VOLUME 4 PROGRAM 8. (OH) Kehoe Brother s Shoot-Out DUTY SHEET & LESSON PLAN

Transcription

1 VOLUME 4 PROGRAM 8 (OH) Kehoe Brother s Shoot-Out DUTY SHEET & LESSON PLAN Total Program Length: 47:09 IN THE LINE OF DUTY is produced exclusively as an interactive sharing resource for the law enforcement community. No commercial use or access to the public at large is permitted without the authorization of L.O.D., Inc. This program contains actual video of real police incidents with no reenactments or simulations. The program is protected by copyright. Reproduction in any form is strictly prohibited without authorization from L.O.D., Inc. This program is designed for informational purposes only. IN THE LINE OF DUTY makes no representation regarding the effectiveness or appropriateness of any action or technique depicted herein. It is not intended to replace or supersede existing training policies or guidelines of individual law enforcement agencies. In the Line of Duty Training videos have received POST approval for continuing education credit for training in the following states: Alabama, Arizona, Arkansas, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Mexico, New York, North Dakota, Oklahoma, Oregon, South Carolina, Tennessee, Utah, Washington, Wisconsin, Wyoming

2 THE STOP (14:05) It is a chilly afternoon in February, 1997, and Ohio Highway Patrol Trooper Harold Harker is on patrol doing stationary laser on Interstate 71 West of Wilmington, Ohio. Trooper Harker, a 26-year patrol veteran, spots a 1977 Chevrolet Suburban headed Northbound, and although the driver is driving 59 in a 65 mile per hour zone, Harker is suspicious. The male driver has a very wooden, stiff posture and does not glance at the trooper. However, the male passenger turns full swivel around to stare at Harket as they pass by. In addition, the vehicle has a single Washington State license plate, and Harker checks a license plate rundown he keeps above his visor. It confirms Washington is, indeed, a two plate state. For those reasons Harker decides to pull over the vehicle which he hopes will continue Northbound towards Columbus; in that direction is Trooper Harker s partner and canine handler. However, the driver veers East on State Route 73 into Wilmington where Harker makes the stop. Harker radios his stop and license information to dispatch and then proceeds to make the approach after the Suburban pulls over just inside the Wilmington, Ohio city limits on heavily-traveled State Route 73. The dispatcher notifies Harker that the license plate registration has expired. Harker approaches between his vehicle and the cruiser on the passenger side, and at first sees nothing amiss on a cursory look inside the Suburban. Neither driver nor passenger had i.d.; the passenger (Cheyne Kehoe) indicated the Suburban belonged to a friend in Washington State. Harker grew concerned, however, because now the roles between the two occupants reversed; the driver became very animated; the passenger very rigid. Harker played verbal judo to allow him time to assess but had made up his mind to ask the driver out for further interrogation. The motorist (later identified as Chevie Kehoe) stepped back with Trooper Harker, keeping his hands in his tight jean s pockets, wearing a loose fitting down jacket. Harker attempted a patdown of Kehoe s left side at which time Kehoe began exclaiming that he did not want to be violated. For the next several minutes Trooper Harker and Chevie Kehoe verbally joust with Harker exclaiming that Kehoe was going to sit in my car while I run these checks, sir... During the escalating confrontation, Clinton County, Ohio Sheriff s Deputy Bob Gates drives past headed to a minor domestic call, and he noticed Trooper Harker (who had turned on his cruiser camera when he stopped the subjects). He exits his vehicle after notifying his dispatcher and falls in behind Trooper Harker to observe. Both Harker and Gates notice during this period, too, that the passenger (Cheyne Kehoe) had been moving about the Suburban and had even disappeared from view a time or two. Earlier in the day the rivets on Trooper Harker s belt which held his radio had broken and he had left his radio on the front seat of his cruiser. Gates decision to stop, therefore, was proving very timely. Harker gave Kehoe the choice of sitting in his cruiser while the Trooper made further checks or immediate arrest to which Kehoe responded he did not want any trouble and, again, did not want to be violated. Then, during a second pause in the conversation, Kehoe suddenly turned and ran toward the driver s side of the Suburban. THE SHOOTING (9:35)

3 Deputy Gates and Trooper Harker ran towards the fleeing Chevie Kehoe, and Gates reached him first. Both men attempted to wrest Chevie Kehoe s arms from the door handle, and it actually appeared as if Kehoe were pushing in to the officers rather than escaping them for a time. Gates noticed also that passenger Cheyne Kehoe had his right arm underneath a jacket, and (as tunnel vision enveloped Deputy Gates) Cheyne started to pull a gun out from under the coat. Almost simultaneously Gates and Cheyne Kehoe fired at each other; Gates twice through a side window; Cheyne Kehoe once. Later, both Gates and Trooper Harker determined that Kehoe s round went right between the two officers. Trooper Harker later pulled glass from out of his hair and ear. Cheyne Kehoe exited the Suburban on the right side, and as Deputy Gates went around the engage him, Gates yelled Gun! Gun! Gun! to alert Trooper Harker who was still attempting to contain Chevie Kehoe. Deputy Gates and Cheyne Kehoe fired numerous rounds at each other; Gates was armed with a.40 caliber Smith and Wesson; it was believed Kehoe was firing an undetermined make.40 caliber. Gates backpedaled as Cheyne Kehoe moved diagonally away from him towards a condominium complex and distant woods. The deputy fell near the left front of Trooper Harker s cruiser and could hear shoots zinging up from the pavement near him. Neither deputy nor subject was hit, although to this day Deputy Gates feels Cheyne may have been wearing body armor (and, therefore, may have been struck but was able to continue running). Deputy Gates chose not to fire at the back of the retreating Cheyne Kehoe, although Trooper Harker did fire twice over the top of the Suburban at the feeling Kehoe. Harker believes his second shot struck Kehoe, but there was never definitive proof that occurred. Meanwhile, Chevie Kehoe is screaming at Trooper Harker and begging him not to shoot him (Chevie), and Chevie is able to get into the Suburban and drive away. Trooper Harker admittedly had trouble getting his weapon from his holster (he believes because the holster was not conducive to weapons removal and motion; once the Trooper stopped moving he was able to immediately remove his weapon from the holster). Part of Trooper Harker s jacket also got caught in the door impeding his ability to stop Chevie s escape. Deputy Gates gives immediate pursuit of the fleeing Cheyne Kehoe; Trooper Harker fires once at the fleeing Chevie Kehoe and runs back to this vehicle preparing to give pursuit only to find he has a flat tire. THE PURSUITS AND THE SECOND SHOOTING (5:22) As the two Kehoes made their escapes, Chevie in the Suburban and Cheyne on foot, Trooper Harker attempted to radio his dispatcher, but due to an apparent malfunction of the speaker system at the patrol post, he got no response. Another trooper hearing the calls did respond, however, and at that time Harker radioed that shots had been fired. While Harker waited for back-up Deputy Gates carefully gave foot pursuit of Cheyne. Cheyne, however, was able to elude a search that ultimately included officers from numerous jurisdictions and fleer-equipped helicopters. Chevie, in the meantime, was attempting to find his brother and pulled into an industrial complex just as a Wilmington police cruiser spotted him and pulled in behind him. Officer Rick Wood had the foresight to unbuckle his belt and take his weapon out of his holster; he opened his door and was diving out just as Chevie opened fire from approximately feet with an AR-15 rifle; several rounds went through the driver s windshield almost exactly where Officer Wood had been less than five seconds previously. He was not injured. It is believed Chevie Kehoe expended up to 30 rounds firing at Officer

4 Wood; the empty M-16 magazine found later by police was supplemented by 29 empty shell casings leading officers to that conclusion. Just two weeks prior the Wilmington Police Department had practiced exiting vehicles during lethal force confrontations, and it is that training which may well have saved Wood s life in this shooting. Chevie rolled under the Suburban, and he, too, ran off into nearby fields and woods. Both Kehoe brothers reportedly slept that night in an empty drainage ditch and barns and made good their escapes. They had reportedly agreed to meet at a truck stop in Casper, Wyoming if they were ever separated. EPILOG (4:14) Both Kehoes were apprehended several months later in the West. For his part in the attack on the officers, Cheyne (who at various times also spelled his name Shane) received a mandatory 24-year prison term without parole. Chevie was found guilty of conspiracy and three murders (of an Arkansas gun dealer, his wife, and 8-year old daughter the year prior to the Ohio police shoot-out). For those crimes a Federal jury in Little Rock sentenced him to life in prison without parole. It s not known, therefore, if the Ohio prosecutor will ever proceed with Chevie s sentencing for the shoot-out with Trooper Harker and Deputy Gates. Trooper Harker was armed with a.40 caliber Beretta; Deputy Gates had a.40 caliber Smith and Wesson. Both officers were wearing body armor. Among many items recovered from the Suburban: -Battle suspenders/belt with knife -Green plastic box containing 100 rounds of.308 ammunition -.45 caliber semi-automatic pistol loaded with six rounds of ammunition and one loaded.45 caliber magazine loaded with seven rounds of ammunition -Small bag of loose.45 caliber ammunition -F.B.I. logo baseball caps -Black raid jacket with Federal agent logo -Point Blank body armor plate -Face paint -Camouflage pants -43 loaded 30 round magazines of.223 caliber ammunition -45 boxes of.223 caliber ammunition -574 rounds of 9mm ammunition round stripper clips of.223 caliber ammunition -2 green bullet resistant vests -1 loaded Glock 9mm pistol -2 loaded 9mm Glock magazines -1 U.S. Marshal s badge with belt holder CS gas grenade -1 pepper blaster

5 -3 cans of pepper spray -1 tan leather wallet containing a U.S. Marshal s badge It was later determined that Chevie Kehoe had a.45 caliber Glock in his jacket pocket and a.22 derringer under his belt buckle. LESSONS LEARNED (6:48) * Make certain you always have the necessary back-up accessible. * Watch deadly hands. * Your next stop could be the bad guy-or guys. * Always signal out. * Target practice..weapon proficiency is critical. * Inter-departmental radio communication is crucial. * F.A.T.S. Simulator training was immeasurably helpful. * Practice shooting and moving. * Most incidents take place in seconds, not minutes. QUESTIONS (1:55) Are you prepared to deal with an incident when whatever can go wrong--does go wrong? Trooper Harker s rivets gave way on the belt holding his radio and he, therefore, had no radio on his person during this stop. He had trouble getting his weapon out of his holster. His gun jammed after he had fired three rounds. His jacket became stuck in the Suburban s driver s side door. He had trouble reaching his dispatcher, and a bullet had flattened one of his tires. How would you have dealt with these problems? Review the tape carefully, and discuss these vital points. 1. Would you have stopped the Kehoe s Suburban for the same infractions Trooper Harker did? 2. Would the driver s wooden and rigid posture have been a red flag to you? 3. Would you have stopped to cover Trooper Harker as Deputy Gates did? 4. What body language or signs did driver Chevie Kehoe exhibit which would have aroused your suspicions? 5. Both Trooper Harker and Deputy Gates saw passenger Cheyne Kehoe moving about the Suburban and even disappearing from view a time or two. What would your response have been? 6. As contact officer how would you have handled the back-up any differently?

6 7. As cover officer how would you have handled the back-up any differently? 8. Would you have fired at the retreating Cheyne Kehoe even it if meant hitting him in the back? Why, why not? 9. Would you have fired at Chevie Kehoe-when he began to drive away? 10. Did the officers do the right thing by giving immediate pursuit? Would you have? 11. How would you have handled this stop if you had been by yourself with back-up minutes away? ************************************************************************************ To reach Trooper Harold Harker (ret.): CONCENTRATION ON PATROL STRATEGIES or To reach Deputy Bob Gates: CLINTON COUNTY (OH) SHERIFF S OFFICE ************************************************************************************ Don and I are very anxious to receive your feedback and questions on this program. We believe there are innumerable issues you ll find invaluable for training purposes, and we ve tried to produce this program so you ll find value in it for years to come. Your thoughts are welcome at: lineofduty@aol.com, or give us a call anytime at (800) We also continue exhorting you to share your video with us so that other officers nationwide, even worldwide, can benefit from your experiences. If one life is saved because you alerted us to some excellent video for training purposes, isn t that worth it? Plus, we ll pay you for the video AND send you an In the Line of Duty ballcap and t-shirt! Very Best wishes in Officer Safety, Ron Barber and Don Marsh Executive Producers In the Line of Duty P.O. Box 6798 St. Louis, MO 63144

7 LESSON PLAN SYNOPSIS: TIME: OBJECTIVES: Obj. A Obj. B Obj. C Obj. D Obj. E This course outlines a stop seen around the world when a veteran Ohio Highway Patrol Officer pulls over a vehicle with two heavily armed and violent militiamen and the training that made the difference for Trooper Harker and Deputy Gates of the Clinton County (OH) Sheriff s Office. 1 ½ Hours Upon completion of this course, officers should be able to: Recognize a number of issues present in a routine traffic stop including the signals given by the driver and passenger that made a Trooper suspicious. Identify the movements and actions implemented by two officers in a fluid lethal force incident. Learn the tactics used in a pursuit situation and second shooting incident. Identify the training that produced the skills used by the officers during the incident. Discuss how to deal with unexpected communications and equipment problems. INSTRUCTOR S NOTES LESSON PLAN/LAB GUIDE Obj. A I. Issues Present in Traffic Stop Including Signals by Driver and Passenger A. Wilmington, Ohio Stop - Observations Prior to the Stop 1. Trooper Harker, a 26 year patrol veteran, spots a 1977 Chevrolet Suburban headed northbound on Interstate 71 west of Wilmington, Ohio. 2. Although the driver is driving 59 in a 65 mile hour zone the Trooper is suspicious. 3. The male driver has a wooden, stiff posture and does not glance at the Trooper. 4. The male passenger turns full swivel and stares at Harker as they pass by. 5. The vehicle has a single Washington State license plate. The Trooper checks a license plate rundown he keeps above his visor. It confirms Washington is a two plate state. 6. The Trooper decides to pull over the vehicle which he hopes will be closer to where the Trooper s partner and canine handler is located, up I The vehicle, however, veers onto State Route 73 where the stop is made. B. Wilmington, Ohio Stop - Positioning the Patrol Car and Assessment 1. Trooper Harker parks the patrol vehicle about feet behind at an angle, although not as radical as on the interstate. The roadway is 48 feet with a concrete curb or berm. 2. He approaches between the vehicles on the passenger side. 3. He assesses the inside of the vehicle. He sees what appears to be construction equipment - shovels, boxes, garments, outwear for the outside - items which do not cause an immediate safety concern. C. Wilmington, Ohio Stop - Approaching the Driver and Passenger 1. The Trooper s concern grows because the roles of the passenger and driver have reversed - the passenger has his palms up on his knees which is not a comfortable gesture - it is a surrender type motion. The driver is animated and moving a lot. 2. The driver tells the Trooper he does not have a drivers license. He gives him a folded document which appears to be an official registration. The Trooper folds it and places it in his hip pocket. 3. The passenger advises the Trooper he does not have I.D.

8 INSTRUCTOR S NOTES LESSON PLAN/LAB GUIDE 4. The Trooper then engages verbal judo. He has made up his mind he is going to get the driver out of the vehicle but he wants more time to assess the vehicle. D. Wilmington, Ohio Stop - Getting the Driver Out of the Vehicle 1. The Trooper asks the driver to step out and come back for a license check. 2. The Trooper moves to a position where the right side of the vehicle offers some cover from the passenger. The car is between the Trooper and the driver. The Trooper can see him but not his hands. The Trooper moves to the left so he can see his hands. 3. The driver has his fingers in his jean s pockets. The pockets are tight enough that Trooper Harker does not feel threatened. 4. As the Trooper moves back he turns into a defensive posture and the left hand comes down on the left side of the driver s garment. 5. The Trooper feels something in a plastic bag - it appears to be small and cylindrical. Trooper Harker thinks it is throat lozenges. The pat down goes no further at this point. 6. The driver says I don t want to be violated. The Trooper recognizes that a typical driver does not use these words. Both the driver and passenger have close cropped haircuts - Marine Corps type. The Trooper decides at that point he has stopped militia-type personnel. E. Wilmington, Ohio Stop - Trying to Get the Driver To Sit In The Patrol Car 1. Trooper Harker keeps moving back toward the patrol car - he wants distance between the driver and passenger. 2. When he gets back to his patrol car, the Trooper knows he needs backup. 3. The Trooper s rivets had broken on his belt - so his portable radio is on the front seat of the car. There were no spares at the Post earlier that day. F. Wilmington, Ohio Stop - Clinton County Sheriff s Deputy on Patrol 1. Providentially, Clinton County Deputy Bob Gates was on routine patrol and on his way to a non-emergency call. 2. Deputy Gates observes Trooper Harker has stopped a vehicle. 3. Despite not observing a signal from Trooper Harker, Deputy Gates stopped that day. He had never worked a stop with Trooper Harker before. 4. He observes the passenger in the vehicle looking right at him. It catches his attention because the passenger, Cheyne Kehoe, is making good eye contact. 5. He observes the Trooper s movements and determines that maybe he is having trouble with the driver. 6. Deputy Gates pulls his vehicle up behind the Trooper s car. He notifies his dispatcher of his location and the stop. G. Wilmington, Ohio Stop - Trooper Harker s Decision 1. Trooper Harker decides he is going to run a check on the driver since he has no driver s license and search him for a deadly weapon before putting him in the car. 2. The driver does not comply with the search. He questions and repeats again in a stalling pattern. 3. The Trooper begins to think he has no intention of cooperating and then the driver takes off running toward the driver s door of the Suburban. Obj. B II. The Shooting Situation A. Wilmington, Ohio Stop -The Pursuit 1. Both Deputy Gates and Trooper Harker run towards the fleeing driver, Chevie Kehoe. 2. Deputy Gates reaches him first. 3. Both men try to wrest the driver s arms from the door handle of his vehicle as the driver tries to push into them.

9 INSTRUCTOR S NOTES LESSON PLAN/LAB GUIDE B. Wilmington, Ohio Stop - Shots Fired 1. Deputy Gates notices that the passenger, Cheyne Kehoe, has his right arm underneath his jacket. Tunnel vision envelopes Deputy Gates. Cheyne starts to pull a gun out from under a coat. Almost simultaneously, the Deputy and Cheyne Kehoe fire at each other; Gates fires twice through a side window and Cheyne Kehoe once. 2. Later, it is determined Kehoe s shot went right between Deputy Gates and Trooper Harker. Trooper Harker later pulls glass from out of his hair and ear. 3. Cheyne Kehoe exits the Suburban and Deputy Gates goes around to engage him shouting Gun! Gun! Gun! to alert Trooper Harker who is still trying to contain the driver. 4. Deputy Gates and Cheyne Kehoe fire numerous rounds at each other. Deputy Gates is armed with a.40 caliber Smith and Wesson. It is believed that Kehoe is firing an undetermined.40 caliber make. 5. Deputy Gates backpedals and Cheyne Kehoe moves diagonally away from him toward some condos and distant woods. Deputy Gates falls on his back on the pavement. He hears shots hit the pavement. 6. Deputy Gates decides not to fire at the back of the retreating Cheyne Kehoe, although Trooper Harker fires twice over the top of the Suburban. Harker believes the second shot hits although there is never definite proof. 7. Trooper Harker has trouble getting his weapon from his holster. Once he stops moving, he is able to remove it. Part of the Trooper s jacket also gets caught in the vehicle car door. 8. Deputy Gates gets up and pursues Cheyne Kehoe. Trooper Harker fires once and runs back to his vehicle only to find it has a flat tire. Chevie Kehoe takes off in the Suburban. Obj. C III. Tactics Used in Pursuit and Second Shooting A. Wilmington, Ohio Stop - Use of Radio 1. Trooper Harker tries to radio his dispatcher, but, due to an apparent malfunction of the speaker system at the Post, he gets no response. 2. Another Trooper hears the call and responds when Harker indicates shots have been fired. 3. Trooper Harker waits for back-up. B. Wilmington, Ohio Stop - Foot Pursuit 1. Deputy Gates continues the foot pursuit of Cheyne Kehoe. 2. Cheyne Kehoe eludes the search which ultimately includes officers from numerous jurisdictions and helicopters. C. Wilmington, Ohio Stop - Officer Rick Wood Spots Kehoe 1. Officer Rick Wood, of the Wilmington, OH P.D., spots Kehoe around an industrial complex and pulls in behind him. 2. He has the foresight to immediately unbuckle his seat belt and pull his weapon from his holster. 3. He opens his door and dives out just as Chevie Kehoe opens fire with an AR-15 rifle. Several rounds go through the driver s windshield. It is later believed that Kehoe expends up to 30 rounds at Officer Wood. An empty M-16 magazine found later by police was supplemented by 29 empty shell casings. D. Wilmington, Ohio Stop - Kehoe s Escape 1. Both brothers ran off into nearby fields and woods. 2. They reportedly slept that night in an empty drainage ditch and barns and made good their escape. 3. They reportedly had agreed to meet at a Casper, Wyoming truck stop if they

10 INSTRUCTOR S NOTES LESSON PLAN/LAB GUIDE were separated. 4. They were apprehended several months later in the West. Obj. D Obj. E. IV. Training That Produced the Skills A. Wilmington, Ohio Stop - Exiting Vehicles 1. Just two weeks prior to the incident, the Wilmington Police Department had practiced exiting vehicles during lethal force confrontations. This training may well have saved Officer Wood s life. 2. Practice shooting and moving. B. Wilmington, Ohio Stop - Body Armor 1. Both officers were wearing body armor. C. Wilmington, Ohio Stop - F.A.T.S. Simulator 1. The department trains with a F.A.T.S. simulator in addition to each training session at the gun range to develop weapon proficiency. D. Wilmington, Ohio Stop - Deadly Hands 1. The officers kept their eyes on the deadly hands. V. Discuss how to deal with unexpected communications and equipment problems. VI. Lessons Learned * MAKE CERTAIN YOU ALWAYS HAVE THE NECESSARY BACK-UP AVAILABLE * WATCH DEADLY HANDS * YOUR NEXT STOP COULD BE THE BAD GUY OR GUYS * ALWAYS SIGNAL OUT * TARGET PRACTICE. WEAPON PROFICIENCY IS CRITICAL * INTER-DEPARTMENTAL RADIO COMMUNICATION IS CRUCIAL. * F.A.T.S. SIMULATOR TRAINING WAS IMMEASURABLY HELPFUL. * PRACTICE SHOOTING AND MOVING * MOST INCIDENTS TAKE PLACE IN SECONDS, NOT MINUTES VII. Questions - Are you prepared to deal with an incident when whatever can go wrong - does go wrong? How would you have dealt with some of Trooper Harker s problems - the rivets giving way on his radio belt, no radio on his person during the stop, trouble getting the weapon out of the holster, gun jamming after he fired three rounds, his jacket getting stuck in the car door, trouble reaching the dispatcher, a bullet flattening the car tire? 1. Would you have stopped the Kehoe s Suburban for the same infractions Trooper Harker did? 2. Would the driver s wooden and rigid posture have been a red flag to you? 3. Would you have stopped to cover Trooper Harker as Deputy Gates did? 4. What body language or signs did driver Chevie Kehoe exhibit which would have aroused your suspicions? 5. Both Trooper Harker and Deputy Gates saw passenger Cheyne Kehoe moving about the Suburban and even disappearing from view a time or two. What would your response have been? 6. As contact officer, how would you have handled the back-up differently?

11 7. As cover officer, how would you have handled the back-up differently? 8. Would you have fired at the retreating Cheyne Kehoe even if it meant hitting him in the back? Why, why not? 9. Would you have fired at Chevie Kehoe when he began to drive away? 10. Did the officers do the right thing by giving immediate pursuit? Would you have? 11. How would you have handled this stop if you had been by yourself with backup minutes away? SOURCE DOCUMENTS 1. IN THE LINE OF DUTY VIDEO VOLUME 4, PROGRAM 8 2. IN THE LINE OF DUTY SHEET VOLUME 4, PROGRAM 8