Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, October 13, 1995 TAG: 9510130036
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: FLOYD LENGTH: Long
Floyd County Commonwealth's Attorney Gino Williams exonerated officers J.E. Keene and T.D. Wimmer from any criminal wrongdoing. The officers fired at Taylor after he aimed the pistol at them as they tried to arrest him. He had been charged with failing to appear in court for a probation violation hearing.
"I find absolutely no reason at this time that any charges be placed against the officers," Williams said. "... When you pull a gun on a police officer, the stakes become much greater."
The officers believed the weapon was a handgun and felt their lives were in danger, according to statements they gave investigators.
"This gun is a 'look-alike' weapon, manufactured to resemble a Desert Eagle pistol manufactured by Israel Military Industries," Williams wrote in a 12-page report to Montgomery County Circuit Court Judge Ray Grubbs.
It was discovered during the investigation that the BB pistol appears to be one stolen in a burglary in Blacksburg before Aug. 11.
Williams' charge as special prosecutor was to determine whether the officers were there to make a proper arrest and whether they were justified in their use of deadly force.
Police were lawfully looking for Taylor, 22, as they had a warrant to serve on him, Williams said. Taylor had been convicted in 1992 of robbery and had served time in the Montgomery County Jail before being released on probation.
The officers were dispatched to Revco after police received a tip that Taylor was there, Williams said. The officers circled Taylor, who was standing at a front cash register exchanging coins for paper money. When officers asked if he was Taylor, he denied it, and turned back to face a cashier. Officers and the cashier say Taylor reached into his pants and turned back toward police pointing the pistol.
Officer Michael Mickey, who did not fire his weapon, told reporters in August that he was behind Taylor and tried to wrestle the pistol away. Williams said Thursday there is no evidence Mickey ever had Taylor in his control.
When Taylor pointed the BB pistol at Wimmer and Keene, they drew their weapons and fired.
Keene, a seven-year veteran of the police department, fired 13 shots. Wimmer, a six-year veteran, fired five. A total of 12 shots hit Taylor. Two struck Mickey - one hitting him in the thigh and the other hitting his radio.
Mickey, a six-year veteran, was hospitalized for several days.
Taylor's shooting divided the community. Friends, family members and some citizens - including some Blacksburg High School students who walked out of class one day last month to protest - have questioned why Taylor was shot so many times. They also have asked why officers went inside a store to arrest him - possibly putting customers and workers at risk - instead of waiting until he came out.
Williams said there was nothing wrong with the officers going into the store to seek Taylor.
While there were about 10 customers and employees in the store, Williams said, there is no evidence that any of them were in the line of fire.
"Mr. Taylor's conduct ... was a criminal act. Why he pulled the weapon is a matter of speculation. Once he pulled the weapon, he placed the officers in peril, or at least in a position where they believed they were in peril," Williams wrote in his report. "... A police officer being faced with what he believes to be deadly force is trained to react in such a way as to protect himself," and to continue to protect himself until the perceived threat is no longer there.
Williams said he told Taylor's family members of his decision before Thursday's news conference.
Patricia Arnold, Taylor's aunt, said she was not surprised by the report's conclusion, just angry. Arnold said she can understand why the police shot Taylor, but has trouble comprehending why he was shot 12 times.
"It upsets me," said Arnold, who was not at the family briefing. "I think it's a very unfortunate call. If it was me, a normal citizen who shot someone so many times, I'd be in jail for the rest of my life."
Williams said the familysuspects there is at least one person who witnessed the shooting but is afraid to come forward. But Williams said state police interviewed all the customers and employees who were in the store.
If any additional information becomes available, Williams said, it will be considered.
A separate FBI civil rights investigation of the shooting is continuing.
Taylor's mother, Cathy Austin, could not be reached for comment Thursday. Joe Hardy, a family spokesman who lives in New Jersey, said Thursday morning - before he knew the results of the report - that the family is considering a civil lawsuit.
In a news release Thursday, Chief Bill Brown said the officers - who have been on administrative leave since the shooting - would return to work soon.
Staff Writers Elissa Milenky and Robert Freis contributed information to this report.
by CNB