Maui Police Say Fatal Shooting Justified (Pics)

TheHawaiiChannel.com ^ | March 4, 2004 | TheHawaiiChannel.com

[Justice]

Maui Police Say Fatal Shooting Justified
Brother Questions Police Use Of Force

POSTED: 3:43 pm HST March 4, 2004
UPDATED: 4:42 pm HST March 4, 2004

WAILUKU, Maui, Hawaii -- Maui's police chief said Thursday the use of deadly force that killed a man on a Kihei beach was justifiable.

The shooting happened on a Kihei beach Sunday evening. It started when a woman called police because a homeless man had exposed himself to her daughters, police said.

A person in the area tried to assist an officer in detaining Ben Ogden (pictured, right). Ogden shot the person with bear repellant, according to police.

"At that point, the officer got between the suspect Ogden and the citizen. (The officer) attempted to deploy his pepper spray, but was sprayed with bear repellant," Maui Police Department Chief Tom Phillips said. "The officer drew his weapon at that point; ordered Ogden to the ground. (He gave) several verbal commands. Ogden continued toward the officer... continued to spray the officer with the repellant. The officer eventually fired at Ogden."

The officer hit Ogden with two or three shots, MPD said. Ogden went down to ground at that point.

The officer went to ocean and tried to flush his eyes out from the bear repellant. Then, Ogden began to stand up and approach the officer. The officer told Ogden to stay down, but he continued toward the officer spraying the repellant, according to witnesses.

That's when police said the officer fired three to four shots at Ogden again. Police said six shots were fired; four hit Ogden. One bullet went through his arm. The others hit him in the body.

Police said the fatal shot severed Ogden's spinal cord and another shot hit him in the shoulder, traveling right to left across his body, according to an autopsy report.

At this point, police said the officer called for backup. Several officers arrived in minutes.

"I can say the officer's face was very swollen and he was completely incapable of seeing much at all. His eyes were totally bloodshot," Lt. Glenn Cuomo said.

The shooting was the second police shooting in a week. However, Phillips said officers are facing more cases out in the field, including assaults on police.

Ben Ogden's brother, Mike Ogden, said he believes Maui police used excessive force.

"It doesn't take that many shots to take a guy down. And I'm under the impression he might have got shot even after he was down. I don't know that for sure, but when you get shot by a bullet that police use, you think it would take four to bring a guy down?" Mike Ogden said.

"Don't think we're trigger-happy at all. I think we have the right to protect ourselves, certainly," Phillips said.

Police continue both a criminal and internal investigation in the case. The chief said it's not yet clear when the officer will return to duty. Ogden was a former Marine receiving federal disability income.

Mike Ogden said his brother did not have a regular address living on Maui and that he did odd jobs to supplement his income.

[oceanperch]

All depends on where you live. Some areas here in Oregon shoot and ask later. We live in Lincoln County and they use non lethal take downs. I have a scanner and our Officers have been in some really hairy situations yet bring in non lethal back up.

[oceanperch]

Then again after re reading the article it looks like the pervert was intent on harming and not backing down to LE.

Hard call.

I wonder was the man exposing himself to kids or was he sunbathing where children came across his path.

Now adays hard to say when someone calls police with their version of a story. What was the man doing with bear repellant? I have heard of wild pigs on the Islands but bears?

[ApplegateRanch]

"It doesn't take that many shots to take a guy down. And I'm under the impression he might have got shot even after he was down. I don't know that for sure, but when you get shot by a bullet that police use, you think it would take four to bring a guy down?" Mike Ogden said.

Yeah, I do think that.

I've helped restrain angel dusters; watched them snap multiple, tight leathers, while being wheeled on a gurney.
Also, last time I looked, the police didn't routinely use hollow points, power points, or other small in/big out ammunition.

Now the bullets that my wife & I use, OTOH...

BTW if that cop can shoot that well under those circumstances, I would like to watch him on a range.

[ApplegateRanch]

"It doesn't take that many shots to take a guy down. And I'm under the impression he might have got shot even after he was down. I don't know that for sure, but when you get shot by a bullet that police use, you think it would take four to bring a guy down?" Mike Ogden said.

Yeah, I do think that.

I've helped restrain angel dusters; watched them snap multiple, tight leathers, while being wheeled on a gurney.
Also, last time I looked, the police didn't routinely use hollow points, power points, or other small in/big out ammunition.

Now the bullets that my wife & I use, OTOH...

BTW if that cop can shoot that well under those circumstances, I would like to watch him on a range.

[Justice]

Hi

No wild pigs in that area.

Pretty strange story to say the least.

I'd say the guy with the spray was asking for it but a shot or 2 into the legs may have been sufficient force to stop him.

by the way nice photos of your pooches.

[ApplegateRanch]

Dang stutter; I have to do something about that.

[Quigley]

I was a police officer for 25 years and I can tell you one thing. We would have been prosecuted for something like this. If the guy had been coming at the policeman with a baseball bat or a knife then he would have been justified in shooting him. To kill him for spraying pepper spray at the cop is not going to be a good shooting. The Policeman is in a heap of trouble I bet.

[BurbankKarl]

oh man, I have snorkeled on that beach!

of course, some island brutha tried to sell me dope when I got out of the water too....it was sketchy in 1995

[UbonGhostrider]

A sad tale. If the cop thought he was in danger of losing his life and drew his weapon and had decided to fire, I don't think he was trained, nor should have, tryed to shoot him in the legs. If you fire your weapon, it is with lethal force. I can see it perhaps, you are blinded and this perp was advancing, for what, and with what, to do bodily harm.

[drlevy88]

"Don't think we're trigger-happy at all. ..."

We'll think what we choose to, thank you very much!

[Fledermaus]

Book 'em....oh wait, Tag 'em Danno!

Call Chey at the lab.

[oceanperch]

Thanks.

[NewRomeTacitus]

Pardon me, police people. I know every situation is a judgement call but wouldn't a PR-24 or an expandable baton takedown been preferable here?

[oceanperch]

The stand off here was between an Deputy and a guy with a sword.

I was impressed with the hour it took for back up to get to that end of the county with non lethal restraint.

If memory serves me correctly the guy had a gun on him too.

I could go look up the follow up article if you insisted.

We also recently had some out of towner going through a hotel waving a gun and high on cocaine again Sherriff and local city Officers took time to evacuate and had a warm place for citizens to go before arresting the guy all without the guy knowing he was surrounded and had a special ops team waiting to take him to jail.

[CWOJackson]

The officer was hit with a chemical agent that affected his ability to control the situation and defend himself. At that point, when he was already partially incapacitated, he had every reason to believe the suspect would take further action, possibly lethal, he might not be able to respond to.

I don't cry over well deserved Darwin awards. Kuddo's to the officer.

[BykrBayb]

OMG, that's terrible! Would you have been required to surrender your firearm to him while he was assaulting a civilian, or would you be allowed to hold onto it until you were incapacitated by the bear repellent?

[Caipirabob]

The homeless guy broke some very basic rules.

1) Never bring "bear repellent" to a gunfight.

2) When an armed officer says "don't move", you "don't move".

The shooting, as sad as it is that it had to happen, was justified.