After reading this article it seems to me that the officers claim about the shotguns used in his department is unfounded. What do you think?
Dateline: Rochester, NY - 3/10/2004
By Jeffrey Blackwell
Democrat and Chronicle
A city police officer warned department officials about the potential danger of an accidental discharge from the shotguns used by the force 11 months before an unintended blast struck and killed Vernard “Vandy†Davis during a police raid on a city house Jan. 4, 2001.
Officer Emre Arican testified Tuesday in the civil trial against the city of Rochester and Police Sgt. David Gebhardt. He said he had written a memo recommending to Police Chief Robert Duffy that the department replace its Remington shotguns with a brand with a less sensitive trigger.
Arican, an investigator in the department’s Professional Standards Section, said he found three instances of accidental discharges between 1992 and 2000. One case led to an injury.
Davis’ family attorney, Edward Hourihan Jr., asked Arican whether the conditions surrounding the death of Davis were similar to his concerns about the shotgun.
“Yes,†he said.
Gebhardt was carrying a department-issued shotgun during the raid of a suspected drug house. He testified Monday that the shotgun accidentally discharged and struck Davis, 21, in the chest. Davis was unarmed.
Gebhardt also testified that he had disengaged the safety on the shotgun but his finger was never on the trigger. Lawyers for the family and city both said in their opening statements Monday that the shooting was accidental.
What caused the gun to discharge is unknown.
“I can’t respond with any amount of certainty why the shotgun discharged,†Duffy testified Tuesday.
Police records presented to the court state that one of the previous discharges happened when an officer tripped on a step. Another occurred when another person grabbed for the gun and it went off. Those instances were included in Arican’s report to Duffy.
Arican recommended the department purchase new shotguns with longer trigger pulls (double action). The Remington is a single-action and required a shorter pull on the trigger to discharge the weapon.
Arican told the court he believed the department’s use of a single-action shotgun was a danger and liability to the department.
Duffy testified that he reviewed Arican’s memo and passed it to his training and weapons commanders. They concluded that the problem was a training issue rather than a weapon issue.
The department had recently purchased 64 new Remington shotguns. Training officers also had concerns about possible dangers of instructing officers on two different types of shotguns.
Arican’s recommendations were rejected.
City municipal attorney Michele DiGaetano argued in her opening statements Monday that while there were three previous cases when that type of shotgun accidentally discharged, that number was tiny when compared with how often the shotgun was used.
On Tuesday she asked Duffy how many warrants are executed every year by the department’s tactical squad, of which Gebhardt was a member.
“We average between 400 and 700 a year,†he said. “Since 1995 there have been about 3,500 served warrants.â€
Duffy said the department has used the same model shotgun since the 1970s.
Testimony in the case is scheduled to resume today.
The jury will decide only whether the city and Gebhardt are liable for Davis’ death. If it does so, a later court hearing would determine damages.
A grand jury decided that Gebhardt did not commit a criminal act, and police investigators also cleared Gebhardt of any professional wrongdoing.
--------------------------------------------------------------------------------
Dateline: Rochester, NY - 3/10/2004
By Jeffrey Blackwell
Democrat and Chronicle
A city police officer warned department officials about the potential danger of an accidental discharge from the shotguns used by the force 11 months before an unintended blast struck and killed Vernard “Vandy†Davis during a police raid on a city house Jan. 4, 2001.
Officer Emre Arican testified Tuesday in the civil trial against the city of Rochester and Police Sgt. David Gebhardt. He said he had written a memo recommending to Police Chief Robert Duffy that the department replace its Remington shotguns with a brand with a less sensitive trigger.
Arican, an investigator in the department’s Professional Standards Section, said he found three instances of accidental discharges between 1992 and 2000. One case led to an injury.
Davis’ family attorney, Edward Hourihan Jr., asked Arican whether the conditions surrounding the death of Davis were similar to his concerns about the shotgun.
“Yes,†he said.
Gebhardt was carrying a department-issued shotgun during the raid of a suspected drug house. He testified Monday that the shotgun accidentally discharged and struck Davis, 21, in the chest. Davis was unarmed.
Gebhardt also testified that he had disengaged the safety on the shotgun but his finger was never on the trigger. Lawyers for the family and city both said in their opening statements Monday that the shooting was accidental.
What caused the gun to discharge is unknown.
“I can’t respond with any amount of certainty why the shotgun discharged,†Duffy testified Tuesday.
Police records presented to the court state that one of the previous discharges happened when an officer tripped on a step. Another occurred when another person grabbed for the gun and it went off. Those instances were included in Arican’s report to Duffy.
Arican recommended the department purchase new shotguns with longer trigger pulls (double action). The Remington is a single-action and required a shorter pull on the trigger to discharge the weapon.
Arican told the court he believed the department’s use of a single-action shotgun was a danger and liability to the department.
Duffy testified that he reviewed Arican’s memo and passed it to his training and weapons commanders. They concluded that the problem was a training issue rather than a weapon issue.
The department had recently purchased 64 new Remington shotguns. Training officers also had concerns about possible dangers of instructing officers on two different types of shotguns.
Arican’s recommendations were rejected.
City municipal attorney Michele DiGaetano argued in her opening statements Monday that while there were three previous cases when that type of shotgun accidentally discharged, that number was tiny when compared with how often the shotgun was used.
On Tuesday she asked Duffy how many warrants are executed every year by the department’s tactical squad, of which Gebhardt was a member.
“We average between 400 and 700 a year,†he said. “Since 1995 there have been about 3,500 served warrants.â€
Duffy said the department has used the same model shotgun since the 1970s.
Testimony in the case is scheduled to resume today.
The jury will decide only whether the city and Gebhardt are liable for Davis’ death. If it does so, a later court hearing would determine damages.
A grand jury decided that Gebhardt did not commit a criminal act, and police investigators also cleared Gebhardt of any professional wrongdoing.
--------------------------------------------------------------------------------
