Correspondence from Boyd to Winter Re: Police Use of Deadly Force Report

    UJS. Departmen Justice

Law Enforcement Assistance Administration

National Minority Advisory Council 
on Criminal Justice

Mr. Steven L. Winter 
Legal Defense Fund 
10 Columbus Circle 
New York, NY 10019

Washington, D.C. 20531

February 25, 1980

Dear Steve:

I would like to take this opportunity to thank you for the materials you sent 
to me on the Detroit Police case.

Enclosed please find a copy of the report on "Police Use of Deadly Force," 
which was developed by the National Minority Advisory Council on Criminal 
Justice.

If any additional material is needed, please do not hesitate to contact me 
at (202) 862-9348.

Sincerely,

Alan G.(3oyd 
Staff Director

Enclosure



POLICE USE OF DEADLY FORCE

INTRODUCTION

It is belatedly coming to the attention of the public at 

large that many more people are killed by the police than there 

are police killed in the line of duty, and that a sizeable number 

of citizen deaths at the hands of the police are neither legally 

nor morally justifiable. The police are unique in that they are 

not limited to taking a human life in self defense, but are also 

legally empowered to kill in some circumstances because the "sus­

pect" failed to obey the officer's order to halt, or was "belie­

ved" to be in the act of committing a serious crime. Although in 

theory police regulations covering the right of the officer to 

use deadly force is more limiting than the criminal law, in actu­

ality there is little indication that the great majority of 

departments stringently enforce those rules. In practice there is 

overwhelming evidence that the system, including police, presecu- 

tors and courts, function to protect police officers who have 

killed citizens. Moreover, there is strong evidence to indicate 

that many of these killings and their "legal" justification are 

the result of racism.

Homicides committed by police officers are of particular 

concern to racial minorities because they continue to be the 

victims of these killings at a very disproportionate rate. Sta­

tistics obtained from the United States Public Health Service 

indicate that killings by the police - which are listed under



(2)

both Death by Legal Intervention and Homicide or Injury by Inter­

vention of Police, remained fairly constant through the 1950's, 

and then began a dramatic increase during the 1960's and into the 

1970's, A statistic that has remained constant throughout the 

entire period, however, is the percentage of blacks among those 

killed at the hands of the police. Based on the U.S. Public Health 

Services statistics, blacks represent approximately 45% of more 

than six thousand individuals who died at the hands of the police 

between 1950 and 1973. (See tables 1 & 11)

It should be noted that even these statistics do not 

accurately measure the degree of minority involvement as to vic­

timization at the hands of the police. Both the F.B.I. and the 

Department of Public Health Statistics tabulate Hispanics both as 

whites and as "others". This was noted in one study which made 

the observation that:

The proportion of Hispanic people in the vari­
ous groupings, for example, is subject to 
considerable error. Many persons listed by 
the Census Bureau as Hispanic, brought up in 
homes where Spanish was spoken, mau be listed 
by the police as black. On the other hand, 
many persons from Puerto Rico and Cuba consi­
der themselves in the "white" category rather 
than in the Hispanic.

In constrast to the ease with which information can be gained 

about the killings of police officers (see the annual reports iss­

ued by the Federal Bureau of Investigation) data on killings by 

the police is extremely difficult to obtain from official criminal 

justic sources. Official, detailed information covering homicides 

tted bypolice officers is seldom made avail. ,, ^

by police departments without a court order.



(3)

committed by police officers is seldom made available to outsiders 

by police departments without a court order.

In defense of the high percentage of blacks and other 

minorities among those killed by the police, authorities are quick 

to point out that these statistics closely approximate the percen­

tages of these minority group members among the arrest totals for 

violent crimes. In 1973, partially in response to a public outcry 

over the police killing of an eleven (11) year old black youth in 

Staten Island, the New York City Police Department did make avail­

able to the New York Times a sampling of arrest records and other 

documents for 100 homicides, 200 rapes, 200 felonious assaults 

and 200 robberies that took place in 1971. The Times' analysis of 

these seemingly carefully selected cases found that:

In a city where 34% of the popualtion is esti­
mated to be black or Hispanic, 59% of these 
arrested in homicide cases were black, 25%
Hispanic and 16% white.^

The newspaper study then went on to cite police department 

statistics which showed that the racial statistics on victims of 

police killings closely approximated the racial statistics on 

arrests for violent crimes. Obviously the intent here was to 

justify the inordinate number of racial minorities who were killed. 

If the intent had been to provide information from which an objec­

tive and more accurate analysis could have been made, the killings 

would have been compared to racial statistics on convictions 

rather than arrests. The inordinate arrest rates for minorities 

with no subsequent prosecution, or without successful prosecution



(4)

is well documented. The use of arrest statistics rather than 

conviction rates has long been used by the police - and the F.B.I. 

- to give a very slanted view as to what racial group is most 

likely to be involved in criminality. Again, the available evi­

dence indicates that racism is a motivating factor in the contin­

ued use of this very dubious method of measuring criminal involve­

ment by race.^

INVESTIGATIONS AND CONCLUSIONS IN POLICE KILLINGS

In addition to the police investigation of a homicide 

committed by a police officer, the official language used in des­

cribing such incidents to the news media is intended to imply 

justification and necessity. Sorel (1950) pointed out that when 

a police officer kills a citizen, the official statements usually 

describe the act as "deadly force", thereby suggesting, before any 

investigation is conducted, that the force used was legitimate.

By contrast, the killing of a police officer is referred to as 

"violence" or "murder", and therefore illegal. The police them­

selves band together to take part in a ritulism that is intended 

to emphasize their grief and their united anger over the death of 

their fallen comrade. Funeral services for police officers killed 

in line of duty are usually attended by several high ranking pub­

lic officials in addition to several hundred police officers from 

different cities and even from different states. The news media 

gives full coverage to such funerals, invariably showing a proces­

sion of police motorcycles leading the procession.



(5)

By contrast, the funeral of a citizen killed by the police, 

even in situations where it is determined that the citizen had 

committed no offense, seldom receives attention from public offi­

cials, the police, or the news media. These practices imply a 

relative lack of importance of citizen deaths at the hands of the 

police, and have the effect of eliciting a similar conditioned 

response from the public at large.

An additional factor which tends to promote public acceptance 

of killings, by police officers is that responsible officials,

i.e., police chiefs, coroners, prosecutors, judges, etc., delibe­

rately mislead the public by their statements and their actions 

involving such investigations. One of the most commonly used tac­

tics of the prosecutor when faced with a situation where there are 

demands for some action following a questionable killing by a po­

lice officer is to submit the case to a grand jury. The great 

majority of such hearings result in the grand jury refusing to 

indict the officer. The prosecutor is then "off the hook". He 

can take the public position that he carried out his sworn duty 

and presented the case to the grand jury and that they ruled 

against him by their actions. The public does not know, however, 

what evidence and what witnesses the prosecutor put before the 

grand jury in presenting his case. When pressed as to these de­

tails the prosecutor/district attorney is prone to point out that 

by law grand jury proceedings are secret, and that as an officer 

of the court he is obligated to respect that secrecy and there­



(6)

fore cannot comment on any of the specifics of the case.

This scenario was carried out after the 1968 shoot-out 

between Oakland (California) police officers and members of the 

Black Panther Party. Panther member Bobby Hutton was killed by 

the police after he exited with his hands in the air from a house 

in which he had been hiding. The police claimed that Hutton sud­

denly ducked down and attempted to escape by running through a 

group of officers who had surrounded him.

The district attorney submitted the case to a grand jury 

after some community groups openly questioned the accuracy of the 

police version of the killing. Based on the evidence and the wit- 

nessess called before them, the grand jury ruled that the killing 

was a justifiable homicide. A local newspaper reporter continued 

to investigate the case, however, and learned that the only two 

black police officers who witnessed the killing had given state­

ments, recorded by a stenographer in the District Attorney's 

office, in which they denied that Hutton had made any attempt to 

escape and that the reason he lowered his hands was because he 

lost his balance while being shoved and kicked by the officers 

surrounding him. These statements were not presented to grand 

jury. In fact, it was learned that a year after the grand jury 

met to hear the Hutton case, the two statements had still not 

been transcribed from shorthand.

When the reporter attempted to inquire as to why these 

statements had not been used, and why the black officers had not



(7)

been called before the grand jury, the district attorney, who had 

sole responsibility for presentation of evidence and witnesses 

replied that it would be "inappropriate" for him to discuss the 

grand jury proceedings.

Another method commonly used to determine justification in 

killings by police officers is to submit the case to a coroner's 

inquest. These inquests are not binding on any other judicial 

process, and in theory are intended to decide only the cause of 

death of the deceased. Inquest are generally held by the coroner 

at his discretion, with or without a jury. This is not an adver­

sary proceeding. The rules of evidence do not apply and only 

witnesses selected by the police or the coroner are called. In 

some such hearings legal representatives of the deceased appear, 

but their ability to ask questions is at the discretion of the 

coroner. In some such situations the attorney for the deceased's 

family will be permitted to submit written questions to the coro­

ner. The coroner, however, has full discretion as to whether 

these questions will be put to any witnesses.

Some coroners inquests are held before a jury. Most 

jurisdictions have no particular requirements about the character 

of the jury, and it is therefore not uncommon for the jurors to be 

picked form the street, often from among those individuals who 

frequent the area around the coroners office in hopes of making 

the few dollars that is paid such jurors. Once the hearing is 

completed the jury is instructed by the coroner as to what their



(8)

verdict will be. The jury makes no independent dicision and is 

only a useless, leftover part of ancient custom.

Whatever decision is reached by the coroner - or the jury, it 

has no legal effect on the prosecutor and his responsibility to 

decide whether there exist a basis for bringing criminal charges 

in connection with the killing.

Prosecutors still use the coroner's verdict, however, in 

arriving at a decision as to whether to bring charges against po­

lice officers involved in killings. The public is generally not 

sufficiently sophisticated to understand the ways in which this 

process is used to subvert the intent of the criminal justice pro­

cess.

This system, which provides an institutional escape route for 

both police and prosecutor, has a well documented record of non­

action. Kobler (1975) notes that statistics gained in Seattle are 

similar to those in many other cities across the country and that 

in Seattle, "for at least 20 years, no coroner's jury had declared 

a police killing to have been criminal; for 35 years no prosecutor 

had made a judgment different from that of the coroner's jury." 

Kobler noted that one case was an exception; "... the coroner's 

jury declared that the police killing was criminal and the prose­

cutor refused to go along with the coroner's decision".

The public's ability to comprehend the mechanisms which 

theoretically serve them is further inhibited by publications that 

infer that these mechanisms do in fact function in the interests



(9)

of justice. The prestigious Journal of Criminal Law, Criminology, 

and Police Science (Vol. 54, 1963) published an article which con­

cluded that from the coroner's inquest "there emerged a complete 

and accurate description of the events leading to and the circum­

stances immediately surrounding the police killings."^

The author studied 32 cases involving killings by police

officers in Philadelphia.

Thirty of the 32 cases were disposed of by the 
medical examiner, who at the inquest exonerat­
ed the officers involved in the killings on 
the grounds that death was due to justifiable 
homicide. In the two remaining cases the 
officers were held for the grand, jury indie? 
ted, tried by a jury, and found not guilty.^

The article then went on to note that 28 of the 32 individuals

killed by the police officers were "Negroes", and that:

The large number of Negro justifiable homicides 
in Philadelphia, both absolutely and relatively, 
might be interpreted as in indication of racial 
discrimination by the police. Such as infer­
ence, however, would be unwarranted.®

This unsupported conclusion was reached despite statistics

cited by the author which indicate the average annual rate of

killings of blacks by police was 5.47 per 1,000,000 inhabitants,
7

compared to a white rate of .25 - a ratio of 22 to 1. It would 

appear from such statistics that a valid conclusion would be that 

a primary factor in a police officer's determination that a person 

is "suspicious" is that person's race.

It should also be noted that accourding to data supplied by 

the Philadelphia District Attorney's office to the U.S. Commission



(10)

on Civil Rights, during the period of 1960-1970, eighty citizens 

were killed by Philadelphia police officers. Of that number 20 

were white (25%), 59 were black (73%), and 1 was Puerto Rican.

(See table 11 & 111). In the face of such volumnious evidence that 

race is such an integral factor in police killings, the very act 

of denying the existence of racism without supporting documentation 

is itself racist.

While it has been noted that police officials, prosecutors, 

and judges are all offenders in approving and condoning police 

killings, it is obvious that the police officers who commit these 

acts are most commonly the offenders in changing, disguising, manu- 

jacturing and eliminating evidence necessary to prove criminal 

misconduct against them.

One of the more common police practices involves the use of 

a "throw down" or "throw away" weapon by an officer. Some officers 

normally carry a second gun which is unregistered and which is 

used to manufacture evidence against a suspect. A typical case of 

this type occurred in Dayton, Ohio in 1967. A police officer, 

dressed in civilian clothes and wearing a Shriner's Fez, shot and 

killed a black man who, according to the officer, attempted to 

flee when the officer approached him with his weapon drawn. The 

officer shot and killed the black man who he "believed" was carry­

ing a gun in his belt. During the subsequent investigation, the 

officer turned in a gun which he claimed to have recovered from 

the body. It was later determined that the suspected weapon which



(11)

the officer claimed to have seen in the victim's belt was a 

smoking pipe, and then after the killing the officer went home and 

got the weapon which he turned in as evidence after claiming to 

have recovered it from the victim's body.

An all white jury found the officer not guilty of first degree 

manslaughter. One juror later stated that "the fact that he ran
O

and (the officer) thought he had a gun was the important thing."

A similar type killing took place in Los Angeles in 1976.

The officer stopped a black man for questioning because he "sus­

pected" that the subject's car had been stolen. (A later inves­

tigation disclosed that the black man had no criminal record and 

the car was not stolen). The officer first questioned the "sus­

pect", and then ordered him to show the car's registration. When 

the "suspect" reached into the car's glove compartment the officer 

shot and killed him because he "believed" the man was reaching for 

a gun. A weapon was recovered at the scene, but was later found 

to have been "planted" there by the police officer.

During a departmental investigation the officer resigned from 

the force. Misdemeanor charges involving possession of an unre­

gistered weapon were then filed against him. He pled guilty and 

was placed on probation. No charges involving the death of the 

citizen were ever filed.

Still another killing by a police officer and the use of a 

"throw away" gun is pending at this writing. In 1977, a Huston 

Texas officer killed a 17 year old car theft suspect after the



(12)

suspect reporedly pointed a gun at the officer. The youth was 

killed by being shot in the back of the head. The weapon alleged­

ly in the possession of the young suspect was recovered at the 

scene. The prosecutor submitted the case to the grand jury and 

presented two witnesses who testified that the dead youth had not 

had a gun. A third witness, however, supported the police version 

of the killing, and testified that the youth had been armed.^ This 

witness later publically admitted having lied before the grand 

jury and was himself indicted for perjury.

Federal investigators have now determined that the weapon 

attributed to the suspect had been recovered by the police In 1964 

as the result of their investigation of a suicide. Police proper­

ty records then indicated that the gun was "destroyed" in 1968.

Circumstances,; of the type that surfaced in this case, lend 

credence to the charge that prosecutors do, in some instances, act 

- or fail to act - in such a manner as to protect police officers 

facing charges involving criminal homicide. To believe that the 

prosecutor in the Houston case was objectively attempting to pre­

sent the true facts to the grand jury, one must not only believe 

that he unknowingly used a witness who has now admitted committing 

perjury, but that he presented a weapon into evidence without 

checking police records to ascertain its ownership.

The foreman of the (Harris) County grand jury that refused to 

indict any police officers in this case later stated that the grand 

jury did consider the possibility that the police had planted a



(13)

gun on the dead youth's body, but that they were never given 

much information about the weapon. The prosecutor who presented 

the case to the grand jury was quoted as being"surprised and sad­

dened" at the news that there was a possibility that the police 

had used a "throw down" pistol in the killing.

The prosecutor, in defending his presentation of the case to 

the grand jury, stated, "when a policeman comes in and swears on 

a Bible, you're going to believe him. You can't abuse the trust 

in him (emphasis added)."^®

Another Houston case in which an officer was judged to have 

acted reasonably because he "thought" a suspect was armed involved 

the killing of a black disabled Viet Nam War veteran. The shoot­

ing occurred in 1976, and took place after two police officers 

spotted the black man walking down the street, and decided that 

he looked "wild-eyed." The officers swerved their car across the 

road to confront the suspect. According to the officers, the sus­

pect began to pull something from his pocket that "in the dim 

light I believed to be a pistol." The officers pumped eight shots 

into the black man, seven from one gun (presumably a standard 6 

shot police revolver). The "pistol" they "believed" the suspect 

had turned out to be a Bible.

When the case was presented to the grand jury by the 

prosecutor, only the two police officers and the prosoner they had 

been hauling at the time were called as witnesses. Three civilians, 

including a couple whose auto windshield was struck by one of the



(14)

police bullets - which indicated the at least 9 shots were fired 

- were not asked to testify. One of these witnesses had previou­

sly stated:

The police officer got out of his car, (the 
black man) raised his right hand and said 
some/ting to the officer, and the officer 
fired one shot. (The black man) fell to 
his knees and the officer continued firing. '

The grand jury declined to return any indictments in the case.

The firing of multiple rounds by police officers is not with­

out prececent, particularly in Houston. In early 1977 officers re­

sponded to a burglar alarm at a local Firestone tire store there. 

The first officer spotted the suspect inside, grabbed him and a 

strugggle took place. The officer was reportedly stabbed in the 

thigh with a pair of scissors. He then fired thirteen shots at the

suspect. Medical examination disclosed that all the shots struck
12

"within a relatively tight pattern in the dead man's torso".

A case which provides a classic example of the problems to

be faced in prosecuting police officers for homicide involves any

where form two to six Buffalo, New York officers. According to

witnesses, the victim was dragged by hair from his sports car and

fatally beaten. Reportedly, about nine men were involved in the

beating. A medal of a type worn by Buffalo police officers was

found at the scene after the suspects fled.

Among the factors which have blocked successful investigation

and prosecution of the case are the following:

1. Three police officers suspected of involve­
ment in the case refused to obey order to



(15)

appear in a line-up.

2. The chief at the department's Homicide 
bureau allowed one of the officers to 
wear a bag over his head to avoid iden­
tification at the time of his arrest.

3. A state Supreme Court Justice barred both 
the press and the public from pre-trial 
proceedings in the case.

4. Another judge issued an order which 
barred the D.A.'s office and the police 
(emphasis added) from issuing photosfbf 
the suspects to the press. The order 
further allowed the suspects to wear 
hoods to conceal their faces and direc­
ted both police and the D.A. to assist 
the suspects in the use of a private 
passage way to avoid photographers.

The list of killings by police officers that are allowed to 

go unpunished seemingly grows longer by the day. A New York City 

officer shot a ten year old black youth in the back, "believing" 

him to be an adult robbery suspect. While standing trial for the 

killing, and in reply to the judge's question as to whether or not 

he could tell the differnce between a ten year old boy and a fully 

grown man, the officer replied, "Your honor, all I saw was the 

color of his skin." The jury found the officer not guilty of the 

charges against him.

The degree to which police officers who assault citizen are 

seemingly immune from criminal punishment is particularly empha­

sized in two cases in which innocent citizens were shot. In the 

first case, a young, black businessman was shot in the back by a 

Chicago police officer. The vitim of the shooting had found two 

men breaking into the juke box in his small cafe. He detained



06)

them and called the police. However, before the police arrived 

the suspect managed to flee. The young black man and a friend 

decided not to chase the suspects, and instead left the cafe after 

leaving word for the police as to where they could be found. A 

short time later they were stopped by two police officers who or­

dered them at gunpoint to put their hands on the top of a nearby 

car. Although both men complied with the order, one of the offi­

cers shot the businessman in the back with his 357 magnum pistol. 

The officer then kicked the still standing victim's feet out from 

under him, and while the wounded man was lying on the ground stat­

ed "Die nigger, die or I'll blow your brains out."

The young man spent seven months in the hospital. As a 

result of his injuries he lost part of his liver, spleen, gall 

bladder and appendix. For the first four months of his confine­

ment he was shackled to his bed because he was charged with two 

counts of attempted murder.

He was later acquitted of the charges and the two alleged

victims - the men who had been caught breaking into the juke box -

gave statements in which they claimed that they would either be

given probation or have the charges against them dropped if they

helped convict the wounded man. To date no charges have been
13placed against the officer who did the shooting.

The second shooting involved a Los Angeles police lieutenant 

who shot and wounded a suspect who had been arrested in connection 

with a reported rape of the lieutenant's 19 year old daughter.



(17)

Two suspects, both who were later found not to be involved in the 

offense, were brought into police headquarters. The lieutenant 

was notified of the arrests and when he arrived at the police sta­

tion he immediately started shooting at one of the men, seriously 

wounding him. The officer then chased the second man through the 

building, but was subdued by other officers before firing any fur­

ther shots.

In his trial for felony assault the prosecutor was seemingly 

unable to convince the jury that the police lieutenant had wrong­

fully and illegally assaulted an innocent man. The jury found the 

defendant not guilty of the charges against him.

Another officer was found not guilty of the unporvoked cold 

blooded killing of a black youth. The jury found the officer to 

be insane - and therefore innocent - on the basis that he allegedly 

suffered an epileptic seizure which rendered him without control 

or responsibility for his actions at the time he drew his revolver, 

shot and killed the victim, reloaded the weapon and returned it to 

it's holster, and turned and walked away.

A Chicago police officer, responding to a report of "rape in 

progress", fired his shot gun through the door of the rape victim's 

apartment, apparently in an attempt to shoot the lock off. The 

shot gun blast killed the victim of the rape. The officer was not 

charged criminally.

RECOMMENDATIONS

All available evidence points to police homicides as a source



(18)

of major and legitimate concern to minorities. Illegal police 

killings are continuing unchecked and unpunished. Without evid­

ence that the criminal justice system as a whole intends to react 

forcefully against these criminal acts, minorities may well be for­

ced to respond to police violence in the only manner left open to 

them. This very real possibility was noted by Takagi when he stat­

ed that:

Open warfare between the police and the citiz­
enry might be one of the outcomes. Two recent 
attacks upon police station houses, one by a 
bomb and the other by shogun wielding assail­
ants resulting in the dea+h of two police 
officers, are indicative.'^

These killings under color of lawful authority must be 

brought to a halt. The factors which contribute to the steadily 

increasing rate at which police kill citizens, with no increase 

in the rate of successful prosecutions of police officers for 

criminal homicide can no longer be ignored.

Kobler states that:

Using the threat of death or severe injury to 
a person as criteria for justifiability of 
homicid, information on about 1500 incidents 
from 1960 through 1970 suggests that two- 
fifths of the police killings were justi­
fiable, one-fifth questionable, and two- 
fifths unjustifiable. Such judgments are 
clearly academid, however for less than one 
percent of police homicides are legally 
judged to be unjustifiable.(Emphasis added)^





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SOURCE: United States Department of the Census, Department of Vital Statistics



TABLE II 
PHILADELPHIA

CIVILIAN SLAIN BY POLICE 
BETWEEN 1350 - 1970

DECEASED
PUERTO

DISPOSITIONI CrtK

1960
1
1

1

r\ 1 v-/ntio 

1

Justifiable 
Arrest 
Arrest 
Justifiable

1950 Total 2 1 1

1961 1 Justifiable
1 Justifiable

1 Justifiable
1 Justif iabl e
1 Justifiable

1961 Total 4 1

1952 1 Justifiable
1 Justifiable
1 Justifiable

1962 3

1963 ^ 1 Justifiable
1 Justifiable
1 Justifiable
1 Justifiable

1963 Total 3 1

1964 1 Justifiable
1 Justifiable
1 Justifiable
1 Justifiable
1 Justifiable

1 Justifiable
1 Justifiable
1 Justifiable
1 Justifiable

1954 Total 8 1

1955 1 Justifiable
1 Justifiable
1 Justifiable
1 Arrest
1 Justifiable
1 Justifiable

1965 Total 6



YEAR BLACK WHITE

DECEASED
PUERTO
RICAN DISPOSITION

1965 J'jstif iabl e 
Justifiabla 
Justifiable 
Justifiable 
Arrest 
Justifiable

1965 Total

1967

1957 Total

1968

1968 Total

1959

Justifiable 
Justifiable 
Justifiable 
Justi fiable 
Justifiable 
Justifiable 
Justifiable 
Justifiable 
Justifiabl e 
Justifiable 
Justifiable 
Justifiable

ifiable 
ifiable

Justi 
Justi 
Justi 
Justifiable 
Justi 
Justi 
Justi

ITiable 
f i
f iabl e 
fiable 
i fiable

Justifiable 
Justifiable 
Justifiable 
Justifiable 
Justifiable 
Justifiable 
Justifiable

1959 Total



YEAR BLACK WHITE

DECEASED
PUERTO
RICAN DISPOSITION

1970

1970 13

1

1

1

T

Justifiable 
Justifiable 
Oustifiabl e 
Justifiable 
Justifiable 
Justifiable 
Arrest 
Justifiable 
Justifiabl e 
Justifiable 
Justifiable 
Justifiable 
Justifiable 
Justifiable 
Arrest 
Pending 
Pending

SOURCE: United States Commission on Civil Rights



TABLE in 

PHILADELPHIA
POLICEMEN SLAIN BY CIVILIANS 

BETWEEN 1960 - 1970

DECEASED

PUERTO
YEAR BLACK WHITE RICAN DISPOSITION

1960 1 Arrest

1964 1 Arrest

1966 1 Arrest

1968 2 Arrest

1969 1 Arrest

1970 1
1

Arrest 
Open Case

1 Arrest

1960-1970 Total 2 7 1 Open Case

SOURCE: United States Commission on Civil Rights



 ̂C, y 15-Yeor-C!d Shot cr/  ̂Cf — .... ■street

i c e m a n  ^ L . m . : z e Eoy' n\ a:?-:i n

NEW YORK (AP) — A police o:':iccr 'a c} j j i -  
per.Jed from the  force yesterday  and charged :r 
sheeting death  of a 15-year-old boy who was s'.a.n as 
he walked hom e a f te r  taking his g randm ether a 
bus stop on Thanksgi'.'ing night.

R obert Torsney. 31. a  police officer for =1" ; : r s .  
was released  on 530.C33 bail F riday . He was ■ - .-a - 
ed with second-decree m urder in tl;e p;..".t 
shooting of Randolph Evans.

The dead boy’s fa th e r, Glenn E vans, c a l l ; :  the 
shooting “ out and out m u rd er.”

R aym ond E vans. Randolph’s 22-year-oid ’c.'C'Jh- 
er. was especially b itter.

“ The police feel they can burn a bl.cck kid a ■ ■ r :t 
aw ay with it ,”  he said. “ It a in ’t gonna be tha: ' ay. 
W e're going to get vengeance, one way or ar.ot.her.’’

TORSNEY’, WHO is white, was a rrested  an d sus­
pended from the force a t  6 a.m . in his own precm.c: 
house. He was la te r  o rdered  held without bail by 
Judge  R ichard Brown in Brooklyn Criminal C c-r..

However, his a tto rn ey , E dw ard Rappapor:. and 
Douglas W eaving, head of the P a tro lm en’s B-:-.5v> 
lent Association, rushed  to s ta te  Suprem e C t .r t .  
c laim ing it would be “ virtually  impo.ssible” to as­
sure  the police o fficer’s safety  if he were jaiit-d on 
R ik er’s Island, the local prison.

Ju stice  Ju liu s Heller.brand. in setting bail, said 
he was considering T orsney’s blam eless record on 
the police force.

Officers a t  the 75:h P rec inc t where Torsney was 
assigned said  ” S0 percen t of the com m and is in 
shock. I t’s to ta lly  un realistic  th a t he would .have 
done som ething like th a t.”  They said he was n : :  
“ trigger h appy” and never m ade racial slurs.

Torsney was one of five officers who had gore  :o 
a  Brooklyn housing pro ject about 11 o ’clock 
T hanksgiving night to answ er a  call th a t Lhero was 
a .man with a  gun.

No m an with a gun w as found. The source of the 
d istu rbance tu rned  out to be a dom estic dispute.

THE OTHER po’ice.men said th a t as they lef:, 
they saw  a young m an on the sam e garden p a 'j  as 
Torsney.

The policemen w ere quoted in court yesterday as 
saying th a t “ there  was a  conversation and Tersney 
ur.holstered his gun.”  Then “ they heard  a  noise like 
a  pop from  a  f irec rac k e r .”

Glenn E vans described his son a s  a “ quiet boy" 
who played basketba ll for Franklin  K. Lane High 
School, w here he was a  ninth g rader, and worked 
part-tim e in the fam ily grocery.

“ It was out and out m u rd er,"  E vans said.

"H? attack ing  th-e cop ,” said  his m other.

E vj-.s said she was pushed 
w r - r  s:; v tried to ride to the h: 
ta . V W-,..-.ded son. The la th e r
s n :  !c;.c wed the police.

out of th 
tsp ita l w 
ju.mped

e patrol c ar 
ith her mor- 
into his car



t;/£ r;vp. wzrsz-AY. d z c z m e e r u

Officer Indicted on I'Jurder Charge 
In Shooting of a Brooklyn Boy, 15

By SELWTN' RA.AB
A 'pr,'.[ce officir whs had never fired i ? , r n d e ! p h  Evans. The Rev. C!ar- 

h:s ’ .in in eight years on the force and er.ce .N‘crr-,an interrupted his ec!o;v in 
w.ho officials said had shown no be- the F.rs; Baptist Church to announce the 
hivicrai problems was indicted ye.sterday; indrr:.-.en: and the 2.000 mourners in the 
on a second-degree murder charge in ; church b 'oce into applau.se. 
the shooting of a 13-year-oId Brooklyn : a : a semetunes stormy bail hearire
boy on Tr.ank'giving night. after ti-e indictment, an assistant district:

Tne charge was voted by a grand jury: attorney cescnbed the shooting byOrthcer
sitting in State Supreme Court in dr vn- 
town Brookiyn. a few mi'e.s from the 
thurch i.n Crown Keicbts wh-?re funeral 
f.-.-.i.es were being condiicttd fi-.r t.te

p -'-T t H Torsn.ev as "a totally u—.n ro -; 
vck-::. -nj-stifiable and intentlo.nai kill-' 
ir.c '*

•:/' Tc.-sney's lawyer, howeve.', in- 
ind;ca;-Ki tor the first time that the 31- 
>ear-0.d p-oliceman wnuld attempt to 
prove :ra t he had ar*-:d in self-defense 
durirg an "enrounter" with the.slain boy- 
in a ■ i:,mly i ' a.-ea.”

The sh--rr - r  o- the youngster, a black, 
by a c.'t'.cer has led to strn~t. pro­
tests i.-. B.-s-.klyn and complaint. ''-e 
Natio-al .rit'-r'atioh for the Adsa, . 
meets of Cjiored People of possible 
racism.

In a related de -.■'p.aient. police offi­
cials said that -. revie-w of Officer
Torsne>-’s pc.rso."."record had disclosed; 
no s g.'.s of em.otiur.ul instability. The) 
officials said they had no plans to a lte r ! 
an "ea.-ly watming system” used to u n - 1 
cover viole.nce-prone or unstable officers. | 

Tne Poke* Department also provided 
a chrc-n.plof.ca! report on how officers ' 
and h:gh. commanders respo.nded in the ,

Continued on Page B15, Col. 4

Grr 1 flaar *1 F-iUhr rmrej aTef U-
Q1- - ; ru-tu ______

• r»rtr i  t l ' i i  a»i rrMs.v. FA'rr s-ti ar.?.;. a?uw_Vi'. uq-.i . aUU. "KZ raiUST.-aUrt-

I

i!t I • # : \
ii

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i.



acer Indict on a C h a rg e j) f_ J ^ lUi; 'jj-

= n - n i S ^ f f e | f e ¥ « ! L 2 g ! a B «

i s a i S s i ^  - i S s i s  “£ S i
s i S H “ : : : : : : :  ̂ ^ ....

Chief M itcre'ion. is

V/aUcer. is s:i;l a’-'.a—;> t . " .  '  i
Ivn on 1973 ir.urcer = „  . ..^ ,- '
■ Ln an e“ ort to d:5_.;’- ^  — ‘ t

the <5tpar.r-.ant estao.ip^^^  ,1 -3  ^  ;

Un%ora*!aL-̂ tl'« ='
“'^ie"nr<fe

who Know r.e IJ •  k- - - -  -; .. 
hjtn in case a , ‘TsUarre."
j t ^ n S n t ^ ^ d  revolted bail for the

■ trw.:7'ihr% i~a f- s s3 S S l s s | i H i “S I # # | 9 ^
SSl£1iShSJ':Efe^-s!,Sj' !..-;™.,„. A id ».. «■:

■■ -Comdliuj d. 3d'did.
said. "We have a scod »>>t«n a n -  u  v

'"“stnce ’lhe

grante
Barah

‘h.i,i:ioSrdr5 sa. w - d

' *tFp4s;ia“ aS^ t's  ..... „ „ .........-..

been in una ' v t  .v .  b-jdldaig he■AS tt-ne omcer] le A

S S l i f M S S i i S  f  ? s | i sconcuCe a?.a V-i*-«n

rr.ost̂v'jrape men w-We sver 
across.’*

[the ° f ^ ' i 3 ^ r I e I S ^ d ‘ a;;di n  
was K» had an . tha»«i upon our investiganon&a5« vr»*«n2 man a: \^ra-nha»«i upon our invssu^^^--'^^ 

*“ M '''R aoo^‘̂ 'r t ’ " w  diselosed that * e  

atto^^.r-'s*: Referring to an

Thar.’icsjivnr.j worx day. ..Ir.. Rappaport

said̂T re  D.A. may arsne th a t my cli^ent 
1, Z :  respor.r.bie bir. "-‘V'y 
csrs v.-r.;e firr.r.y things in 
bcoVj and this alone snc*.::d not ...d-ca J  
a ir.i.''.*-al difs<^t."

Moved From Home
V-. K aooitort told J.istioe Birshay that

Officer tcrsr.ey had ' v ? 7 ' j t  t '< a - i'v 'i  
a.-.d chiid.-er.. aged 6 * ^ : : : . ' J

1 - - s - . ’-iJgivmg Day dir-ner be .o .erepo ..... Sj

“ v : '^ id ^ i ° < ^ f ' ':* r  ^rd his ? ^ 7  
v ,“: ':,’ i„ ... ,  c-ieir Kic'-mord H:.l. Q'ceer.s., 
h e -e \e c a u se  of te.o-hored .^ .i

t r ~ ‘ V Z i - '^ < ^ r 7 o ^ e c t  on
and that would indica.e h» jtnew • ■.■|
b ,  wa.a_dci-gr^ p j.-k i, told Justice Bar-!

-I ' J 
<

. }



>;£',V YC’ K fOST. THU5S3*Y, DzCEV!:* -5. 1-7'

"})r j
/  n

r\ n

/^ v  mU '\J u i—^  ^  ®

^ ■•"3  »

Si ^

on
^ p  ^  rpN. ^  :

Li J u Ji -.>
u

n ^

By ?L\FX  K0 SEN''V.\SSF.H 
"rwo trom inent r.suro.o- 

glsts and epilepsy expens 
sav it autiears v irtual!' Im- 
^ s s iW e 'ih a t  police ofricer 
Robert T orsrey was su.ier- 
log an epileptic seirure wv^eu
he k lll^i an unarm ed 15-;. ea-- 
old Erooldyn youth last year.

On Nov. 30, a  Brookiym, Su­
preme Court jury jud?ew 
T orsrey  insane, and there-ore 
Innocent of m urder, a f.e r 
hearing testim ony th a t che 
32-year-oid police officer su,- 
fered a psychomotor epdep- 
tic seizure when he shot Ra.n- 
dolph E-.ans a t close range.

The snooting of the  b.acjt 
vouth by the white patrol­
m an touched off racial d.s- 
turbances.

In  a  lel*?phone in .er. 
ve'^terday v-ith The As50c:al* 
iiJ^PrehS. Dr. H art Peter-cn. 
associate professor of neu­
rology a t CorneU Medical 
School, termed the deiense^s 
description of the events 
p rior o and afte r O'® 
•^absolutely impossib.e u 
Torsney was. In fact, suffer­
ing from a peychomotor epn- 
eptic seizure.

Dr. Eli Goldenschn, a  pro- 
fes-ar of r.eurclogy a t Co­
lumbia Presbyterian Medical 
C.--n;er and chaim ’an of the 
orofes.sioraI a d v -c ry  bo=rrd 
to -whe Epiicpsy Foiinda.ion 
of .itmorica. said port.ons o. 
the  testimony he saw  showed 
th a t Tcrsr.ey ‘ renaerADcreQ 
exactly what he was doing. 
He described his own reac­
tions. That’s what makes it 
j-ust about impossi’ole."

Both m.en s a d  tney would 
>'ave been willinz to testify 
'at the T.'rsney tria l if they 
had been asked by the Brook- 
K-n District .MtorneVs office, 
which trle-i the case.

They stressed, though, they 
were reiving on press ac­
counts of the  ca.se for infor­
mation.

Peterson, %̂*ho also is chair- 
man of the professional ad­
visory bbard of the Greater 
Nevv Y.ark Chapter of the 
Epilepsy F o u n d a t i o n  o f  
itunerica, s?.id it was highly 
L -rk ely  although possible, 
th a t a person suffering a 
seizure could pull a gun, or 
fire it. or re tu rn  it to a 
holster.

}
1

■T?V'

k o Ae u t  t o k s n e y
J

“W hat he couldn't do. ac­
cording to Peterson, 'is the 
whole connected scries Of 
events beginning with draw ­
ing the gun. in so tr^ " a y  
pointing it a t the child, puk­
ing the trigger and then pu t­
ting the gun b.ack in.o t.ne 
holster. T hat's too complex 
an act to  be considered a 
psvehomotor seizure.”

He continued. "I can .m- 
agine a policeman who has a

nsvehomotor seizure pulling 
his gun and be foirr.d w an ­
dering aimlessly,' b u t it s  not 
pcssi'ole to carry ou t th is 
kind of complex activity."

Pclk-e officer M atthew  W li- 
liam srT orsney 's p a rtner, te s­
tified '..hat a fte r 'T o rsu ' y .shot 
the youth he too’ic the s;<- .k 
shell from  his gun, th rew  it 
away, and re-loaded the 
weapon. 1

Golde.tsohn said, "It s  al- | 
m ost Impossible to  perform  i 
an act of Lhat kind in a  psy- j 
chomotor seizure because one , 
is in a  depressed level of ■ 
aw am ess.”

The key to th e  defense case 
w*as th e  testim ony of Dr. 
Daniel Schwartz, chief of 
forer.sic psvchiatry a t  K ings 
Countv .Medical Center, who 
said Torsney Killed the youth  
when he suffered a seizure, 
Oien invented a  s to ry  th a t 
the bov pulled a  gun on him 
so tha't he could live with 
himself once he realized w hat 
he had done.

R€‘p€?t€<3 cliOrts to  rcJicri 
S c h w a r t z  fo r com m ent 
proved unsuccessful last 
nighL ^



S i . 
1

O  ? IJ \ T *
iiijii ij Y

D epO iV
- i  •' I

^  i c t i i n  S n i i l  

1  o  D e  !• i e e i i i  j :

D u r i n g  U u i « i

By .f:m Lan.fcrs

A 19-yeci-o!d yoiitn v, js 
shot and killed'by a t̂. 
'̂Jry3 County she.'hrs 

u:y Saturday during a ra;r( 
on a farnhoiise in St. James 
t-ta: a sberitfs offite s:?’ :rs- 
:t;_n soed \vas believed lu be 
a depot :or several thru!-.-v.i 
div.lars V. ortli of .itu.cii 
stereo equipment.

■ ■■nkam 7ho:v.DS LD.mb. .> !;o 
‘ fsrmiiouse.
tt'.? s.nerni’s o;:iee deseribi-d 
a ' a "havt-r. .'or yoitn.' pei>;k-."’

• v.as prono’jnoctl . rtead cu "a 
gur.5iiot wound to tlia head 
J .r r rJy  after the 4:30 p.m in­
cident.

The deputj- who shot Lamb 
was ideatuied as D.avid Lang. 
La;-.a has been placed on ad- 
rr.irjstraitve leave pending an 
ir.w5-i22tion of the shooting 
according to Chief Deputy
Gearge DeLozier.

DeLozier said si.x sheriffs ; 
deputies wer,t out to the farm ­
house on Saturday afternoon 
a.s pars of an ins esligation of a 
b reefcp’ and entering re­
ported earlier in the day at a 
nearby trailer court.

The deputies, armed with 
riot shotgur.s, did not have a 
search warrant. DeLozier said.

"VVe were in hc.ues tiiat they 
would consent to a search, 
making a w arrant unneces­
sary." he said.

The deputies ordered every- 
or.e iniide the house to come 
out. DeLozier said, when 
La.mb broke and ran for the 
woods. Lang fired a warning 
shot and then shot Lamb once 
in the houd. with his service 
revolver, according to the 
sheriffs office report on the! 
incident. '

Seven persons inside the! 
fainnhouse were arre.stcd afte r' 
ti e shooting. .Most of themj  
were teen-acers. according to! 
DeLorier. He said all were 
charged with receiving stolen 
goods and then released o.n 
bo .id.

DeLozier said that after thci 
shoc-i.ng the depulie- obta.i 
a .vearcb warrant a.nd wv:::!

See S.4ID, E7. Col. 1 :

iOLilD Slain 
. During Raid 
111 St. Clary’s

R.AID, From El
;..rotigh the farmhouse. .4 
c -r-.-.t.ty of the stolen goods 
v.as recovered in the search 
h -• 'a ; 1. ’

' i-e hud i.nfor.ntarion th.tt 
t.ne stolen good.s we.-e at the 
f rm house a:t;l that they w ; :ej 
t .'.r.g nto'ced, so we had to a-cf 
fast ■ said DeLozier. wheaj 
asked why the deputies origi-j 

fbe far.nthousel 
w 'tt.itut a .-earch warrant.

To e.nplair. why the deputies,' 
r a r e  .;arr;.ing riot cut:'. De-j 
L-arier raid a gun had been! 
rep-aried stole.n in the trailer! 
burglary.

“ z ou have to e.vpect trouble 
attyticte you go out as a law! 
er.o rrem en t officer,” he said.! 
J-'.e svalen gun was not re-' 

covered, he said.



J i
r n
H ^6 U

ril.’.IS'ri DRENNXV
rci;!; s -K

!.-i-:rjl cra'ii jury is invrsiigalinR 
c:vil rii:i:‘.5 u'.ia'.inns a'.lcR'dly 

'I-.;-.' 3l t:x H?'Ji;cn p'jUce ofii- 
>. ;r. wilh li'.c doaih ol a 17-

l/.uiiiar.a t-5y v.ho was slut nr'.d 
 ̂ r a(!fr a p'jli'jechs'.c.

h« .. R.irdall A. Wi-bstcr of 
-VO, as h:i:cd Ffh !. t?'7. nficr 

s'/-!c a van from a so'ilhnasl 
..s; n auln dti'crihip and sped a*ay
•n y.. :c.
V-.. rv,v/;Urr> fa ' i -.vl! $;.id Friday 

u! Il-r r.rjrj jory in\cslii'..ilnjn 
> r .d  A Ii-'.-.-ral p i 'U . li.*fvcr. 
r,.a-rr.J> t-.tn Roing on sir.ic U\c

last year, according to the youth’s moth­
er. Airs Billie Wfhster.

A Harris County grand jury last June 
nobillcd Falrolnian U. H. Mays. 31, who 
s.-id he shot Wvhsler in the back nf the 
head after the youth pointed a pistol at 
him , ,

Alter the Initial probe, the state grand 
jury reopened the case to hear additional 
witnesses, but It later decided not to 
reconsider the case.

One of iho witnesses, taxi driver Billy 
■Dol.m. said he saw Mays grab Webster 
from the van wilh tils hands up. then push 
him to Ihe pavement. At the time of Iiis 

'gr.and Jury appearance. Dolan said, "The 
nest ihiiig 1 heard was Itiis ’poof’ sound 
and the kid lumped."

Caldwell said five other oflicers. Include 
Ing patrolmen and supervisors, were at 
the seeiic nl the shooting. Name.s of the 
other officers were not available.

Caldwell said lhal alter he learned of 
the federal prnlie. he immediately advised 
Mayur Jim MeConn about it.

"I advised the mayor and tlic mayor’s 
Inslnietion to me was to maintain our 
position of strict nccmmlabilily under 
whosever administration It (the tncl- 
dcnll occurred." Caldwell said.

He emphasized that the incident occur­
red before he became eliiof last June. B. 
G. ’Tappy" Bond was cliief .at Ihc time. 

The Ineiik-nl also ncciirrcd before Bond 
crealed ihe (leparliiiciil's Internal affairs 
division, which now Investigates all cases

In which nn officer fires his gun. The divi­
sion was c.sl.ahllshed last June.

Caldwell said there will bo "absolute 
cooperation and relentless Invcsllgation 
until all questions arc answered."

He said ilcteclivcs from llie police inler- 
nal aflairs division arc working wilh tlic 
U .S. Attorney's olfiec in the investigation.

Caldwell said none of Ihc officers at Ihe 
scene of the shooling has been relieved 
of duly, nnd tlial he will lake no official 
oellim until he Is advised by the U.S. 
Attorney about details of Ihe federal 
Investigation.

But, Caldwell said. "When I Iwk this 
Office 1 said I was going lo demami slricl 
occouatabilily and 1 was dead serious 
about It."

There arc reports that the Investigation 
may include other officers.

Al the lime of the shooling, police Inves­
tigators found an unloaded ,22<,ilibcr 
pistol lhal .-illegedly belonged lo Websler. 
Invesligalors reportedly are looking inlo 
Ihe possibility lhal the pistol might have 
been a -ihrow down." a gun pl.anlcd al 
litc scene by police after ll»c stiooting.

In the inilial investigation, police 
released this informal ion:

Websler slolc a van from Al Stokes 
Dodge, of the Gulf Freeway and Almcdji, 
and drove Ihe brnazeeolorcd vehicle 
Ihrougli a glass door.

Miiys. pnlrnl on llic CuU Freowoy 
near the dealership, heard on his polite 
radio that a van hod been stolen.

Minutes later, he saw a damagc< 
norlhbcund on the highway and pu 
it. flashing his lighLs.

The van turned off the freeway o 
veilie and ran lhr,au,-h a roaiblc 
Park Pl.iee. On makirg a tarn Irvin 
phone Hoad oi'lo Had Road, the < 
lost control and wrecked tl.e van.

Police said Webster jnmp-edOTt - 
van and pointed the I'stril al .-fall 
that Macs fired one shM. They saw 
empty wrappers lor the drug Qu; 
were found in Websler s p-)cl:ets.

After the ihooling. Websler was 
to Memorial Soulhe.ast Hospital an, 
transferred lo Itca Taub Hospital.
(SeeCrtAND, Pagel)



y

o

Fage4.S«cfionl ,5. ^
☆  * Kocsicn Chronidi

Saha-day. March <. 1975

Grdnd jury
• / p r o o Q

t«en convicted in federal r n . ' r ^ "  ^ " ‘ ' -  
rifiMs viobltons burhave r  ,

-=sdis3a-::ed  
iast d "n' '"'Csiica'^on. - y

u P e n e d '‘and f°M Twasn̂ r'
Moush. Wc fed Itke h fu a s  0^ ' ^ '  

•-boy to pel oul and pall an em^? 
police officers •■ k J''’ on

< » ro !^ ^ d ':s ? y :? 'h ,r ;^ . ': ; ; r--̂0 had
wood lltph Seh,w V, S h /  ■‘-

Houston to visit fnenrf^ ‘
joined the .\avy a ,d fas  t X
next week. ^  >loty ir.e

, otJS iro u b lif l th f  dice "'’•-i-
had only been insV f .  '''•”  --echief." '" "toen-.ige n-.a^

f '" •  one of her nain •

'̂ 'XaVXJcar. credit card and
ton. ^'’'^'"“ oy while in Hous-

and 'E riefw rcouy 'fii''* '* ' Eneat shock 
pe.nec. W erend ^^P'
;us: leant to k"oiy w®
 ̂ she sa il  What

s=Vs^dea:fwhenfhp f  ̂  '-^nned of her
Fhor.ecair. " as awakened by a 

'he' Houfô  tfXXXXi ~ '■"

■'xe.n shot. ;,lv h e s S s '^

■1 :

^ --r

rf
j

i

r j

r



\tAim

c a s e

Foreman says county grand jury 
- considered idea of planted gun

$ Foreman also claims jurors never 
£  found, out much about the pistol

By ED JAHN 
P»i{ B«port«r

I-ist sumrwr » U-irrls County *nnd 
Jury coa'ildci’M the possIbllU)' th.H police 
hAi\ planted A plr.tol on the body of n 17* 
ye.'ir-old liOulr.Una youth who hod been 
shot to d o th  after « police chose, its 
foreman Raid Tuesday.

**\Vc never fo tnd out much nt»out that 
fon,*’ Jury foreman Hill V-awier i.*\ld 
Tuesday. "T he kid w asn 't alive, be 
cou'dn'l loll U5 w h.il wc bad to know."

Now the conirovorslal weapon — ft 
lllrjlt .‘■•i.indanl. lonK-barM’U’d, nine sliot, 
.22-e:dllvr nwolvcr — flnorei In a feder* 
•  I civil rt,<:lil.t tnvcstl;:atlon Involving i t  
le.ast six lluiistun polirr olficers.

rederal tnvestip.aiors reportedly h.ave 
evidence that the wr.ip»in was 1‘l.accd In 
the |>ol!cc pio;*«Tiy room two years ago.

"I wnsn’l ftalhficd wllh the raRe," 
VAWier K-tiil "Wo were very roncemrd 
ftbmit the evi«l»*iirc. Mtit Ibrre wasn't 
Onmigh to Imlicalo any w« nniploint,' on 
the part of the police. There wasn't

. enough to convict Anyone." The c«se 
concerning officer Danny Mays' shooting 
of Kandall A. Webster was no-blllcd by 
the grand Jttry.

Colncldcnt.-.lly. It was the same grand 
Jury that last July looked Into "mLscon* 
duct by ft high public official." U was 
runtorrd. and one Jury member confirm* 
cd, ih.Ti the official w.as l!)rn-M.aycr Fred 
Hontciiu. The grand Jury n*|>orlcd find­
ing no evidence of wrongdoing In that 
case.

The counly grand Jury Investigation 
Into the Feb. S. 19H shootl.-:g ficciveJ 
corillU tlug li'vlimony Ut  m the jvdU e ofll- 
cent nnd prlv.ate cltbe-is who said they 
ww the early morning Incfdcnt In the 
1100 block of Tel*'phone.

One vltuess who coniradicicd the 
Ucc version. Hill List, 50. of 1130 Tele­
phone, said TucncI ly that two yoting men 
were ftirested at Hip wcnc that night but 
were never called to Ir.llfy. lie wld he 
was lU'.coui'aged tiy police from InvuW- 
Ina hlrtcadf In the Invr.sllgailen.

Another witness, L.K. Oaflern, 43, of

Pearland, whose leitinmny supported the 
police officers, said he « js told that 
night by etficei s Ih.il t.hcy d.dn't pccil hLs 
testimony tu t he later c jt .p forward 
with Information after r. .id'.-g the n *w»-' 
p3 |vr arrounl-s of a wllnevs he diJn'l*
ftp ce With,

A third w'iinc?-$. IJlIly Dolan. o f  
'Alvin. s.iid he Ted from the srcnc thal 
nighi In his l a s lp b  beca ise ho was 
afraid the police weie mad at him fo f  
trying to help rh.a'.e down ihe san uuvW- 
they were after. He b ie r  r^ve tcitiirnay: 
that Web't'T w.is u *arrn-d when sh ii * •

Hoiiili'ide Invf.l C'jle.-s s*IJ Wcb.UT- 
nlso h.nd a lecr-rr.'l .i b: If Inch ''H'.i -k"; 
knife In hl\ Inek p'*">et, (-)uf co 'jiy - 
Qu.a.ibidP piU wrapjors in h!s w.nilel .^nd! 
ft p.iu* of dice In bis front lyx'KCl when he; 
died.

Tom Dunn, tl»e prO‘.reutor wh>» b d ihe' 
grand Jury Inve.sltgjtion la .t 
i.ild T uf'd iy  Im* was *urpri‘ .*d and vid 
dene«I by Die news th.H th-re w,is ih»*

t
rieasa »e« K«rrm*a/iujtr y  \

p i  .itrl.a Good morning!
It's Wednesday, March 8, 1978



e-gurw

T)i« Hainlon Peil/WtW., Her. 8, lP78/23>V t

Foreman says jm y considered planted gun idea
Q From pr.GDi 3
po-AlM'.liy pf'lirr liitil «n vmlo.ul-
fd “ tiuowdo^n" j>Utol Bp*r Wrhr.ter’* 
brvjy.

'■v.‘e fncm ben  of Ifie UWlrlcl tttor- 
uey i  cfllrv) cover considered a throw. 
<Jo*Tt uhjr would jxtlice pL«nl a
comf.IetrSy untoAiJcd wf.npon.** Uiinn 
ejrpU.n<x1.

Ar>.cd If he Ihonthl It ur.u.Tuil that « 
would puU .in urJivuJcd *CJ|>oq 

ca police o'llcrrs. he said, "U  was won* 
dorM about, but la vt''w of the other ac* 
tior.i Ihst n!(;ht . . . look, I don't know 
wliat the Jury uo.idcrvd.'*

lie t.ii 1. ''V-hfo a jh*i'.rem;»n coniM In 
.nd '.Ae-in cn a Hiblr. yun'ro •<»
t'^lieve him. You r.in't .il*ir.e the tru'.l In 
him ••

Ilf *.ifi the weapon \VrlKt**f wni »!• 
I r j r d  to have ca rr ie d  was cheeked 

• Ihrouch ihe Ali ehul, Toh.ireo ^ Khe^ 
• rim  Uurx »u of iJie Tieasury IXpurl* 
ment "At Ih.il lime U was clean. l>i*y 
mii.t h u e  done •  lllilr e tn a  .tomellUn^ 
Ule'y."

The aT>' rehive«1 Ttic'.dAjr to d lv im  
the c-«>e ■inew It U now undee fedrr*l 
lnvc*ilj[(Ulun. Tl»e ATF realdeni •jjeol In 
chart#, W.M. Iluihgeb, u ld  no agenl h i t

I 'cen  i!nl*pori»ed p f  tpp e .a red  he fo re  ■ 
i lB ie  d iM i'l i 't  r o u it  |;r*n il ju ry  In rpiinet*. 
l io n  n u l l  the \Vrfr.|«-r cnv*.

A ncmiT In the ll.inis tlounly ilL'.trlct 
•  Itorney'i nflire s.i!il feder.il lnvoMlj;n- 

■ for* first trared the wca|>on to the Globe 
Store, 6ivX) IVIhilrc, where it hfid brea 
*htp|»ej Iro.n the manufacturer on Feb. 
27.

During Ihe grand Jury Investigation, 
ofllcUls were un.ible to dclem lnc whal 
h.id happened to Ihe gun .after IDCI be* 
cause fcder.tl firc.inns rcglitralloa Liwj 
had Qot l>ccn ( nacted at that time.

"Aflei' lh.ll jiomcone Rct smnrt and de- ' 
cl(lr>l (o chirk with Ihe store bill of uU 's 
rrron li U’j  tl for lrir*»u:e t.is 
Ihe source r.ilil. "Thi n (licy liiu cd it to n 
f.unlly hcie nnd 1h»*n. piviunjahly, to the 
|»nhre |»ioi''*tty riKJin."

InveM igaiprs are sllll In c ln g  the 
fVvMli ih.1t over A ye.ir ago letl to Welv 
•ler'a tlcuih. Ileie are tfie voryliv,( ne. 
comibi given lo hmnlrlile Invr.ilKnloni. 
w llo e .rsn *  le tllm n n y  and m ed irn i 
ri|«>it’i:

At 2:?9 a.in., Feb. ITfl. an itl.iim 
went off at ih# Al .tlnkn IXxIge drnliT* 
•hip at TK'O Kle»*kly, A |wtlrol imll nenrby 
i)uickiy d('iern»lnt\} aumeone ItaJ broken 
Into Uio biiltdinf and diiven a no# van

nut lliroogh an aliindnuin and plate ciiiui 
|)niti<l»ii.

Momenti later nllteor M.iyt iTiKirted 
hi'.thnif A dcM:rl|>ilon of the ml.'.iirg vun, 
cow one sImILif tu II being diivon south 
03 Telephone Hoad and p:ive cha.w.

About Ihe same time Dolan, uhn w.is 
drivipg home In ht.*. tivicab, saw' the po- 
ne'e ch:t'.c in the tG-00 block of Tek phono 
and Jiiliii'd In.

Dohn c.itd he was able to force the * 
van to slow tio'.vii aUliounh it w.ii sw erv­
ing back and forth across llie IJghway. 
He raid the van "spun onl'’ frying lo 
turn off Tvlephene onto Ilnll Il.Md ns he 
And three patro l ea rs rou tinuej Ihe 
ch;v.e.

(.hi .viiil be W M1 w.tirliing leh'vlrlon In 
hl.v home when tm "hc.iid .sUimis and a 
mnnhig ll'in IsiHle. I MMi.illy don’t gel up 
when there are  slrenv, but wlih the 
sh.vdiiig it w'a.s hard not lo noflrc."

Ih.wcvit. there li no cvhltMue from 
P4illre offlrora tli.it any shots wer# flieU 
dm log Ihe rhiiNf.

IX)t.in, who puli'c K.)ld Kdd Ihem he 
h.nt t.ikcn ri hnliuilogy cuni.vrc In college 
ao'i Once applitd tu l>erom# cn odlecr, 
pidhal )di m b nnnimi amt Ivgun driving 
up on Ute van ns polke converged.

Ht Mill * potico offU'or grabbed Web-

i l r r  !iy III* l i j i r  .uid j' lkc d him cut of Hit 
von. Aoo ihcr 'UfU'or g r ib lr t l  tl.e youth 
and threw him  h) Ihe gri'h iid, p h n lry  
one Ilf Vi'cUvtvty Arms Um caih  the su.i- 
pocl'a leg.

"The ceps got dowm on h im ," Ool.in 
testified. "T he io  was on? c r .u k  that was 
very soft like a big p'.iff of a ir . l"he nffb 
re r  ! r l go of the h.ilr nud the n.an'n he.id 
h it Inc gro iM d re.tl qu ick. It buuncvd up 
and then went down rc.il tlov/."

DM.xa Slid h? w;\$ "col mote than 10 
feel away" when the shooting occurred.

"You got hint," Dolan said he told the 
pelke offiHT.

Dr. .lu t ph .T,irhlmri»yk. the Il.irrls 
Cnunly M' dtr.il I'>ai:ilrrr, s.ii'J VV|>. 
tlt 'r’< 1-0,ly cnul.iliv d no alco'iol nr drugs 
at Itu' time of hi. di aih. He '.ihi he fcui.J 
no p.uvd'T bill le; on the b;.«Iy.

lie s-i|iJ the Oir.m cupi'.r ).i<.k'’t''d bul- 
In  ob.o grated llie p.ihn of Wel»..i.'r'l 
nj:ht h:n>d iiinl Ihnl his right wilsl w.ik
f r a i i i i ic i l.

I.l'.i s.il<l ho ran from liiu bmr o «i Ihi 
pullremi'ii mine up mi (he vtm. lie i. thl 
I.e w.1-4 nW»iil f'Vt Amy when he saw 
Wet -.irr come out of the van with bit 
han-h up.

"The kid w»s either kicked, knocked 
dr ordered to the ground. Kivt to U see*

Oil'll laier ifirre w.ii • rh'M. I ran up and \  
I r.\w n<> gun. j’jii ll«* b!'.‘o.l I n.ij Im*., 
r.iedi.itcly o rdered  o<( the scone. I'^ 
thought At fir. l̂ they ndghi want me as a-, 
W'llncr.s but tliey definitely didn’t want.' 
me there." • ^

Daffcrn fl.ilmcd ho tve* an cb.'^ct In-: 
Wob.'-fcr’r h.id J ivt pHn** io Ihe ihivuinc. • •• 

I'Almlnuin N. W. Ili)i|.ru.»y j'cjvirl'vJ l.i^' 
homicide Invciii'f.itors that he yelied lo * 
Wvhstcr to j;oi c i i cf the van. 'w

"I olx.crve*J the actor with a p’lrlol in5-;‘ 
yelied, *He hai a gvn‘. '* Hf.lleway sai.i '♦ 
ilc toUl inve;tl.'atcrs Mayi wan lv?v.eci*‘ 
him biid Wobiicr nukirg  It ••iblc7.
fer him to fur. He f.ild i \ i  ilmn 
the n iter f.'ll mhI he then | ‘!ck('d up Web-*. 
st» r ’l  i.l.'dol. 7

Mays .short statemerit to hnmlcldk • 
lovfsilg.iicri Ir'ilir.iu.n he mw- a ii!N« In* 
the v.in on Ihc driver’s side during the*
th.'iso.

Al Ihc cml of llm c h i’**. Mj)n m M.** 
" ’Hie m.»n In tfi«* \ao  sl.iilt’d sU'pptng 
fiMiii (he v.m I find |.ulU'd niy >pm uut of 
iny hcl.icr s i  1 bed Htc van •• #

"IMh'ii 1 f.cjiJ the patiuliiuin hollrr*’’ 
Ir.g I'lal hi* hnJ a pi'lnl 1 (ucd al ihc^ 
man anil he fell. 1h.* plxlol (ell fiom h ii 
band ard wa.n l>1nf bclwren him and ihr* 
van," Mays aatd, - *



o

...» A3TflE T.^smNCTON rOST -'•

Susp&cfs Death Renews 
Tex. Police Controversy

By Bruce Cory
S s tc lft l tsT ^ e  w » l^ !ru ;tos T o i l

HOUSTON' — fccicra! investipa* 
lion into the 'hooting of a rob­
bery suspect b>’ a Houston police of­
ficer early lost year has raised new 
questions about the conduct of the 
c l t /s  esatroversiai police department.

Police Chief Harry Caldwell has 
confirmed that an unloaded .22-caI. 
revolver the suspect ailepca'y pointed 
at an officer hed been in the depart- 
rnenl's possession after it was rccov- 

• ered from th-e scene of a 1jo4 suicide.
Caldwell said police records show 

the was to l.ave been destroyed in 
1958, a normal police procedure. *Tt 
is pretty damn obvious to me now it 
vas not destroyed,” he said.

The case has aroused suspicion that 
the weapon was a “throw down gun" 
planted at the shooting scene by po­
lice to justify their use of deadly force.

Some local defense attorneys have 
charged the district attorney's office 
here was less than vigorous in investi­
gating the shooting, a problem they 
say is common in cases of alleged po­
lice misconduct.

" fo r years it was traditional that 
any police officer who shot someone 
would he no-billed” and no action 
would be taken, Dick DcGuerin, 
past president of il-e Harris County 
Criminal Lawyers .Association. “.Al­
though that's changed somewhat it’s 
not because of the grand jury but be­
cause of the pubi c*s outcry.*’

Coming on the heels of the federal 
court conviction last month of three 
former Houston police officers for 
conspiring to violate the civil rights 
of a prisoner who drowned while in 
their custody, this case h.ns prompted 
appeals from minority group leaders 
for creation of a civilian police re­
view board.

Two of tlic three officers convicted 
Jn fcdcr«al court h,3d also been in­
dicted on .M.alc nsurdcr clurucs, but 
had subsequendy been rnmieted of 
criminally r.cuhgcm ho.'nicutc. a 
lesser charge. Kaeli was sentenced to 
one year or. pr*>b.i: ion.

The .McxuMa-.\i-.’.rriir.»!i P.nr A'soci.i- 
tion here and Gmntiltu.in .Iji.l.-on Kohin- 
son dr., Ihe milv hUnk elected
official, say pre>er.t tnvesu^.i'.ory safe­
guards .Tre inad-'^iuaJo.

Mayo.* Ji;:i .Mcv'rrrt. hnuvver. oppo.scs 
revirw I'f j'Mh'.c achi^n l>y endijiis lint 
f.vtwihar \u(!i police uuik. ”1 llitok. it

gets into a very political thing other­
wise.’* he said.

The present federal Investigation res­
ults largely from the efforts of John 
Webster, a Shreveport, I.a., ho-mcbuildcr 
and the father of the shooting victim, 
Randall Webster, 17.

Webster said ho contacted the U.S. 
attorney’s office in Houston last fall 
after a Harris County grand jury 
cleared the officers involved in his 
son’s death.

**I knew that Randy wouldn't co.m- 
mit suicide, and that's what pointing 
an u.nloaded gun at someone amounts 
to.’* said Webstc.’*. He says police and 
stale prosecutors made only perfuse- 
tor>* efforts to investigate the case.

Webster’s belief that his son was 
unarmed is supported by Billy Jun­
ior Dolan, a cab driver who said he 
saw Randall Webster attempt to sur-^ 
render to police after leading them 
on a high-speed chase in a stolen van.

Dolan said tvro officers pulled 
Webster from the van, one held him 
face-down to the pavement, and a 
few seconds later he heard a muffled 
gun shot, “like when you shoot a 
watermelon.**

Dolan’s account of the shooting is 
backed up by another witness. A 
third man supports the story of three 
officers who were at the scene, who 
say Officer D. II. Mays shot Webster 
when he emerged from the van with 
a pistol in his hand.

District Attorney Carol Vance sard 
his staff relied on a report from the 
police homicide division in present­
ing the case to the state grand jury.

The report said the pistol found 
at the shooti.ij* scene could .not be 
traced beyond its siiipmcnt to a local 
discount store in lSv4.

"Of course, hinrisicht is 20/20 but 
in liglrt of the witnesses we had. we 
didn’t have reason to do an independ­
ent investigation of • the weapon,” 
Vance said.

In future such cases, his staff **may 
do a little,more Ivi: work” ratlicr liun 
simply rely on j:oI;cc rci'orts, Vance 
s.nid. and ho in.^y bring perjury 
( hanre."; aoainst the officers who testi­
fied licforo llio grand jury.

However, ho will await the outcome 
of the fcdmal invc.sfieation before 
ici'prnin.; th<r c.i:'o. **Uc would not 
<hi|ihiati* anv Mih^lanfive chargi-x Ih.-.t 
may conic Irom that InvcsligaUnn.” he 
said.



Dt« Houiton Post/Thufj., Mor. 30. 1978/3

t'/sfeslcr csig© c|ii©§tioii§ ,uii£jisi§w©F0(d
Dj- PDi'i, iirrviCNnit

lCr^vir;^r

II ' V^’ " Wotrjicr nrmrd on 
ui'.' I cl.nMfy nî Mr more lh.in a ycararo 
“•ron i.e i.liot to (Ic.’.ih by a Ilounlon 
IX'iK.x- o.'lu'cr?

A i.-.o-ilh adcr Police Chief Harry 
C i IJac'j r.vd ,‘ie le.inicd Lhe care slid 
b-vj a n'jmU’C cf utL-ciilved q'jealiom, 
th is  is ihe p rin c ip a l focus of the invfbiîaiion.

I'icbsl'.T, 17. of Shreveport, I.a., was 
shet by ol.'iccr D. II. Mays, 31, early the 
n-,crr,ir.R cl h'cb, 8, 13T7, as Webster 
Ju.v,icd Iron a stolen van moments after 
a b .;l;ip :cd  cb.ise wii,h a jun in his 
taiOtJ. p-.'iice ,s.;|.i at ilic time,

Moai.V; later it w.is ilclennined Hint 
po'jce leccrd'i i,o<;ic.tteJ U.e pun was In 
the priifieriy loom .\s of May. K-C3, 
and was ,>iipp.a'>?<Jly desttoyed aloni; with 
ot.ner coi.liscattd (.mas during the .‘amc 
m-anth.

The i.s.j.licat'ons of the dlv.’ovety wore 
ob.i0.ja to nivejii,‘;.,iors. Was the we.ijion 
a so-t.iiied throw down gun, a pistol 
dro,-(»sl at the teene lo jusiify the slioot- 
in,’ *1) V.iys?

'- i i if ie ii  eunipcd a lid on Ihe ca.se
alter a meeting with U.S. Atloiney J.A.

(Me'mVs analysis
Optnion ond iolcrp/dotlort 
of the wntff included.

lony Ciii.ilo.': In laic Kcbruiry nmJ 
very liUIc been said publicly alwut 
such maud's as why ihe case was even 
rC'jponcd.

These arc some of Uie yet unanswered 
questions in Uic Webster case;

n  U police reports are not correct, 
Uicn wi^i were the circumstnnccs sur- 
rounding Uie ihooling? Was it an acci- 
cent or was there intent involved?

n  Wh.al .sun of information did ollicer 
J.T. Olln supply invc.stlj;ators that caus- 
cd litem to reopen the Invcsilgallon? A 
sLilc grand jury l.v,t year could not find 
cvidnico th.st M.iy.s and other officers 
were nitllly of any wrongdoing.

U What Is ihe explanation for the dif- 
fenii,; reports of what lime Wch.slor 
died? The polire dcparlmcnfs lioinlelilo 
reiHii l s.ii(l he died .it :̂03 .vm., but the 
niodlcal e.vaniincr's report vi..iw* iho 
youth died at 3:03 a.m.

Ti Wliat Is the cxidanatlon tor Ihe dif- 
tcicnecs in the hmiileiile written by the 
polire and Iho irnlical examiner's cxid.i- 
nalinii charliii); the course of Ihe linllot 
llul hlllnl Wi'lisler''

■file imliee .s.ild Wcb.slcr had two 
woutid-s itn ciiiranec ami an exit in the 
haelt cf Hie head and a cut on lltc Icit 
p.slm. The medical examiner'says Lhorc 
was one entrance w-dh no exit and that 
the bullet traveled from left lo right with 
port of tlie 1/ullot splitting off lo liit Web­
ster s right hand.

n  Wa.s Oic gun Webster carried ever 
chcxrkcd tor fingorpeints and do the qu.aa- 
ludc vr.uppers found in Webster's walJet 
luve any bc.iring on Hie c.i.se?

A lab report shows Iho (;un wa.s exam- 
In ^  hut Hut the pla.slic handle.s on Ihe 
grip niaoe It lmpo.s.sib!e lo run a trace 
niclnl lc;,t. There is no mention of finocr- 
pnnls and an .niilopsy found no trace of 
diugs in Webster.

n  What Is depnrlmenlal policy on how 
lo prolcv-l murder scenes? At le.ast three ' 
iwople who were cilher wtliic.s.':ci to Hie 
.shixilliig or wcie nearby at me lime vild 
they «crc (llse...ir.-.sod from remaining 
at Hie .scene •• .;.i„ j,.,
lives.

a  How did the nlno<:hot. long txarrclcj 
.^ e .ih lx T  revolver found next lo Web- 
uler ,s IxHiy gel out of the (xtlicc proiierly 
rtKiin? *

If the j;un touml next to S'.'ebslrr w.\s ,\ 
Uirow-down, Hi.iii how many oilier such 
wctipons have been removed from tha 
property room over the ycais?

Procedures ^̂ vc been 
lightened considerably in recent months, ■

i’ pornographic •
n.ovics held as evidence were discovered 
missing last fall. ^

n  Why did the in itL iI investigaUon cf 
the gmi s hxsloiy I.xst February rc.sult in 
he lepori ii,.t i the gim could not be 

traced lurUicr than the Houston slo ^  
where it was sold in tW,?

nog.irdlcM of what CaidwcU and Ca- ' 
na cs may now know. aU ihcy've admit- ' 
ted so f.tr l5 that Uie weapon In quesUon 
once w.\s in Ihe proixTly room and wrap- ' 
OILS rtcorihs show it was dcMroyi-d.

nut nine yc.irs Later, Hie weapon is 
found to exl.sl.

C.ihlwell li,as promised an.swcr.i lo 
some of these queslloiui and $ajs there 
will be di.seiplin" for niiyone who ni.iy de­
serve It.. •r



o

Friday
March 31, 1973 Hoo»fort* *s fomily Newspsper

n a n 'T*A
R

U '<£j> on charae
© II !

l y s o g CS:? ^  U W  J case
t y  MC5CXLrBOl-V.NOCV«**f<* SufJ

A P u r l j r ^  fn y i tr«( n^ rv 
^ * r t ^  «  ■ * r , « . : u : ? a f ' m  * 
»t»'e |::**d jurv » «,..• •io#i ro { i - j r  ,polke >ti irt

t» - :»-*;* ont of Km; 10 a 4j j.xy
IB Vt>~M •¥

Ka:e Dair.-w  «  a
«wirv*rjr *« . T^u/».
«»y t f  a f r r v i !  ?a*», rn  : V
4*»;j ol R v i * J  *<'^ur. j* t !  5:j ».#.

La
Th* mdKtTTve* a l? - : «  j k i -  nafO*n 

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poIk v  o ff»m  Di«rf% H M a»Jr^  
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r .n  iron jrs< t to A{t.'‘nu M...* me >9vtti
pe«r< i a 5*J« a' fiim.

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p n i ^  a l ' x m

BvU VawtiT. fo ivn -w  >J V-^ i* jro  r* v r f  
to>d TK.T iila* iP i :  P a l'- . - i i  entj. 

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Ire '.r>i M a* i --or^ -wr
Irninwifi a l C v  k >'» » v *i *r3ar«r VtVj TV«* intrt w. frr*.

•  r^fC^A'^L arriv ed  iho rlly  a f:e r iN* *Sy><:ng.
0~* of iSe «ff-eeri John T Ot:“

aa» cr*.*,t-3 t-.m-jritv -fTMti 
?^-ofy?T /r by IX orii a-a.-v- jv.*> 3  ex- 
f i ' C r  f‘••f Piv Ce -̂Tory n  the raw'  —va.i>.T r<vni\tr »ai }ov;.-rt r»a* 
■*r*».;er a'*.cr O e a.-j.pri -c C-ve*
^A-*rv fa t!** !! fc«» C'rNrr>rd f*.i* fV

•* j i  jov-t IS I*.
•X— »K-e ev*;rf*« t. r.,ii ^.v -j
i'lC  .•ijlrr.^'ced.r.,;. a.'id r tru r- rd  at 
V ir jd r * t r * - > ^ f n r ^

A: {hr ri-n.;.->i V  Av-iuan t S  .A:;,'r. 
n ry  W iry  U  S-rcffvM. t S  £>i«‘rict 
''■.‘‘i* So«i N. S!«r.nc ĵ . « 
r» ~ ^ rij 'w ^ b o fv ' fvf n r're rn

r ‘j:>g t tM d  a Wimmona tor Dai'ern

to a;pear\ot.i't*j''iJy i*t)rr 1 1* S rratii- 
t-*a:o >nr a hearing .No da:e has bwn »h  
lo.* the hearrr j

( ’ a*frm covi J po( be re xhed  lo r eorv 
crrflt

If co flv ie ;-! pf {*:e perjury r t -a 'je  Oaf- 
l- rn  fa»vt a navir--_-n penally of l*vt 
years in  :r :* ir  »ri a V-i W fta *

The t.nd».rr »ru
ro e \  X c n - e  b> a c* '.xt ear
o; t v  »rc'»n v a t  W yS tr r  » a M f r ; v r ia - r t  
If.* jr.die*.r3 a? Ha'? art? TelrpoiKie R.*a4 

l i  M*d f'4 ‘ f»rr w i  e r«  pav*  ft ̂  a 
l»*!e>ir fo t r  j t  ,i the va t Me had a r  « . • «
■ 1 r.u r .:* i h a 'd  I pr«iu7ina i i  to be a 
f* .t VV.-., ;hef .t * a i v  n j .  I Con t k r « , "  

Ds-*ter~ u r ;  ;pe n an  » u  atanjeof s t lA  
hu  fcane* at L a  aa* wh^n h« »aa i L x

P x 'p - a  * e .r t  r» Kivar:.x > .c *  and
n>?* a v je * -» e f  v . ’ - re  n
tx  e n s r ih s  *.'-ar :.V i  -n c '- 'a

Oa"*r?» M . :  V  s e n  a  y v .- e  - » v n  I 
read an a rr ic  e ut t v  ; i j r r "  aj*'.? a * w  
ee • . ’ •env * .rn re tf- f e : m l V  .'.a** 
p,fjr:*at H e tn 'e r  3 d  3rj< nave a f - i

The » 'v^ a  «)«  tax; :ax f e e  
5 -fy >  a»\. :V  y  V  .T  - V

i.*« *taie . r r e  p .- . . ‘ ^ rr
L s fw - . : .  ;«> I,—  a-r e v n  V  ;  ■.-»
v x n x '- c tL x  he c d  rj-.» a

Va»mp. e «  seal* jra a a  p^-y

(See 5LW 2t

Mi.n eccLfGsd
'  !* I ,

t f •Sf*»39n s fa;:.ng
( F f o n  P j ; e ! )

•'rrre^h"*• f V r e e  » n i;e ra -e  
Ue hj f ra re>«-n tn b- ofrr>fi“ • rv ■' hr. »*d
He v>.: nrff«ro w i r r K . . - j  jhe feii;*

•'.trm  •nietrwrv M't*it>«d ba be xat- 
iT-v;r:.r; r-. rve-t 

K v e iv  fo u n i)  I, . - r ^  .Vu.Trv Carol 
Vaare a« d ihai • i-r.> »»*. tr.l.ei» ui
W ^  L .-i  lr»wn .-.-y ytx,‘CT •« »to-v text D*.lrm " ’arenvr* t*;!. rnt •*-j- - 

I I ? . ,  -  L .J , J  | . ,  : „ „ ■ ,
• la l,e^  i( V  very . v..*yL s inai hr c,̂  a» •>

dnimt-Jif •
Tnmm.- I X m . l u . v r  .vt!»taoj di< lfir| 

h v -G -u  Ihe e rw  M e r *  i v  
« -* r*C rarl|w r> ..*4

“ I fta i 'v  don I I* -V It V  arr-ri  ̂
rrivre l>f n v  m a e . | i | - ^  t w n l

atk-M 0.1, Ib j i ,.n»  p«hj^



[T .j'

lJ L
Good morning!
It's Saturday, April 1, 1978

iijicer m
1 0

r e i ' i i C Y e d of y By cii:
OTfircr J'lh.n ■!̂ orn.̂  ̂ Olm. who hos 

••>nJ crdMcd 10teiiUy ;n j f... :• ,u,.y j.,
!/-C ihv-,':-.' i. . h ;'n,i,]l! WcK i.t . 
Ivvi l^T-n of 'July, r(r;i\ion0- jcf .''.-i.-Tv •.•ki hridoy.

.’.ff.yr.w,-.;:*. ir.» jury concliidod
th» lV‘ ir I  h-,;.. r.; Its i;;vt:.|.soiiDn after ’ 

:r :;rr',r y f.*' rn two
if .'■-riv-;.ort v.ai 'hoi 

ard ki;lrj fjy efl.c-r Dnnny H. Mays 
afir r a !n.:ha ;.i i-d chase In southeast
1- !o ';..'on  Kt h, i .  :/77,

The Inv-.stiqation has revealed that * 
Tah ;*Lee clsiai w.v. drawn by Webster 
bciore he was shot had disappeared 
earjer fror-. the r<,lice projeriy rô arn, 

f t  lire records show Olin was one of 
the f;r:.i three oflueu at the scene when 
WclAlcr w.LS kilhai, Ueforc Ifie order to

testify was handed down Wednesday, 
0*in had taken the Fifth Anicr.dinent be­
fore a fcticral jjrand jury inve.sliif.atine 
the c.xse, an asssstant U.S. ailoriicy said.

Caldwelf said his action In reliovinr 
Ohn o.;cu.-rcd last week. Asked why Olin 
was iclieved and olhc.rt were not, Cald­
well said only,that Olin Is "vciy iinpor- 
Lint 111 my ca.se . . .  he has u very key 
role."

"Approiiriale action Ineolvini,' olliers 
Mil l>o i.ikeii laicr on," the chiel .s.ald. 
addin;; llial lie wses Iryinn lo act In coii- 
Jiinciion with the city attorney and the 
U.o. .itlorncy.

The chief Mid he hopes lo finUh ihe 
tlepsinmcnrs own Invcsllcnlion next 
week.

Tlie action coneemln.'f Olin w.is Utken 
Caldwell .said, after Olin cave a sbtfei

Thcnl and alter Ihc local dcp.srtment was 
consulted.

The action, which Is with pay and for 
an uiidclcrmiiicd period, was not Liken 
for Olln’s safety, Caldwell said. The cliict 
said the city attorney h.ad advised him to 
relieve Olin.

The fetlcral prand jury Is evpocietl lo 
meet on ihc ra.se apain diirliiy the Iasi of 
Ainll or Ihc first of fday, niimvim; time 
fur tile U.S. aiiorney's civil n'phis cllvl- 
Sion lo compl e t e  Its pa r t  of the 
lnvcstl;;ation.

I..F. Uaftern. a Pearland mnn who 
first supported Ihe police version of 
events, was indicted on a charge of per­
jury Thiirsd-ny by Ihc grand Jury. Ilo 
adnillicd to The Post that he had lied In 
k-iyliig lie saw and heard Ihe shooting.

/

.. J



Thursday
April 27, 1978

Hooifon’s fomily Nc»̂spap«'

Placed by body of feen-agcr

: Officer adroifs he
1

•-W \Stif u idfi U

I! ?
r , ^  i F^ ,
. pliaii Si gyn

officer adm ih he 
supplied planted gun

<Fro^n Pagf U

f»M.-:Tirx « *rt«ef 1 <♦»«*• “
8 ) f «  »pc-r*:~J<l -* vA»Jf

• ( i n m f .  c  A rttv^ij r n f ^ J i

“ W  )Ju  k > '»  Wii*
»3»  w  pi’X* i~̂ r - f l  b> 'k « to U f  » 
bDC>

Si-f'.ftrw * i9*i B y r d  r r* * im u m  
pr*jc« i m  e« l^^ u  c r w  > f*n .M*»—jnf.iwnP»̂

A pJO‘
to  ev-*tifr piv.Vi* >Pi<rfw»H ei wiur 
puUry'xtrtr’i t ^ f i - *

eUwtr J-dvi T O'**! !T. 
k »  "irra t,-4r'»-1 :fn -m .-iiv  f r j n  o r 's« .i* - 6nM frd<̂»* f'J* 5 »*0 i**'Irg th* i/̂ th (d
CAji y^t >yn r*l>»x«̂ rt tfuy •uh pay 

p r « r  ih« ?o**c»lri<rrJAff»>r»C«»i» •«
Apr**̂  e/'.icrf. A M.

• > i  m  JC-. e£ v-l 6-̂  ̂ -r-:*. pay o* A pnt t  m
*0»WW«“> * ' O'* C J:^

A i t i i e  c ra M  ,j.»> i» «  "*& •!>!
S»a>s >'tc» Pwar.ng •> •*- 0 <

) . v i  V r W « r  a M b s  
kanrf kSTe M a » » h - * * -  •

TKj« U '* ^  Fi’.0 Pirtrn. a  aennrarty r-? ot Pgartjntf.
•  »» tfklK-le-1 «rt V j « '»  <«i •  p t r j u r y  

.  c^■arrv 6y ts»  fr'^^ry. C 'V J  »vr> 
kry uAJ fc*Vral «<Kr*',i . t . o  K*
•ra  tftir 9f w»r a r^  Ij*<
t o  to  i‘J

Tto U*V»^I prsrd to<J« ft*
t o ^ 'g V M *  <j>-t >»*• i» trX9tWlI *11 FT- ' ~~ j

B y  MOSELLE S r ,L C * *T>
C t o ^ c to S L iI I

AHou*f«pcJ;«.'»or*‘.i*f LiJav 
to  1ri*nl <**u^ pr-iv»^rt a  lire
*fTTt w  a -w 'to r  Qf1>crr to t ' a c f  t o t  i a  i to  
br»ly e< a t « n  a r ^  au to  lni»ft > »^ p« t kul-
« U t o p 0 4 c a a f ! t r a h : i ! '* r r « ^ r t ^ .*

T to  cru-ninai r / .> m 3 t ■-» a ja"* o l offi- 
c f f V k J i ta r tB  6 '- d  .< a i i w > * i r ^ - f «  
a rra fV i fciirt t o  5ro%U'< a  ju.*’ U  ra trM  
Otf^toT N-'Tval •  H-v'f.m •/. ’* * ' 
ly  p ia c rc  t to  lpJ» to ^ ^ >  LV U»t;' v  .U -t 
Ball A t? < e r .  I t .  of 
• a a v V t  lo tffa-.n  F fo  I  l» t:  h '
O anov M a «  3», •.”» v*.*toa»l 

IvT d p ia a tW  r « l ‘) ^  ^  D ik tf f l
J'*hn V

j4L V 4IR U I*f- » 3 ''l»  g  hi* •>* ^
indik-vd by a ktA"-3 I-rO *-*'•*•* 
tS *  f i*  * <n.T»iril i,*fof»ra-
Ixyt aca>nit h ;m  x* L«« cf a a  jT’i .c a 'F ^ a  
on  t to  I c d r r J  c h s r j* .  o(f«.-«i;> ea-.ad 
B̂uspmortoi a  frlofiy."
A * » ir jr«  U S  A’tra -* y  Luc* S a l i - u  

tcM  S r j f t t 't n  •J'X  Lto t« - - fn 'r te « t 
a*to«B iT Jt B *S>-nl **» t»A>/y m i-ry t«irt p<WwB,r.i Of irul w tV •eor«f 
e a sa . t o  * t:i be w . B  u  a  c * * « « U fi 
toa .''y  iV itx B  i>>lA*t ta » e .

T > ta  to  * i l l  "F>< to  rukXrO a* a o  
crerTpicacoe fo r « io t« t ra  th e  f i a h t i  ot 
W e b s te r .  r e w ;: t -g  m h«* S e a tn  T h is  
c t o 'a #  »*arr;«  J m je 'j f t 'j 'n  iu'e v " te n c *  

a*i*0  tn  p ''t> 4 > a  e*-v
UftCV'l i» rtJ a.1 f;l.u>a! r r .a 'U n  o* the 
W 'etotee CAv* t o ’ e  been c o rrp ta ^ d .

S a l ir a t  prri>ndf<l rV  firM c*.bt< ae*t«j»* 
iB b o «  I to  r t "  J ile . '- f iy  P^oreB a : c »
e ce rjt e( fiea'.h He 4>a nrA ♦*•
p ittn  l ie  w u/<« ot th# |ower.-.Tv4 a 
fcrfim-.atii*'.

SaJirae i-!4  S ." te t.< n  th a t B>Tr* A,-ov* 
wo to  i to  iPwOi'r'it v e r e  ar-4 a'vVeO 
waw iw to  r.*< it-i! to-ea e f a r f r d  <h* 
ca>«* 'ft*<  t 'u .r f  on 

H.. v .* ..y  fr} ̂  i r a t  IfayT h a d  bU 
w eh ^ trf  on Lhe heoJ ^v .h  h‘* r —̂  Lto 
f j n  »<•?!»*, aalL 'a*  ia»d.

8>Td f j »  w «b< trr » b'.**difte t»*ty a i4  
a.'te< a p  ai'w »'.i u^e >■'•<* e<f*-
f — j  B ; .r i tc e  ahur>N *Jfd  S o ' s e r r a *  
frnrti h*> p .'trn i or a . u  >a»* K so Ko<«w 
•  «>. S a«na i a i'.rsfB

H cl'»»»y I to n  p 'x e d  t to  un W r^  jler * hAti. Syf;.*** ttid SweVton He 
w -d  W ito W  <*a» w rin r t rd  ' ‘ to n  r>* » a i
a.-r«*rl r> l SfO‘- tCe f  J« o a i placed by 
Lto t«*J> u  v .to!-hi;a;e a  fafae » » r /  Ltot 
.Vay >>■'•* in Kifdeferi**
. J T j) i  V ii M id  tha t W eto te r p^ytrtH  a 
f j i  a t The f4f» -Ju t pwl-T* M 'd  to -  
U nc-<  :a  W «b-t»r to s  »»nc* been U '> ;H  
t-» th e  p n h e e  p ro p e r ty  r o j - a  P o i . f t  
rT*»v-.»fal>ely M y »-to iu-n * i i  de iw ry e d  
\n '.ASl

T h e  en tr.ina l tr l '-rm a u n n  j ia t r e  f*at 
B>rd kee-# a  (el-4» eon 'h '.tced . UA 
d i rn< r ’.ike it k.-iown to  ar>on< ja  a j-  
i r  *'My aric th-.t hui acuon  a*crd O f . r t r  
Ma>» C e p rm r.j • e to t e f  • /  t i*  c ; .d

l S « O f H C t R . F a j e  I II

/

■<t ’■ —  ̂ ^yrf

■\

p i r l n r  O H i r r r  W ith  m t t: K> n J 
(;S a !«■ I’ fjl
ph.utf iti *i”M ia;:!» tH.e
rt»-.iflir>l K.i.-hJ.ii; Wtlr-ur. fT.u.n
^.b l̂ l'r.7.



a i r - ‘C o n d i t i o n

0)

c o n v e m e n c e  i s  o v e d

By h':) J.UIN 
Tml lU'i/oricr

Jo^.n Wi'V.icr «anL‘: lo come tack to 
the city ttl'.crc l;L'. wn died.
'■ “ I don't v^ant lo come tack to filcat or 
be î .̂dlCll\o,■■ said the f.ithcr of H.nniiU 
Webster, a lT ycar-o!d shot to death by 
poil.v officers In Kebru.try of 19r7.

"I j'.ost want to liwk in the f.iccs of all 
(he (li'tivliM-^ and ■wrt;ear,l.s who .scoffi'd 
at Tv.e .inJ .t'-hesl '\ tlu i the h^Il are you 
dol.n;:; h-re' when .'ill I wanirsl to know 
was how my .'.en diisi," he .'-iid,

of .n'd I want lo look Into the 
f.sre of Tom fhinn," he said Thursday at 
hti b!iri'\e|\'rt home afliT le.inilnK a i>0- 
lire offa'er h.td adinliied provlillni; a 
Ihrow do'wn weapon th.it allegedly wn*

planted on hi.t .con's dead hotly.
"Dunn didn't do lie; job. lie didn't do 

ri/tht by me," said Web.cter. Dunn wa.s 
the assistan t d istric t attorney who 
brought the shootinf; case before the 
ILirris County gtsind Jury hist Juno. 'I'he 
grand Jury no-billed Officer Danny Mays, 
who shot the youth after a police ch.n;a?.

"I rememlier .standing In the lullway 
that day in June. I/ird, It was hot, . . I 
stood (lilt there all d.iy. And all Ihe time 
I could see iMays, (Norvsal) Holloway niid 
(John) Olin .silling in Dunn's alr-condl- 
Honed office going over ducument.s to 
prepare their case. And 1 didn't even 
have a chair. Had lo .sit on the floor with 
my Jacket off," he .viid.

Dunn, who since haa left Ihe dl.sirlet 
attorney's office, said niur.sday, "I gave

bim (Webster) every courtesy. T have the 
deeiK-st sympathy tor him and his loss."

Dunn .said it was hard lo talk alioiit 
the case "In hltuh;i,ght” and e.vp!alne<l 
that "it w.n.s a (jue.sllon of minder. We 
were looking for sufficient evidence lo In­
dict lor murder."

"Tliore's nothing I can .add .nboiil Ihe 
case now," said Dunn. "I'ni in no posi­
tion lo .say anything."

"I 'd  have slouil In Hint hall (or a 
month," .said Webster. "Kven after they 
let me In to talk In the grand Jury 1 had 
to face (jiKssliens detrimental lo my son. 
I could tell whlrh .side I wiis on. I wns the 
CuLsldcr mid Ihey weren't, for Ihe innst 
|sirt, going to iM'Ilevo me."

Wehsler .sniil that desplle his sou's 
death he Ihiiiks "08 percent of the police

In Hoti.'ilon are fine people."
He ;;ald Ihnl among some officers 

there Ls the prevailing thought that 
"do|xMaking hippies deserve lo be shot.” 
He added that he fell Hie .nclloas of a few 
prevent the rest of the officers from per­
forming well.

"I'm .sure some of this goes on here 
and III every oilier clly, althou;;li I doubt 
lo the extent It Is In lloii.ston. It sure 
wasn't Ihe firiit time the ropj In Hnuslon 
plnnled n gun. V/hy was the officer 
cairying a throwaluwn gun in the first 
place? If Ihey would murder then think- 
of all llic other things they would do," he 
aildisl. •
. Webster, hO. and his wile, fJlllle. s;dd 
they plan lo iillenj any coiirt Hlal Ihnl 
may mha) out of the InvcsIlgafloiLi being

conducted into their son's death.
"W e'd much rat,her he.nr Ihe testimony 

first hand," said Mrs. Webster. "'A>,al 
we've tried to do for so long was got lo 
the bulloin of this and unravel the knots. 
Tliey never hel|Kvl us. bul mayt*? now 
our work In getting the facts out will 
help snnieone clt.e," she .said.

"II won't lie e.asy lor u.s goln.g through 
a trial boeau.se I know what hapin-na 
when you have defense nllcrneya going 
on all Ihe angles." Wefu.ier said.

"It's not going lo brini; niy .son back 
either. The alr-condilloiiisl convonicni'o 
Is over for lho:«? co|is. Iheugh. Kor my 
noil's luke I'm gnhig lo N- iliere so Dunn 
and everyone eb;e wlin wonliln't help a 
dead Kid's father can look me In the face, 
loo."



2A /T>i« Houiton Posf/Tu*!., May 14, 19/8 •

Dster glajiiig

A Peirlar.d man who admitted he 
lied when he backed early police 
versions of the shooting death of 
R andall Alan W ebster pleaded^ 

- guilty in federal court Monday to ' 
committing perjury before a grand 
Jury.

L.F. Daffem, 49, a L-uck compa­
ny employee, told U.S. District 
Judge Carl 0. Sue Jr. it was "true" 
he never saw an object he thought 
was a gun in Webster's hand before 
the IT-year-ofd Shreveport. L a- 
youth was killed.

DAKKERN TOLU a federal grand 
jury Nov. 21 that he witnessed the 
slaying of Wehster Feb. S. l’J77. fol­
lowing a high-speed ch_isc in south­
east Houston, former police otticor 
Danny II. .Mays said he fired in self- 
defense.

In his grand jury testimony, D.nf- 
fern said Wohstcr was st.mding fac­
ing the cffiam with bis hands at 
waist level when he hcttrxl a shat 
and saw Wchsier fall to the ground.

WTIJJAM H- U.vnl, another for­
mer offtrer. plc.nde-l piiliy .Vpril '/7 
to sui plying a "Ihi-uw-ilawn" gun

which a third officer at Lhe scene 
planted on Webster's body.

Daffern admitted Monday that 
Webster was already lying on the 

. ground when he arrived at the scene 
at Telephone and Hall roads on his 
way to work.

HE TOLD The Post after his in- 
dict.mcnt that he made up his story 
of witnessing the shooting in order 
to impress fellow woike.-s. He s.aid 
he stuck to the version until March 
27. when he first confessed the 
truth.

At that time, he said, he told 
investignlors looking Into [yissib'e 
civil rights violations m the shoot­
ing that he had lied in all his earlier 
accounts.

''BECAliSK OK his (gr.and jury) 
testimony, ihc invosilgniion was di­
verted." said L»iv Saltn.is. .assist­
ant U.S. attorney. "It apivarcd that 
Webster was shot in selfsiefense,"

five officers have been firctl and 
one h.as rcsignoil In ronneeijon with 
the investigation. A grand jury is 
osi>oclt'd to l.iki* some kiiul of ac­
tion in June.

• t