DATE: Wednesday, June 25, 1997              TAG: 9706250519

SECTION: FRONT                   PAGE: A1   EDITION: FINAL 

SOURCE: BY TOM HOLDEN, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:  119 lines

BEACH OFFICERS CLEARED IN MAN'S FATAL SHOOTING SUSPECT HAD A KNIFE AND MADE THREATS, THE COMMONWEALTH'S ATTORNEY SAYS.

The police officers who shot and killed a knife-wielding man after he had a violent argument with his girlfriend on Father's Day have been cleared of criminal misconduct, the commonwealth's attorney said Tuesday.

Bryan Edward Dugan, a resident of Windsor Woods who was armed with three steak knives, died after a tense standoff with police. It ended when he raised the knives above his head and lunged at an officer who then shot him.

``Mr. Dugan refused to discard his weapons despite repeated demands that he do so,'' Commonwealth's Attorney Robert J. Humphreys said in a two-page letter summarizing the findings of his office's investigation.

``It appears that he took deliberate steps toward provoking the officers into a situation where they would have no choice but the use of deadly force,'' he said.

His letter was addressed to City Manager James K. Spore, and a copy of it was forwarded to Police Chief Charles R. Wall. The full report, with statements from witnesses and officers, has not been made public.

Humphreys' ruling means the officers are free from criminal prosecution for their roles in the incident. There are two other official investigations under way: a death investigation and a professional standards report, both of which are being prepared by the police.

The death investigation is being held up pending the results of a toxicology report.

The shooting was the latest in a series of officer-involved shootings in Virginia Beach in which violent citizens threatened officers with harm. Seven suspects have been shot by police in the last 18 months and four have been killed. All of the shootings have been ruled justified by the commonwealth's attorney.

In the 11 days following the Dugan shooting, his family has mounted a steady campaign to conduct its own investigation. Dugan is the grandson of Virginia Beach developer Edward Garcia Sr., who has hired private investigators and a prominent law firm, Brydges Mahan & O'Brien, to learn more about the case.

``We're still gathering evidence,'' Garcia said Tuesday. ``The evidence we're gathering appears to us that there was no justification. We're just waiting to see their report. We're just looking for the truth.''

The June 15 shooting of Dugan took place after police were called to the 600 block of Chancery Square, where Dugan and his girlfriend, Kellie Pryor, lived in a town house.

Police arrived in response to numerous 911 calls from concerned neighbors. Among those who called was a 12-year-old boy who lived in the townhouse and was sent by Pryor to call police from a pay phone.

When police arrived, they found a front window broken and the home in shambles. The refrigerator was on its side. Clothing was strewn about, furniture broken, and the water bed was leaking from an apparent slashing by a knife.

Officers Jose Aguirre and Lois Kinch immediately found Dugan inside the townhome and, with their guns drawn, ordered him to drop his knives. Instead, the 19-year-old ran out the back door with the officers in pursuit, according to Humphreys.

Dugan ran out of the back yard and turned right, heading down a grassy path that divides the townhomes on an adjoining street. As he reached Counselor Lane, the two officers caught up with him and attempted to talk him into surrendering.

Police, witnesses and an investigator from the commonwealth's attorney generally agree on the following events:

As Dugan began walking down the street, the officers followed him on either side, ordering him repeatedly to drop his knives. He held two in his right hand and one in his left.

Dugan, who had been drinking heavily the night before and had apparently not slept, ignored the commands.

At one point, Humphreys said, one of the officers attempted to spray Dugan with pepper spray but was not able to get close enough to allow the spray to have any effect. It was not known how many times the police tried to use the spray.

At the intersection of Counselor Lane and Governors Way, a distance of about 150 yards from where he first walked on the street, Dugan stopped running and repeatedly shrieked at police, ``Kill me! Shoot me! I want to die!,'' Humphreys said in his letter.

As Dugan brandished his weapons, Aguirre tried to disarm him using a side baton but was unsuccessful. While Aguirre was attempting to use the baton, Dugan lunged at him.

As the officers and Dugan moved down the street, the commotion was getting the attention of neighbors.

While Dugan was in the intersection, he began to walk in lazy circles while still yelling at police. At this point, Officer Edward Kopicki arrived and pulled his police car into the intersection just in front of Dugan. The distance was estimated at about 10 feet by Humphreys. Seeing that the other officers had their guns drawn, Kopicki did the same as soon as he got out of his car.

Dugan then reportedly said, ``Do you want some of my stuff?'' and advanced quickly on Kopicki with his arms above his head. At that point, Kopicki and Aguirre fired at Dugan, who fell in the intersection.

Officers then rushed to him. Kinch kicked the knives away. Dugan was handcuffed and ordered to lie still until an ambulance arrived. He was taken to Virginia Beach General Hospital's trauma center and arrived at 7:15 a.m. He had gunshot wounds to his right hip and upper leg, according to the trauma team's initial patient assessment.

Physicians operated as quickly as possible and located a tear in a artery of the leg. By then, Dugan's heart had begun to fail. Efforts to revive him failed and he died.

The Garcia family and some eyewitnesses have questioned some of the police officers' actions, wondering why the pepper gas was not effective and why, if there were three officers confronting one drunk man, they could not subdue him.

Humphreys, in an interview, was quick to counter.

``You don't want to get within arm's reach of a man holding a carving knife,'' he said. ``If you can plan to be upwind and judge wind conditions, then maybe your pepper gas could be more effective. It's hard to second guess. They have to make split decisions. Lawyers, judges, reporters, will second-guess them for months. They have to rely on training.

``I grieve for Mr. Dugan's family,'' Humphreys said. ``But Mr. Dugan has to bear some responsibility here. No one asked him to go on a rampage in his townhouse. No one asked him to take up knives. What are the police supposed to do?'' ILLUSTRATION: [Color Photo]

Bryan Edward Dugan was shot June 15 after police were called to his

Virginia Beach townhouse. KEYWORDS: FATALITY SHOOTING VIRGINIA BEACH POLICE

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