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Tuesday, December 14, 2010

Wilmington, DE - Hale shooting contains lessons for police.. Maybe!!!!!

OFF THE WIRE
Source: delawareonline.com
Virtually every police officer you talked to, and certainly many in the public sector, agreed four years ago that the shooting death of former U.S. Marine Derek Hale on a Wilmington porch was, as law enforcement calls it, a bad shoot.
But the Wilmington Police Department's Office of Professional Standards, the city solicitor's office, the Delaware attorney general and the U.S. Department of Justice all concluded after investigations that then-Lt. William Browne was clear of any wrongdoing.
But the city of Wilmington and its risk-management attorneys decided, rightfully, that defending a federal lawsuit brought against the city and a score of police officers by the Hale family in U.S. District Court would probably cost the city more than if a jury ruled in Mr. Hale's favor.
The settlement was for $875,000, and in exchange Mr. Hale's parents dropped their charges against the city and agreed to withdraw all claims for damages. It still is among the largest single settlements for a wrongful-death accusation in recent memory.
Mr. Hale, a decorated Marine with two tours in Iraq, was a member of the Pagans Motorcycle Club and was in Wilmington to help fellow veterans with the annual Toys for Tots collection.
But he was also under investigation by the Delaware State Police and wanted on felony drug-trafficking charges.
He was known to have carried a weapon in the past.
Though the settlement is a hefty amount for the city's Risk Management Fund, Mr. Hale, by most witness accounts, didn't help the situation by refusing to take his hands out of a hooded sweatshirt pocket.
He was shot with Taser guns several times but his heavily padded clothing kept the electric circuits from functioning. One Taser didn't work properly.
He was also observed shaking and vomiting after the Taser charges. Other witnesses said he didn't appear to pose a threat.
When he moved toward Lt. Browne, the officer fired three .40-caliber rounds into his chest.
This incident is yet another example of the short-comings of Tasers.


It also calls into question the tactical operations of a joint police task force. Mr. Hale was surrounded by officers. He certainly was not going anywhere and as a former Marine, he knew the odds of even trying.
Better training of officers on the use, or effectiveness, of Tasers, and a better understanding of how they work could help prevent such episodes in the future.
Both the city and the Hale family attorneys agreed that the settlement does not represent an admission of wrongdoing by the city or by any of the officers involved in the case.
"We were very confident in our case and know that our officers acted properly and professionally, particularly given the forensic evidence," said William S. Montgomery, chief of staff to Wilmington Mayor James A. Baker.
Those are standard replies in settlements such as this.
The fact remains that an unarmed man was shot dead by police after exhibiting suspicious behavior.
There are better ways to handle these confrontations without taking a life.
It is hoped that police officers and departments around the region realize that and will take better precautions in the future