the well-known electric control device (ECD) known as TASER.

It was during the arrest of Mr. Brooks for DUI when he decided to escape custody by struggling with the two officers at the scene, Garrett Rolfe and Devin Brosnan. During Brooks’ violent attempt to flee, he and the two officers fell to the ground where the struggle continued. Brooks was able to overpower the officers and even punched one of the officers in the face.

Brosnan, who was the first officer to respond, attempted to use a TASER on Brooks in an attempt to gain control. This was a justifiable action by Bronson, to use a level of force that was necessary to overcome Brooks’ physical resistance to arrest. But Brooks gained control of Brosnan’s TASER, taking it from him before fleeing on foot.

How much force is reasonable?

Law enforcement officers should use only the amount of force necessary to gain control of an incident, to make an arrest, or protect themselves or others from injury. But they should always use the amount of force necessary to make the arrest. Nothing more and nothing less. In most cases, though, this amounts to nothing more than an officer asking or telling a subject to place their hands behind their back for handcuffing.

The levels of force police use include basic verbal commands, physical restraint which sometimes involve pain compliance techniques/tactics, TASERS, pepper spray, beanbag rounds, pepper spray, batons, etc. And lastly, lethal force when there’s threat of death or serious bodily harm to the officers or others.

Was the Rayshard Brooks incident similar to that of George Floyd?

The Brooks incident was wholly different than what occurred in the George Floyd case. We saw no resistance from Floyd during the time Chauvin and  other officers applied pressure to his body, slowly draining the life from Floyd as the world watched precious seconds tick by.

In the Atlanta case, Brooks absolutely physically resisted a lawful arrest, assaulted an officer, and then forcibly took/stole Bronson’s TASER, and fled. Then, during a brief foot pursuit Brooks turned slightly toward Officer Garrett Rolfe and pointed and fired the stolen TASER at the officer.

A Deadly Weapon?

There’s a debate about whether or not a TASER is a deadly weapon and, if not, was the officer justified in shooting Brooks. On the other hand, if a TASER is indeed a deadly weapon as some are saying, then obviously the use of deadly force against Brooks, or anyone, fits the criteria and is justified.

Earlier this month, Fulton County, Georgia  District Attorney Paul Howard charged six Atlanta police officers with using excessive force in pulling two college students out of a car during a protest. When announcing charges against some of the officers, Howard said a Taser is considered a deadly weapon under Georgia law. Here he is, on video, making the statement during a press conference earlier this month. He made the statement when announcing that he was charging police officers with using excessive force when using  a TASER while arresting college students during a protest.

However, in the Brooks case, just a few days after incident with the college students, DA Howard had apparently decided that a TASER is not a deadly weapon when it is forcibly stolen from a police officer and then deployed against another police officer. He charged Rolfe with felony murder.

By the way, to take something from someone by force or intimidation is considered robbery, a felony.

Either way, there’s a wrinkle in the case and that’s that Officer Rolfe shot Brooks in the back. But there are details that are extremely important. Such as …

The incident was caught on video and we clearly see Rolfe chasing behind Brooks. Each of the two men are clutching a TASER in their right hands. Keep in mind that this all occurred within mere seconds.

While fleeing from the officers, with the stolen TASER in his right hand, Brooks turned/twisted his upper body slightly to his right, looking back over his shoulder toward Rolfe. He aimed the TASER at Rolfe as a portion of his back is visible to Rolfe. His hips and legs still faced forward and he’s still running away from the officers.

Still running away from the officers, with Rolfe in somewhat close pursuit, Brooks fired the TASER at Rolfe. As the weapon was deployed it emitted a brilliant flash of light that’s quite similar to a muzzle flash of a handgun that can be clearly seen, especially so at night. It’s similar to a camera flash that hinders vision for a moment or two. It’s a quick burst of bright light.

 

After discharging the TASER Brooks continued his escape from custody.

 

At the time Brooks fired the TASER setting off the flash of bright light, Rolfe tossed his TASER and drew his service weapon. He then fired three rounds at Brooks.

Many say that shooting someone in the back is illegal. Well, it depends on the circumstances and, in a nutshell, it boils down to whether the officer reasonably believed at the point he pulled the trigger, that the use of deadly force was needed in order to prevent great bodily injury to himself or to others. Not a second before the trigger is pulled, but at that precise moment.

In that precise moment when an officer must make the “blink of an eye” decision as to whether or not someone’s life is in danger, including their own, if they should return fire, are there bystanders, is a dangerous criminal going to escape and go on to harm someone else, is the fleeing subject wanted for a serious offense (why else would they have assaulted two officers and then fled the scene), and, and, what-if, what-if. This, all within the blink of an eye.

Remember, a police officer’s quickest reaction time (based on a study of 46 trained officers), when they already know the threat is there, AND, with their finger already on the trigger, is 0.365 seconds. That’s certainly not enough time to take aim, yell a bunch of commands, check for passersby, look for accomplices, and, well, you get the idea.

To add to the zillion thoughts to process, this is what the officer sees and to what they must react. You tell me, is this fleeing person firing a handgun or a TASER? The flash from either could easily prevent any reasonable person from taking the distinction, especially during a highly stressful situation. It’s even more difficult to process when the incident occurs at night.

And, the image above clearly shows how and why sometimes fleeing criminals wind up with bullet wounds to the back.


For your information, and to help you better understand the charges brought against the former officers involved in the shooting death of Rayshard Brooks, here are a few applicable Georgia criminal code sections.

Actually, I’m not at all certain that Georgia law supports the charges.

Officer Rolfe was charged with felony murder for shooting Brooks. This is a crime where the deliberate intention to kill must be present. Or, if the person is actively involved in the commission of felony when a person is killed, such as when a bank robber accidentally fires a weapon inside the bank and the round strikes a teller and he dies. That’s felony murder. Plotting to kill someone and you do. That’s felony murder. Beating an elderly woman to death because she wouldn’t smile at you. That’s felony murder.

This case doesn’t meet those requirements. The DA may have slightly overcharged. Perhaps he should have waited until the investigation had concluded and perhaps he should have consulted with the state investigators before charging Rolfe and Bronson. That’s typically how it works.

In Georgia, felony murder is:

ARTICLE 1 – HOMICIDE
§ 16-5-1 – Murder; felony murder

O.C.G.A. 16-5-1 (2010)
16-5-1. Murder; felony murder

(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.

(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.


Georgia Code Title 16. Crimes and Offenses § 16-10-33

(a) For the purposes of this Code section, the term “firearm” shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

(b) It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:

(1) The other person is lawfully acting within the course and scope of employment;  and

(2) The person has knowledge or reason to know that the other person is employed as:

(A) A peace officer as defined in paragraph (8) of Code Section 35-8-2 ;


Georgia Code Title 16. Crimes and Offenses § 16-11-106

(a) For the purposes of this Code section, the term “firearm” shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

(b) Any person who shall have on or within arm’s reach of his or her person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:

(1) Any crime against or involving the person of another;

(2) The unlawful entry into a building or vehicle;

(3) A theft from a building or theft of a vehicle;

(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance or marijuana as provided in Code Section 16-13-30 , any counterfeit substance as defined in Code Section 16-13-21 , or any noncontrolled substance as provided in Code Section 16-13-30.1 ; or

(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31 ,

and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received.

(c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by confinement for a period of ten years. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.

(d) The punishment prescribed for the violation of subsections (b) and (c) of this Code section shall not be reducible to misdemeanor punishment as is provided by Code Section 17-10-5 .

(e) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.


Is a TASER deadly?

In 2019, Reuters reported documenting at least 1,081 U.S. deaths involving TASER use by police. These deaths occurred since police began routinely using the electronics control devices in the early 2000s.

In 2009, these people died as a result of TASER deployment by police. Many had underlying health conditions and/or drug use/abuse that contributed to their deaths.

1. Jan 9, 2009: Derrick Jones, 17

Martinsville, Virginia

Initial complaint – Police were called to Jones’ home because of a loud noise complaint from neighbors. Jones died in his home after being shot with a police Taser.

2. Jan 11, 2009: Rodolfo Lepe, 31

Bakersfield, California

Initial complaint – Family members called police because Rodolfo was exhibiting odd and bizarre behavior. Lepe died at the hospital after being shot with a police Taser.

3. Jan 22, 2009: Roger Redden, 52

Soddy Daisy, Tennessee

Initial complaint – unknown

4. Feb 2, 2009: Garrett Jones, 45

Stockton, California

Initial complaint – unknown

5. Feb 11, 2009: Richard Lua, 28

San Jose, California

Initial complaint – unknown

6. Feb 13, 2009: Rudolph Byrd, 37

Thomasville, Georgia

Initial complaint – Byrd had been in an auto accident and was disoriented. He was also bleeding from several lacerations. The responding police officer found cocaine at the scene and attempted to arrest Byrd, who then became combative. The officer deployed his Taser, attempting to stop the threat. Byrd stopped breathing and was pronounced dead at the hospital.

7. Feb 13, 2009: Michael Jones, 43

Iberia, Louisiana

Unknown

8. Feb 14, 2009: Chenard Kierre Winfield, 32

Los Angeles, California

Unknown

9. Feb 28, 2009: Robert Lee Welch, 40

Conroe, Texas

Unknown

10. Mar 22, 2009: Brett Elder, 15

Bay City, Michigan

Unknown

11. Mar 26, 2009: Marcus D. Moore, 40

Freeport, Illinois

Moore, a wanted fugitive, fought with police when they attempted to apprehend him. Officers deployed their Tasers to help effect the arrest and Moore soon began to complain of shortness of breath. He was pronounced dead upon arrival at the hospital.

12. Apr 1, 2009: John J. Meier Jr., 48

Tamarac, Florida

Unknown

13. Apr 6, 2009: Ricardo Varela, 41

Fresno, California

Unknown

14. Apr 10, 2009: Robert Mitchell, 16

Detroit, Michigan

Mitchell, who weighed 110 pounds and stood 5’2″ tall at the time of arrest, was in custody and undergoing a pat down search by police when a struggle began. The officer deployed his Taser and the boy died. Autopsy results revealed the boy had a heart condition that, when aggravated by the Taser blast, caused the death.

15. Apr 13, 2009: Craig Prescott, 38

Modesto, California

Prescott, a jail inmate, struggled with deputies who deployed Tasers. The coroner ruled that it was the physical exertion from the struggle that killed Prescott, not the Taser.

16. Apr 16, 2009: Gary A. Decker,

Tuscon, Arizona

Initial complaint – loud noise

17. Apr 18, 2009: Michael Jacobs Jr., 24

Fort Worth, Texas

Initial complaint – Parents called police to assist with controlling their mentally impaired son.

18. Apr 30, 2009: Kevin LaDay, 35

Lumberton, Texas

Initial complaint – DUI traffic stop. LaDay ran and was shot with a Taser.

19. May 4, 2009: Gilbert Tafoya, 53

Holbrook, Arizona

Unknown

20. May 17, 2009: Jamaal Valentine, 27

La Marque, Texas

Police found Valentine rolling in a ditch. They deployed their Tasers and the subject died. Autopsy revealed a controlled substance in Valentine’s system.

21. May 23, 2009: Gregory Rold, 37

Salem, Oregon

Initial complaint – trespassing.

22. Jun 9, 2009: Brian Cardall, 32

Hurricane, Utah

Cardell’s wife called 911 asking for help with her husband who was experiencing a psychotic episode. Cardell was being treated and medicated for his condition. Here’s the wife’s 911 call.

This is actual police audio from the scene. It begins with the officer saying, “I’m 23…” That’s short for 10-23, meaning he has arrived on the scene. Listen as he fires his Taser at the man who is clearly distraught. Then you’ll hear the officers begin to notice that the man is not breathing and has no pulse.

23. Jun 13, 2009: Dwight Madison, 48

Bel Air, Maryland

Initial complaint – Homeless man knocking on doors looking for a friend.

24. Jun 20, 2009 Derrek Kairney, 36

South Windsor, Connecticut

Unknown

25. Jun 30, 2009, Shawn Iinuma, 37

Fontana, California

Unknown

26. Jul 2, 2009, Rory McKenzie, 25

Bakersfield, California

Unknown

27. Jul 20, 2009, Charles Anthony Torrence, 35

Simi Valley, California

Unknown

28. Jul 30, 2009, Johnathan Michael Nelson, 27

Riverside County, California

Unknown

29. Aug 9, 2009, Terrace Clifton Smith, 52

Moreno Valley, California

Unknown

30. Aug 12, 2009, Ernest Ridlehuber, 53

Greenville, South Carolina

Initial complaint – Ridlehuber’s family reported him as a missing person.

31. Aug 14, 2009, Hakim Jackson, 31

Philadelphia, Pennsylvania

Unknown

32. Aug 18, 2009, Ronald Eugene Cobbs, 38

Greensboro, North Carolina

Scuffle with deputies inside the local jail.

33. Aug 20, 2009, Francisco Sesate, 36

Mesa, Arizona

Unknown

34. Aug 22, 2009, T.J. Nance, 37

Arizona City, Arizona

Unknown

35. Aug 26, 2009, Miguel Molina, 27

Los Angeles, California

Unknown

36. Aug 27, 2009, Manuel Dante Dent, 27

Modesto, California

Dent swallowed a bag of methamphetamine to prevent police officers from retrieving it as evidence. An officer then placed a Taser in direct contact with Dent’s skin and fired. Dent died hours later, but autopsy results indicated that the meth he’d ingested was the cause of death, not the Taser blast.

37. Sep 3, 2009, Shane Ledbetter, 38

Aurora, Colorado

38. Sep 16, 2009, Alton Warren Ham, 45

Modesto, California

Initial complaint – Home invasion/robbery. Ham became combative with jailers so they used a Taser to get him under control. He died immediately after being shot. Autopsy results indicated that Ham had an enlarged heart.

39. Sep 19, 2009, Yuceff W. Young II, 21

Brooklyn, Ohio

Unknown

40. Sep 21, 2009, Richard Battistata, 44

Laredo, Texas

Initial complaint – Burglary in progress. Battistata was confronted by police as a burglary suspect. The officer deployed her Taser and the suspect died on the scene. Autopsy results indicated that the suspect died as a result of a cocaine overdose.

41. Sep 28, 2009, Derrick Humbert, 38

Bradenton, Florida

Initial complaint – Officer stopped Humbert for riding a bicycle after dark without a headlight.

42. Oct 2, 2009, Rickey Massey, 38

Panama City, Florida

Initial complaint – Possession of cocaine

43. Oct 12, 2009, Christopher John Belknap, 36

Ukiah, California

Unknown

44. Oct 16, 2009, Frank Cleo Sutphin, 19

San Bernadino, California

Initial complaint – Fight call

45. Oct 27, 2009, Jeffrey Woodward, 33

Gallatin, Tennessee

Unknown

46. Nov 13, 2009, Herman George Knabe, 58

Corpus Christi, Texas

Initial complaint – Man riding a bicycle against the flow of traffic.

47. Nov 14, 2009, Darryl Bain, 43

Coram, New York

Initial Complaint – Bain’s brother called police asking for help because Bain was high on cocaine.

48. Nov 16, 2009, Matthew Bolick, 30

East Grand Rapids, Michigan

Initial complaint – Bolick’s father called police because he was concerned about his son’s odd behavior.


Again, the law is clear. If a police officer reasonably believes that someone is about to use deadly force on him,  the police officer is permitted to use deadly force to protect himself. We, the armchair quarterbacks, are not permitted make the determination of what was on the police officer’s mind at the moment the action took place. Besides, the determination is not based on what a reasonable civilian would do, but what a reasonable police officer would do.

Yeah, well, don’t let those click-bait headlines get your unmentionables all bunched up, because ALL, and I repeat, ALL killings of human beings by other humans are homicides. And certain homicides are absolutely legal.

That’s right, L.E.G.A.L., legal.

New Picture

Yes, each time prison officials pull the switch, inject “the stuff,” or whatever means they use to execute a condemned prisoner, they commit homicide. All people who kill attackers while saving a loved one from harm have committed homicide. And all cops who kill while defending their lives or the lives of others have committed homicide. These instances are not a crime.

It’s when a death is caused illegally—murder or manslaughter—that makes it a criminal offense.

Murder is an illegal homicide.

For example, in Virginia:

§ 18.2-32. First and second degree murder defined; punishment.

Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony.

All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.

Therefore, those seemingly dramatic headlines that read “Shooting By Cop Ruled a Homicide,” well, they’re often nothing more than words used to affect people’s emotions, induce a reaction, or to encourage people to click over to their website, which, by the way, is how many “news” outlets pay the bills.

So please, un-wad those unmentionables and don’t be a victim of media sensationalism.

By the way, how many of you clicked over to this blog because of the headline/blog-post title? Gotcha …


There’s still time to register for this extremely rare opportunity where you will attend the same training offered to top homicide investigators from around the world! This course of instruction is typically for law enforcement eyes only, but the Writers’ Police Academy, in conjunction with Sirchie, the world leader in in Crime Scene Investigation and Forensic Science Solutions, has made it possible for to attend this, the only event of its kind in the world!

MurderCon takes place at Sirchie’s compound located just outside of Raleigh, N.C.

Please, do your readers a huge favor and sign up today while you still can.

MurderConRegsitration

“Shots fired!”

“I’m hit”

“He’s running.”

“I need backup.”

“In the alley behind Joe’s Pawn Shop.”

“He’s shooting again.”

Silence.

Then, “Man down! Send paramedics … NOW!”

And then it starts. The looky-loos come out of the woodwork with cellphones and cameras in hand. The cop-haters who’re looking for an excuse to lob a few rocks and bricks and circle around the officer who’s bleeding, and scared and upset, with a million zillion images bouncing around inside his skull. And the “what-ifs” ricochet among those images. It’s a devastating experience, realizing you’ve just shot someone.

The cop’s adrenaline is in crash mode and his emotions are speeding to places they’ve not been before. Time is in full herky-jerky mode, speeding up to catch up to realtime after its abrupt switch to slow motion when the action first fired-up its engines. Sound returns slowly after a bout of “tunnel hearing.”

“If I Only Had a Brain” ~ The Scarecrow, from The Wizard of Oz

Each of us, hopefully, has a functioning brain (there are exceptions for politicians) and it’s that mass that fills the space between our ears that controls everything we do. It’s also in charge of our emotions. More specifically, it’s the amygdala section of the brain that’s assigned charge of emotional responses. The amygdala typically works and plays well with the other parts of the brain, including the prefrontal cortex that, by the way, controls complex decision-making.

However, when the brain perceives danger, the typically smooth-running operation inside our skulls goes a bit wonky because the moment danger is detected a major dam located in the adrenal glands is breached. This sudden discord sends out adrenaline to flood our systems.

Adrenaline, the hormone that boosts  blood circulation, increases breathing rate and metabolism and causes our muscles to rise up and prepare for battle. Then all hell breaks lose.

The amygdala section of the brain decides it wants to be in charge and leads a successful coup against the prefrontal cortex, taking control of the making of decisions. Since the amygdala has not been properly schooled in decision-making skills, the results are kaleidoscopic and slightly out of whack responses to various situations. It distorts and narrows our visual and auditory senses to the point where we often focus our attentions on a single point, skipping over other often important things taking place around us.

Fellow author, friend, and police psychologist Ellen Kirshman summed up the experience as it relates to police officers as, and I don’t recall her exact words, but were something like, “Police officers are called upon to do the unnatural. They run toward danger, not away from it.”  I read her quote in an article a while back about the deputy in Florida who failed to act during the horrific school shooting that occurred there. She also said something similar to what I’ve said here on this blog time and time and time again … no one but the officer who’s at the scene at the precise moment the danger takes place knows exactly what happened. (Ellen, I apologize if I’ve misquoted you, but I couldn’t locate the article).

In other words …

Monday Morning Quarterbacks Lack the Touch, Taste, Smell, and Motion to Know with 100% Certainty What Took Place

It’s easy for the public to render judgement regarding an officer’s actions, or lack of action, by switching on the TV or their computers to view a video recording of an event. Commentators often offer slow-motion replays, rewinds, zoom views, and various angles, and their opinions as to what happened and/or should have or shouldn’t have happened.

The officer on the scene, however, views the situation in real time, within a time period of a split second or two, while their brain is sending adrenaline throughout their system, with parts of the mind taking charge over other parts that typically supply reason based upon well-thought-out decisions, decisions that take time and energy before an action is performed.

The body of an officer involved in an intense shootout is undergoing many changes all at once. There’s the whole adrenaline thing, of course, while the brain is rapidly switching back and forth between tunnel vision to tunnel hearing, meaning that during the times they’re visually surveying a scene the volume of their auditory functions is greatly reduced, or nonexistent. They cannot use both tunnel vision and tunnel hearing at the same time. The brain does not allow it during times of extreme stress.

Furthermore, during times of extreme stress, the brain may completely shut off auditory functions which is the reason that in post shooting interviews some officers report not hearing the sounds of shots being fired.

I, for one, am a perfect example. During a bank robbery shootout, I saw puffs of smoke (in slow motion) rise from the robber’s handgun, but never heard a single sound. Not even when I returned fire. Actually, from the moment the situation turned violent until I chased the wounded man and tackled him, I don’t recall hearing anything until I rolled him over and then heard the “click, click, clicks” as he pointed his gun at me and repeatedly pulled the trigger. I’ll never forget those sounds. Not ever.

Thankfully, he’d fired the last round before making his final charge. But until that point, it’s like we were in a vacuum.

This experience and others like it explain why so often police officers simply do not recall hearing a specific number of shots fired. In the world of neuroscience this total shutdown of hearing is called auditory exclusion.

A police officer’s overall situational awareness can become dulled to the point of totally blocking out things going on in their periphery, which presents a huge problem for them if the field of danger extends beyond the point of their focus/attention, and it often does—more than one attacker, threat, etc.

Filling In the Blanks

Officers are human, a fact which seems to escape some people. And being human prompts the desire for them to believe they “should have” both heard and seen the action as it unfolded. Therefore, their very human minds attempt to supply the missing information—the sound of gunfire or seeing the man with a gun standing to the side.

To fill in these voids the brain creates a memory by drawing on context and even experience (“I know that’s what a gunshot sounds like therefore I must’ve heard that sound today”).

The same is true in reverse. The officer who’s incapable of remembering a crucial bit of information that occurred during a stressful event, while their attention was distracted, actually may not believe it happened, despite clear and concrete evidence to the contrary.

This, the brain creating “fill in the blank” memories is one reason why so many Monday morning quarterbacks immediately jump to the unfounded conclusion that an officer must be lying or attempting to cover up a misdeed. But it’s just not so. Sure, sometimes people lie. I won’t discount that fact. But in the vast majority of stressful encounters, law enforcement or otherwise, the amygdala section of the human brain is the culprit.

Anyway, the only true means to judge any situation is in real time surrounded by all the sights, sounds, tastes, and emotions that come with it, along with access to the officer’s thoughts and emotions as the event unfolded. Attempting to do so on Monday morning while watching a replay of video is not the same.

Not even close.

Nor is it possible.


OMG! Death of Person Killed By Cops Ruled a HOMICIDE!

Please, don’t let those click-bait headlines get your unmentionables all bunched up, because ALL, and I repeat, ALL killings of human beings by other humans are homicides. And certain homicides are absolutely legal.

That’s right, L.E.G.A.L., legal.

New Picture

Yes, each time prison officials pull the switch, inject “the stuff,” or whatever means they use to execute a condemned prisoner, they commit homicide. All people who kill attackers while saving a loved one from harm have committed homicide. And all cops who kill while defending their lives or the lives of others have committed homicide. These instances are not a crime.

It’s when a death is caused illegally—murder or manslaughter—that makes it a criminal offense.

Murder is an illegal homicide.

For example, in Virginia:

§ 18.2-32. First and second degree murder defined; punishment.

Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony.

All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.

Therefore, those seemingly dramatic headlines that read “Shooting By Cop Ruled a Homicide,” well, they’re often nothing more than words used to affect people’s emotions, induce a reaction, or to encourage people to click over to their website, which, by the way, is how many “news” outlets pay the bills.

So please, un-wad those unmentionables and don’t be a victim of media sensationalism.


Yet another “Please”

Please don’t rely solely on news and social media as a basis for rendering judgement on any incident. Those reports are all over the place, and many are extremely inaccurate. They’re often uneducated speculations, wishes, dreams, etc. of “reporters” hoping to get the first scoop and to stir the emotions of readers and viewers. It’s always best to wait until all facts surface before making a final determination. Unless, of course, there’s a credible video such as the one seen by the world where the officer held his knee pressed into George Floyd’s neck.

The Atlanta officer-involved shooting resulted in the death of a person, but the circumstances involved were far different. Sure, there was video, but what we saw occur on this particular video is not as clear cut as the one recorded in Minneapolis.


Remember, the law says we’re not allowed to play Monday morning armchair quarterback. Instead, we must base our decisions on the reasonableness of a particular use of force from the perspective of a reasonable officer on the scene. Not the opinion of @I.B. Lion, the guy in his mom’s basement who pumps out dozens of false media reports on social media sites.

From Tennessee v. Garner

“The use of deadly force is not justifiable . . . unless (i) the arrest is for a felony; and (ii) the person effecting the arrest is authorized to act as a peace officer or is assisting a person whom he believes to be authorized to act as a peace officer; and (iii) the actor believes that the force employed creates no substantial risk of injury to innocent persons; and (iv) the actor believes that (1) the crime for which the arrest is made involved conduct including the use or threatened use of deadly force; or (2) there is a substantial risk that the person to be arrested will cause death or serious bodily harm if his apprehension is delayed.”


The Supreme Court said in the Graham v. Connor decision, “The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”


*This post is not a political statement, nor is it a defense of any officer’s actions.

I was not at the location where the man was shot and killed by police in Atlanta so it would be impossible for me to know exact details. I will never know the precise thoughts going through the officers’ mind and/or the state of their emotions and perceptions at the time of the shooting. No one could.

Again, I’m not pointing fingers or offering an opinion as to right or wrong. Just the facts.

What is it that sets writers of crime fiction apart from, well, everyone else in the entire world? Well …

1. The worst murder scene in the world pales in comparison with the thoughts roaming through your mind at any given moment of the day.

2. You actually do wonder what human blood smells like.

3. Somewhere in your house is a book containing photos of crime scenes and/or dead bodies.

51uTGkVA7kL._SY344_BO1,204,203,200_

4. You want to ride in the back seat of a police car.

5. Your internet search history has a file all its own at the Department of Homeland Security.

6. At least once in your life you’ve asked your significant other to pose in a certain way so you can see if it’s possible/believable to stab, cut, shoot, hack, or strangle them from a variety of angles.

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7. You own a pair of handcuffs, and they’re strictly for research purposes.

8. The cop who lives in your neighborhood hides when he/she sees you coming with pen and paper in hand.

9. You attend more police training workshops than what’s required of the police officers in your town.

10. While other people fall asleep listening to soft music or gentle ocean waves, your sleep machine plays the sounds of police sirens and semi-automatic gunfire.

11. Your favorite bookmark is an actual toe tag from the morgue.

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12. Writers in other genres listen to classical music while working. You, however, have a police scanner chattering in the background.

13. When using a large kitchen knife to chop vegetables, your thoughts drift to how a killer would use the blade to dismember a body.

14. You see a cop and instantly know the caliber and manufacturer of the pistol on his side.

15. You’ve searched high and low for a perfume or cologne that smells like gunpowder.

16. You own a police flashlight.

17. Your screensaver is a photo of a police K-9.

18. Your cellphone ringtone is the theme song for the TV show COPS.

19. You think you know more about crime-scene investigations than most of the cops in your city, and you probably do.

20. You’ve registered for the 2020 Writers’ Police Academy/MurderCon because it is without a doubt the most thrilling experience for writers that’s available anywhere on the planet. And yes, were pleased to announce that a few new spots are now available!

2020 Writers’ Police Academy/MurderCon

 

It’s been over a dozen years ago since I wrote the first word on this blog, and before I did I made the decision to avoid the really hot and controversial issues, such as gun control, politics, and racial issues. However, today I’m making what is probably a one time exception with this piece on racism. But it’s important to me to air this, at least one time. Still, this is not an op-ed piece. It’s strictly fact based on my own personal experiences and firsthand knowledge.

Before I begin, though, please understand that I am proud to be an American and I still believe in this country. Current issues may not be popular, just, or they simply rub some the wrong way, but the only way to reach a solution is to address it thoughtfully and truthfully. Sure, there are some serious problems right now, but as Americans it is our duty to make things as they should be.

Okay, here goes …

I grew up during the time when schools were segregated. It was a time when whites ruled supreme over water fountains, bus and restaurant seating, and often to be first to see medical professionals.

In the south where I grew up it was common to have a “colored woman” come to the house once or twice a week to clean up after white families. My mother, at the time, was experiencing a few serious health issues so our father set out to find someone to help out. His advertisement didn’t specify a particular race, just someone who could handle household duties to allow my mother time to heal. Annie Mae was the woman who answered the call.

In our house, Annie Mae pretty much raised us kids. Sure, she was there to clean and do the laundry and a bit of cooking, but she also doled out orders that we kids had better follow, or else. Believe me, we adhered to Annie Mae’s rules. Homework was done before we went out to play, and we scrubbed away the sweat-caked dirt rings from our necks before sitting down to one of her delicious meals.

Annie Mae enjoyed watching “her stories,” the soap operas that dominated daytime TV, and no one, and I mean no one, dared to make a sound until the last dramatic moment came to a close. She’d have a glass of iced tea and maybe a cookie or two while perched in the easy chair clinging to each word spoken by Laura Spencer (General Hospital) or Joanne Gardner (Search for Tomorrow). Then, after last of the daily cliffhanging endings  she’d head into the kitchen to begin dinner preparation.

Annie Mae loved my younger brother best and spoiled him until he was rotten to the core.

Annie Mae was a black woman who was born and raised in the south. And yes, we knew of the history even though we were Yankee transplants to the south. We knew of slavery and of the difficult and harsh lives black people endured.

One of my uncles owned a house that Harriet Tubman used as part of her Underground Railroad. I was nearby, at the home of my grandparents when conspirators intended to blow up a courthouse where H. Rap Brown was to be tried for inciting race riots. I definitely knew the story.

We loved Annie Mae, unconditionally, and we didn’t for one moment see her as someone of a different race. To us she was merely a large woman with a smile as wide and bright as the keys on a new Steinway piano. She was a wonderful, loving woman who simply answered a “help wanted” ad, and who was very good at what she did. Most of all, she was family to us. She gave us hugs when our grades were good and threatened to switch our bottoms when they weren’t.

One day, when I was in the 7th grade, our studies were interrupted by the principal’s voice booming from the loudspeaker that hung above the wall-to-wall chalkboard at the front of the classroom. He announced that starting the next year, 8th and 9th grade students would be reporting to a newly-formed junior high school—what was then the “black high school.”

Well, the panic that set in among many of the students and their families was like that associated with the bread and milk aisles of grocery stores when snow or a hurricane is in the forecast. Actually, during the first week or two after the announcement it was more like the paper products and disinfectant aisles at grocery stores during the onset of the coronavirus pandemic. Yes, that bad and that frenzied.

There was a mad rush, one that I couldn’t for the life of me understand, to enroll masses of white kids in private schools, even if it meant transporting children to the next county. Some were sent to military schools. All to avoid having to attend school with the “negras,” a term many of the locals in those days used when referring to African Americans.

Part of the reaction to integration was evidenced by the frequent billowing clouds of smoke that rose from behind the tree line at the back of the old drive-in theater. I knew it was the KKK who were there burning a cross while spewing hateful words. My parents didn’t approve and did their best to keep that sort of thing from us. But we knew. All the kids knew. And we speculated who’s faces were behind the white, pointed hoods when, as a group, they sometimes marched down the main street following their leader, a figure wearing a bright red getup. What I didn’t know was why they burned the crosses each Friday night.

What was so doggone bad about black folks? I just didn’t get it.

The first day of school the following year was a big change for all of us. One of the first things I learned was that some of the black kids didn’t want to attend school with white kids any more than some of the white kids wanted to go to their school. But they didn’t have the option of tucking tail and running off to a private school because there were none for them to attend. They were stuck with us.

Kids, though, made the transition without a single problem, and we did so quickly. New friendships were formed and the sports teams were integrated for the first time ever. A few of them went on to win regional and state championships. Band members and cheerleaders worked things out among themselves, and life went on.

Not the same for the parents, though. Some refused to allow their kids to attend school functions, band trips, and “oh, hell no” my child will not shower with “them” after gym class and football practice. But, kids continued to move forward in spite of parents’ attempts to hang on to the way things used to be.

We just didn’t see the big deal about the different races. We were all kids and we were friends.

Now, let’s turn a few pages on the calendar to my time with a southern sheriff’s office, and to the real point of this piece.

The issue of race separation was alive and in full swing there at the sheriff’s office, and it was shocking to me because many of my fellow deputies were some of the same people I’d known in high school and junior high. A few were on my football team. We’d worked together to win championships, blocking and tackling the same people. Again, we’d been friends.

Therefore, and needless to say, I was equally surprised and shocked to see the duty schedule and how the deputies were assigned. Simply put, blacks worked with blacks and whites worked with whites. Rarely were the two mixed on any given shift. As a result, the friendships we’d known just a few years before were not as close as they once were. The races simply didn’t mix, not there anyway. And, the ranking deputy, a captain, on the “black crew” made it known that he didn’t like white people, and the same was true in reverse for the ranking white deputy, also a captain.

When the African American deputies hauled a person of color to the jail, the offender more often than not received a super stern lecture about shaming their race with their bad behavior.

With all of that said, though, I was the “crossover” deputy because I was often assigned as the token white guy to work with the black deputies. There was no tension between us whatsoever. We were all law enforcement officers on the job and great friend when off-duty. I trusted them with my life and they trusted me with theirs. And it came to just that a few times.

Our boss, the county sheriff created racial tension because of the manner in which he handled the scheduling of deputies.

This same sheriff created another type of discrimination by refusing to allow women to carry firearms or to work as patrol officers. He believed a woman’s place was in the office answering phones or working as dispatchers or jailers/corrections officers. Female deputies were not permitted to attend the police academy.

Now let’s turn a few more pages on the calendar to the time when I’d made the transition to a city police department. There, race didn’t seem to be an issue. Everyone—all ethnicities—worked together and we backed one other when the times were tough.

However, I soon discovered that the same wasn’t true regarding one particular officer. I first learned of this trouble when I was working internal affairs cases. A citizen reported that a white officer was targeting black people, especially regarding traffic offenses. The citizen asked if we’d review the officer’s stats to see if his suspicions were correct. I did, and he was. In fact, the officer had written very few traffic tickets for white people, and those who did receive a summons were typically from outside the city. But the number of summons for people of color was through the roof.

I asked the officer about the stats and his reply was that he couldn’t explain it. So, I did what IA folks do, I sent in an informant—an attractive young woman (he considered himself a ladies man). On their first meeting (she was wired), she brought up race issues and the officer quickly told her, “I hate n*****s. I see one coming my way and they’re gonna get a ticket. N*****s, n*****s, n*****s, I hate all of them.”

Needless to say, the officer lost his job. But what about all the people who’d received traffic tickets? Worse still, the department then had a huge image problem associated with racism. All it takes is one bad apple and the rot spreads through the community like a plague. And, of course, there were  similar issues of black officers doing similar things to white citizens. It happens. People are people. They do what they do. Cops are no different than you or your neighbor.

Someone asked me just today if cops are trained to pull over cars with black people inside. I responded by saying this … “Regarding the training of police officers, which includes treating everyone fairly. Any actions other than that are solely those of individuals.

Racism is not a reflection of officer training any more than the actions of any person within other groups of people, including families. Serial killers do what they do yet we don’t accuse their entire family group of having the privilege of earning a bonus when the killer takes a life. 

When an officer does something morally wrong or illegal it’s totally against the grain of their training.”

During our police academy training it was mandatory that we learn and understand the meaning behind the Law Enforcement Code of Ethics. Each morning, before the day’s instruction began, we stood and recited the Pledge of Allegiance and then remained standing while reciting the Code of Ethics. We did this as a group, with one loud and collective voice. The Code of Ethics was firmly pressed into our minds. We were taught to live and work according to the code.

Law Enforcement Code of Ethics

As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all persons to liberty, equality and justice.

I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminal, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession … law enforcement.


Anyway, the point of this rambling concoction is to point out that, yes, racism exists in law enforcement, no doubt. Just as it does within other professions and walks of life throughout the country.

I despise racism from any side, and I truly do not like seeing how race divides the nation. I especially don’t like seeing people exploiting or fabricating racial issues in order to sell newspapers, magazines, TV shows, etc., especially when they do it no matter how badly it harms others.

How serious is racism today? Well, I’ll leave that one for you to ponder. Remember, I don’t offer opinions on racism, religion, gun control, and other hot button issues. They’re poisonous topics. Besides, my purpose is to provide factual information to aid writers in bringing realism to their stories.

Rodney King said it best when he asked, “Why can’t we just all get along?”


*Please do not use this blog as a forum to argue racial or political agendas, gun control, religion, or cop bashing. Let’s keep the conversation civil, as always. Otherwise, I’ll simply delete your comments.