Jury must decide whether pastor acted reasonably
By SHEILA TOOMEY
Anchorage Daily News
(Published: October 24, 2003)
A pistol-packing preacher used deadly force to defend an unoccupied building containing little of value and killed two men who were just trying to get away, prosecutor Bob Collins said Thursday as the case against Big Lake minister Phillip Mielke wrapped up and went to the jury.
Actually, countered defense attorney Jim Gilmore, the preacher is a mild-mannered man who quietly carried a gun for self-defense and used it in a "totally unexpected, out-of-control situation" in which he was forced to shoot two burglars as they rushed him inside his own church.
Mielke, 44, is charged with manslaughter in the April 24 deaths of Chris Palmer, 31, and Francis Jones, 23. There is little dispute over the facts of the case. Palmer and Jones were burglarizing Big Lake Community Chapel about 5 a.m. when Mielke heard a suspicious noise over an intercom system hooked up between the church and his home across the road. He armed himself and went to investigate.
The three men ended up together in a small, dark arctic entry. Mielke says he ordered the intruders to stop and then fired when they kept coming.
The issue is whether Mielke acted reasonably.
Jurors also may consider a lesser charge of criminally negligent homicide.
As might be expected, the prosecution and defense described two very different men Thursday as they tried to persuade jurors to vote their way.
According to Collins, Mielke is a fearful man obsessed with security who entered the chapel early that morning planning to shoot the intruder he knew was there.
"He's a person who needs a gun before he can talk to a stranger," Collins said. He noted Mielke's testimony that he once avoided talking to two drunks loitering in the church parking lot because he wasn't armed.
"Does a reasonable person feel they need a gun to approach another person?" Collins asked jurors. "He needs a gun to give him courage."
When Mielke strapped on his .44-caliber handgun and went to investigate the thunk he heard over the intercom, he found an empty car idling in the brush off the chapel parking lot. Obviously someone was in the church, Collins said. That's when a reasonable person would have called Alaska State Troopers rather than enter a darkened building by himself, setting up a potentially deadly situation.
Mielke wanted to shoot the intruder, Collins charged.
Ridiculous and unreasonable, Gilmore replied. Just imagine that call to 911, he urged jurors. When the dispatch operator asked, "What is the nature of your emergency?" Mielke would say: 'Well, I heard a noise. It could be inside or outside. It could have been a car door slamming.' "
What was the likely response, Gilmore said, mimicking a dismissive dispatcher: " 'Thank you, Mr. Mielke. Please call us again when you hear another noise that could have been inside or outside, or a car door.' "
"You don't want to call wolf," Gilmore said. "His job is to see if there's something fishy going on at the church, inside or out."
At first, things looked fine. Then he heard voices from the basement and shouted over the intercom to his wife, Helen, to call 911, Gilmore said. But she didn't hear him.
Almost immediately, Jones and Palmer came rushing up the basement stairs at him, Gilmore said.
"It was like a bear charging," Gilmore said. "The critical feature of this event (is) it happened in a matter of seconds ... and it happened in the dark. ... His fear that caused him to pull the trigger was reasonable under the circumstances."
"These guys were running out of the building," Collins replied. Mielke obviously believes "it's OK to shoot first and ask questions later and hope the people you shot deserved to be shot," said Collins, adding that the preacher had no idea who was coming up those steps. It could have been scared kids.
"They showed absolutely no aggression toward him except to try to run away," Collins said.
If he was acting in self-defense, why did Mielke empty his gun out a window at Jones' back as the mortally wounded man fled toward the idling car? Collins asked. "Once he started shooting, he couldn't stop shooting. ... This is the act of someone who isn't going to let them get away."
And in the end, what was the point of it all? Collins asked. "There were no assets worth a life-or-death decision in that church." The burglars were stealing donated food the church planned to give away, Collins said. "You don't take a gun to protect some old doughnuts. ... Those are not the actions of a reasonable person."
Daily News reporter Sheila Toomey can be reached at
[email protected].
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its obvious where that prosecutor stands on self defense shootings. good luck to Pastor Mielke.