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DA says police shooting was justified (4 cops, 1 mentally ill woman with knife)
The Times-Tribune (Scranton PA) ^ | 6/16/2009 | David Singleton

Posted on 06/16/2009 11:17:30 AM PDT by Born Conservative

The four police officers who went to Brenda Williams' apartment the evening of May 28 were ready to wrap up, awaiting only the completion of a citation charging the North Scranton woman with disorderly conduct before calling it a night.

Then Ms. Williams emerged from her kitchen holding a knife with a wooden handle and an 8-inch blade, and suddenly everything changed.

Within seconds, as the 52-year-old woman ignored commands to drop the weapon as she moved toward one of the officers, three of them fired, fatally wounding Ms. Williams in what Lackawanna County District Attorney Andy Jarbola ruled Monday was a justifiable response to the threat she presented.

"In light of the facts that were presented to me by the state police, it is my opinion the officers involved - their actions - were justified and that no criminal charges will filed be against them," Mr. Jarbola said at a news conference at which he released the findings of the investigation.

If the long-awaited disclosure took some of the mystery out of what happened inside Ms. Williams' second-floor apartment at 1501 N. Lincoln Ave., it is not likely to end the questions about how the Police Department handled what started out as a harassment call involving a mentally ill woman.

Attorney William Mikita Jr., who represented the Williams family, said he disagrees with Mr. Jarbola's conclusion that the shooting was justified.

"We've got one officer making the determination that she's not a threat to herself and minutes later, she's dead," Mr. Mikita said. "How does something like that happen? Did they lose control of the scene?"

Referring occasionally to a diagram of Ms. Williams' apartment and photos from the scene posted on a wall at his Spruce Street office, Mr. Jarbola spent nearly an hour outlining the circumstances that led to the shooting and how he reached his determination.

For the first time, the four officers who were at Ms. Williams' apartment - and who have been on administrative duty since the incident - were identified.

Cpl. Robert Stanek, who was the supervisor at the scene, is a 16-year police veteran, Mr. Jarbola said. Officer James Smith, who had had previous contact with Ms. Williams, has been with the department for 11 years. The other two, Officers Jason Knoch and Eric Jordan, have been on the force for just over a year.

The district attorney also revealed Ms. Williams was shot five times, including two lethal wounds to her abdomen and another potentially fatal wound that severed the femoral artery in her right leg. She had a sixth wound from falling on the knife.

According to Mr. Jarbola, Officers Smith and Jordan were the first to respond, going to Ms. Williams' apartment shortly after 10 p.m. after a neighbor complained Ms. Williams had been harassing her and her fiance.

Officer Smith had responded to a similar call two days earlier, on May 26, when he learned Ms. Williams had been diagnosed as a paranoid schizophrenic who had possibly stopped taking her prescribed medication, Mr. Jarbola said.

When a nude Ms. Williams retreated back into her apartment after answering the door, the officers entered and found the woman underneath the covers in her bedroom. She appeared agitated and annoyed, yelling and cursing at the officers.

Around 10:40 p.m., Officer Smith contacted the Communications Center and requested an ambulance for a possible involuntary commitment of Ms. Williams under Section 302 of the state's mental health law. The law permits the involuntary commitment of individuals who are deemed a threat to themselves or others.

Around the same time, Officer Smith requested Cpl. Stanek be notified of the situation. Emergency medical technicians arrived at 10:45 p.m., and Cpl. Stanek and Officer Knoch came about 15 minutes later, around 11, Mr. Jarbola said.

At that time, the EMTs told state police, Ms. Williams "was pacing around the apartment nude, She was agitated, screaming and cursing at everyone," he said.

After a discussion with the other officers in the apartment's living room, and with no evidence Ms. Williams posed a danger to herself or others, Cpl. Stanek made the decision there would be no 302 commitment and instructed Officer Knoch to write up a citation for disorderly conduct instead. The EMTs were also released.

"They were basically waiting for the citation to be written, and they were going to leave," Mr. Jarbola said.

That's when Ms. Williams emerged from her bedroom and went to her kitchen at the other end of the apartment, he said. The officers heard her rummaging through the kitchen, and one suggested she may be getting a knife.

Mr. Jarbola said Ms. Williams, who was 5 feet, 7 inches tall and weighed about 194 pounds, then returned from the kitchen through the dining room, holding a knife in front of her as she walked into the living room. The officers drew their weapons and ordered her to drop the knife, but she refused and headed directly toward Officer Smith, who moved backward through her bedroom door.

She was 2 to 5 feet from Officer Smith when the officers fired - Officer Smith from just inside the bedroom, and Officer Knoch and Sgt. Stanek from another doorway to her right, Mr. Jarbola said.

It is still unclear who fired first, but Officers Smith and Knoch each fired twice and Cpl. Stanek once, he said. Officer Jordan, who could not see Ms. Williams from where he was standing, did not discharge his weapon.

The time that elapsed between Ms. Williams going to the kitchen and the officers opening fire was less than 30 seconds and probably "more like 10 to 15 seconds," Mr. Jarbola said.

The district attorney said law enforcement officials are allowed to use deadly force under Pennsylvania law "when there is an imminent threat of death of serious bodily injury to themselves or others" - a condition he said was met when Ms. Williams advanced on Officer Smith with the knife.

Mr. Jarbola said he could not speak to the issue of whether the officers were complacent in allowing Ms. Williams to go to her kitchen unsupervised.

"She's not under arrest. It's in her own home," he said. "The officers - I don't know - they could have assumed she was going to the bathroom."

Police Chief David Elliott, who received a copy of the state police report late Monday afternoon, called the four officers "good cops" who have never had any type of disciplinary issues in the time he has been chief.

With the completion of the state police investigation and Mr. Jarbola's review, the department will now conduct its own internal review "to make sure we followed the correct procedures and whether there is anything we could have done differently," he said.

In the meantime, three of the four officers have seen psychologists and have been cleared to return to duty, he said. The fourth had an appointment Monday.

"These officers just took someone's life. Mentally, it can take a toll on you," he said.

Mr. Mikita, the attorney who represents Ms. Williams' family, did not rule out the possibility that the family will file a civil suit, but he said they will need to review all the evidence before making that decision.


TOPICS: Crime/Corruption
KEYWORDS: brendawilliams; scranton
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1 posted on 06/16/2009 11:17:31 AM PDT by Born Conservative
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To: Born Conservative

Too many Barney Fifes and not enough Andy Taylors ...


2 posted on 06/16/2009 11:18:30 AM PDT by mgc1122
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To: mgc1122
"Too many Barney Fifes and not enough Andy Taylors ..."

Very well put.

3 posted on 06/16/2009 11:22:48 AM PDT by Mila
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To: mgc1122

The mistake was not keeping her under control. once she had the knife they didnt have much choice.


4 posted on 06/16/2009 11:23:30 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Born Conservative
whether there is anything we could have done differently,

Sure there was - they could have allowed her to knife them.
5 posted on 06/16/2009 11:24:30 AM PDT by presently no screen name
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To: Born Conservative

I’ve been in a few of these type situations and I either talked the person down or disarmed them by jumping them and the only time that I ever had a weapon was a pool stick once and a chair one time, with tear gas, a nightclub and a couple of guys to help it would have been even easier.


6 posted on 06/16/2009 11:24:42 AM PDT by ansel12 (Romney (guns)"instruments of destruction with the sole purpose of hunting down and killing people")
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To: Born Conservative
They run out of taser’s? Seems you get tased for refusing to sign a traffic ticket .... four cops and not a taser among them?
7 posted on 06/16/2009 11:25:28 AM PDT by SkyDancer ('Those who hammer their guns into plows will plow for those who do not..' ~ Thomas Jefferson)
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To: Born Conservative
Having disarmed a woman with a large kitchen knife, I'll say this was totally unnecessary!

Whack the knife hand with a baton and you're done.

8 posted on 06/16/2009 11:25:37 AM PDT by G Larry (ObamaCare = "DYING IN LINE!")
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To: mgc1122

How many agitated paranoid schizophrenics with knives have you dealt with personally?

Have you ever been physically attacked by a schizophrenic person during a full blown psychotic episode?


9 posted on 06/16/2009 11:26:13 AM PDT by Valpal1 (Always be prepared to make that difference.)
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To: Born Conservative

It is mentally draining on you to have to take a life. That is why officers are given a rest period of 2-3 days before they even start writing down the official versions of what happened. There is post-traumatic stress going through this.

I wish officers would keep these facts in mind when dealing with a law abiding citizen who’s just had to defend themselves with their firearm. They are the victims that have been attacked and had to fend off an attacker, they are like the police (law abiding, unwilling participant) rather than a criminal. Yet so often citizens who find themselves in this position, to add insult to injury, are not treated as someone who just went through something traumatic.


10 posted on 06/16/2009 11:28:08 AM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Born Conservative

Leo’s are scared these days. Sure hope these tough boys don’t come crashing in my door some night, results may be different.


11 posted on 06/16/2009 11:28:34 AM PDT by JamesA (He who hesitates is lost.)
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To: Born Conservative
I wish the story had indicated whether or not the officers were armed with TASERS. TASERS are suppose to be used as an alternative to deadly force, although I very rarely ever see them used in that manner.

We see cops shooting dogs, this is our second story in as many days about cops shooting suicidal or mentally disabled or sick people. Where's the TASER in these instances?

It seems to me, that TASERS are used much more frequently to get suspects to comply, rather than as a alternative to the use of deadly force.

12 posted on 06/16/2009 11:28:58 AM PDT by Big_Monkey
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To: presently no screen name

Well, they might have shot a net over her, or sprayed her with foam to immobilize her, or they might have tear gassed her to the ground, or they ... there are non-lethal weapons available, but the police at the scene have to judge whether they need to use more force.


13 posted on 06/16/2009 11:29:18 AM PDT by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: Born Conservative
Waiting for Cop Haters to show up in 3....2....1....

A naked, 200 lb woman charges at the cops, brandishing a knife. What the hell else are they supposed to do?

14 posted on 06/16/2009 11:29:20 AM PDT by wbill
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To: Valpal1

“How many agitated paranoid schizophrenics with knives have you dealt with personally? Have you ever been physically attacked by a schizophrenic person during a full blown psychotic episode?”

If you expect me to believe it requires 4 cops multiple shots to kill one crazy woman with a knife, when shooting to wound or non lethal options are available - including strength of numbers, I’d say collectively they ain’t much in the way of law enforcement ...

I’ll say it again ... too many GD Barney Fifes wearing badges.


15 posted on 06/16/2009 11:30:26 AM PDT by mgc1122
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To: Born Conservative
Lackawanna County District Attorney Andy Jarbola ruled Monday was a justifiable response to the threat she presented.

Seems like someone with a lot more information on the subject has made a decision. Now here come a lot of folks with almost no information drawing a different conclusion. Mental masturbation......

16 posted on 06/16/2009 11:30:42 AM PDT by Ben Mugged (Unions are the storm troopers of socialism.)
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To: G Larry

There was a case years ago in NYC with a big fat schizo lady named Eleonor Bumpers. She was coming at the cops with a kitchen knife. They should have just shot her in the legs and she would have gone down like a hippo with exhaustion....but when one is in that situation you do whatever it takes to defend yourself. Also, the question is, how many feet away is the person with the knife?


17 posted on 06/16/2009 11:30:53 AM PDT by brooklyn dave (First Atlas Shrugged, now he's screaming his a$$ off.)
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To: brooklyn dave

2 to 5 feet is preety close


18 posted on 06/16/2009 11:32:18 AM PDT by brooklyn dave (First Atlas Shrugged, now he's screaming his a$$ off.)
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To: Big_Monkey

Apparently, they do (but I think I heard that they aren’t yet trained in their use): http://www.thetimes-tribune.com/news/1.894


19 posted on 06/16/2009 11:33:47 AM PDT by Born Conservative (Bohicaville: http://bohicaville.wordpress.com/)
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To: Big_Monkey
I wish the story had indicated whether or not the officers were armed with TASERS. TASERS are suppose to be used as an alternative to deadly force, although I very rarely ever see them used in that manner.

We see cops shooting dogs, this is our second story in as many days about cops shooting suicidal or mentally disabled or sick people. Where's the TASER in these instances?

It seems to me, that TASERS are used much more frequently to get suspects to comply, rather than as a alternative to the use of deadly force.

********************

Absolutely correct. I'm also surprised that they made no attempt to restrain her once they determined to involuntarily commit her.

20 posted on 06/16/2009 11:33:55 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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