Drizzt
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Daily Oklahoman (Oklahoma City, OK)
June 6, 2003 Friday CITY EDITION
SECTION: NEWS; Pg. 1-A
LENGTH: 910 words
HEADLINE: Bank's savior not licensed as armed guard, officials say
BYLINE: Ken Raymond; Staff Writer
BODY:
The security guard who shot a suspected Oklahoma City bank robber was not licensed to carry a firearm on the job, officials said Thursday.
Dennis Asper, a retired Oklahoma City police officer, shot Charles William James, 55. On Wednesday, James tried to rob the Americrest Bank, 6809 N Meridian, police said.
Police said James, of Chickasha, entered the bank armed with a semiautomatic pistol, an apparent smoke grenade and a fake bomb. James survived the shooting and is expected to face state and federal charges.
Asper, who has been lauded as a hero, may have been operating on the fringes of the law, said officials at the Oklahoma County district attorney's office and the state Council on Law Enforcement Education and Training.
"We're aware of the incident, and we will conduct an investigation into it," said Charles Spencer, the council's assistant director. "We have no record of him currently being licensed as a security guard in the state of Oklahoma, and it could mean that he's in violation, and that's the bottom line."
Armed security guards in Oklahoma are required to be certified by the council, Spencer said.
The only exemption to the armed guard rule is for "active, full-time, certified" peace officers such as police and sheriff's deputies.
"He's a retired peace officer," Spencer said. "He is not an active, full-time peace officer. He is not a licensed security guard."
Oklahoma County District Attorney Wes Lane said he could not comment on Asper's status because he has not been given details of the case.
Another prosecutor in Lane's office, who asked for anonymity, said Asper appears to have been operating within the law when he shot James - but the weapon used to shoot him was probably illegal.
The conflict may center on statute changes created by the Self Defense Act, which allows qualified individuals to carry concealed weapons legally.
For most of the years since statehood, retired police officers were legally allowed to carry weapons openly, the prosecutor said.
When the Self-Defense Act passed, retired officers were no longer allowed to carry unconcealed weapons, but were allowed to carry hidden weapons as long as the law enforcement council issued them cards confirming that right.
On Jan. 30, 2002, Asper - then a full-time police officer preparing for retirement - submitted a request for permission to wear his police uniform to the Americrest job, saying he agreed to abide by the same uniform requirements that apply to active and full-time officers, Oklahoma City police Capt. Jeffrey Becker said.
On Feb. 27, 2002, Police Chief M.T. Berry granted Asper's request, Becker said, but Berry cautioned: "You should also contact CLEET to ensure that you are in compliance with state law regarding uniformed security guards."
Spencer said he has no record of Asper being licensed.
"We're a regulatory agency," Spencer said, "and it's set out statutorily that if a person is working as a licensed security guard and they violate the rules, they're subject to a fine. ... If a person's not licensed, there's nothing there to revoke. We have very limited, from our standpoint, authority.
"Now the DA's office may want to look into it."
Based on anecdotal evidence of the case, the prosecutor said, issuing Asper a municipal citation for violating gun rules is "lacking prosecutive merit."
Tom Legan, president of Americrest Bank, said "a reliable source" advised the bank that Asper was legally entitled to carry a weapon while working as a security guard. He said he understood that retired officers automatically retain law enforcement council certification.
"We feel that all of our people responded appropriately under the circumstances," Legan said.
The bank provides guidelines for security guards, Legan said.
He would not let The Oklahoman review those guidelines, citing security concerns.
Oklahoma City police Sgt. Charles Phillips said off-duty and retired officers are prized as security guards because of their training.
"If you were there just to facilitate demands," Phillips said, "they wouldn't need or wouldn't hire a uniformed presence. When a uniformed officer is hired, they have certain expectations that you will do whatever seems appropriate at the time ... to protect people.
"Occasionally, they will tell you what they want you to do. But as far as how to take enforcement action or anything like that, they won't tell you how to do that. That's something they're not going to dictate."
Becker, who has worked security jobs in the past, said "almost all" Oklahoma City banks have armed security.
James, who was hired last month by the Grady County Sheriff's Department to coordinate its enhanced 911 system, was treated at OU Medical Center and booked into jail Wednesday night.
He faces complaints of committing a felony while in possession of a simulated explosive device, possession of a firearm during commission of a felony, robbery with explosives and firearms, assault with a deadly weapon on an officer, and assault with a deadly weapon.
Bail has been set at 94,000.
"He seemed intelligent," Grady County Sheriff Kieran McMullen said. "He was a hard worker, always in a good mood."
Southwestern Bell spokesman Marty Richter would not comment on James, who worked for SBC for 29 years before retiring in 2001.
In the years between that job and his hiring by Grady County, James operated Bushy James Consulting Inc., McMullen said.
June 6, 2003 Friday CITY EDITION
SECTION: NEWS; Pg. 1-A
LENGTH: 910 words
HEADLINE: Bank's savior not licensed as armed guard, officials say
BYLINE: Ken Raymond; Staff Writer
BODY:
The security guard who shot a suspected Oklahoma City bank robber was not licensed to carry a firearm on the job, officials said Thursday.
Dennis Asper, a retired Oklahoma City police officer, shot Charles William James, 55. On Wednesday, James tried to rob the Americrest Bank, 6809 N Meridian, police said.
Police said James, of Chickasha, entered the bank armed with a semiautomatic pistol, an apparent smoke grenade and a fake bomb. James survived the shooting and is expected to face state and federal charges.
Asper, who has been lauded as a hero, may have been operating on the fringes of the law, said officials at the Oklahoma County district attorney's office and the state Council on Law Enforcement Education and Training.
"We're aware of the incident, and we will conduct an investigation into it," said Charles Spencer, the council's assistant director. "We have no record of him currently being licensed as a security guard in the state of Oklahoma, and it could mean that he's in violation, and that's the bottom line."
Armed security guards in Oklahoma are required to be certified by the council, Spencer said.
The only exemption to the armed guard rule is for "active, full-time, certified" peace officers such as police and sheriff's deputies.
"He's a retired peace officer," Spencer said. "He is not an active, full-time peace officer. He is not a licensed security guard."
Oklahoma County District Attorney Wes Lane said he could not comment on Asper's status because he has not been given details of the case.
Another prosecutor in Lane's office, who asked for anonymity, said Asper appears to have been operating within the law when he shot James - but the weapon used to shoot him was probably illegal.
The conflict may center on statute changes created by the Self Defense Act, which allows qualified individuals to carry concealed weapons legally.
For most of the years since statehood, retired police officers were legally allowed to carry weapons openly, the prosecutor said.
When the Self-Defense Act passed, retired officers were no longer allowed to carry unconcealed weapons, but were allowed to carry hidden weapons as long as the law enforcement council issued them cards confirming that right.
On Jan. 30, 2002, Asper - then a full-time police officer preparing for retirement - submitted a request for permission to wear his police uniform to the Americrest job, saying he agreed to abide by the same uniform requirements that apply to active and full-time officers, Oklahoma City police Capt. Jeffrey Becker said.
On Feb. 27, 2002, Police Chief M.T. Berry granted Asper's request, Becker said, but Berry cautioned: "You should also contact CLEET to ensure that you are in compliance with state law regarding uniformed security guards."
Spencer said he has no record of Asper being licensed.
"We're a regulatory agency," Spencer said, "and it's set out statutorily that if a person is working as a licensed security guard and they violate the rules, they're subject to a fine. ... If a person's not licensed, there's nothing there to revoke. We have very limited, from our standpoint, authority.
"Now the DA's office may want to look into it."
Based on anecdotal evidence of the case, the prosecutor said, issuing Asper a municipal citation for violating gun rules is "lacking prosecutive merit."
Tom Legan, president of Americrest Bank, said "a reliable source" advised the bank that Asper was legally entitled to carry a weapon while working as a security guard. He said he understood that retired officers automatically retain law enforcement council certification.
"We feel that all of our people responded appropriately under the circumstances," Legan said.
The bank provides guidelines for security guards, Legan said.
He would not let The Oklahoman review those guidelines, citing security concerns.
Oklahoma City police Sgt. Charles Phillips said off-duty and retired officers are prized as security guards because of their training.
"If you were there just to facilitate demands," Phillips said, "they wouldn't need or wouldn't hire a uniformed presence. When a uniformed officer is hired, they have certain expectations that you will do whatever seems appropriate at the time ... to protect people.
"Occasionally, they will tell you what they want you to do. But as far as how to take enforcement action or anything like that, they won't tell you how to do that. That's something they're not going to dictate."
Becker, who has worked security jobs in the past, said "almost all" Oklahoma City banks have armed security.
James, who was hired last month by the Grady County Sheriff's Department to coordinate its enhanced 911 system, was treated at OU Medical Center and booked into jail Wednesday night.
He faces complaints of committing a felony while in possession of a simulated explosive device, possession of a firearm during commission of a felony, robbery with explosives and firearms, assault with a deadly weapon on an officer, and assault with a deadly weapon.
Bail has been set at 94,000.
"He seemed intelligent," Grady County Sheriff Kieran McMullen said. "He was a hard worker, always in a good mood."
Southwestern Bell spokesman Marty Richter would not comment on James, who worked for SBC for 29 years before retiring in 2001.
In the years between that job and his hiring by Grady County, James operated Bushy James Consulting Inc., McMullen said.
