Cops Shoot at Teenagers After Mis-Reading License Plates

Two Iowa cops discharged their weapons at a car occupied by two teens on June 2, 2015. DashCam footage, released to the Ottumwa Post, shows the vehicle pursuit that led up to the officer-involved shooting.

*The DashCam videos, related to this incident, contain harsh and explicit language.

The pursuit began when Officer Kathryn Blumhagen misread a license plate. Due to the error, Officer Blumhagen initially believed that the plates did not match the car.

According to Fairfield Police Department’s Pursuit Policy, the pursuit should have never happened.

“Procedure: Vehicle pursuit is justified only when the officer knows he has reasonable grounds to believe the suspect is attempting to evade apprehension and the suspect, if allowed to escape, may present a danger to human life or cause serious injury to other people.”

However, Fairfield Police Chief Dave Thomas stands behind his officers’ decision to pursue the vehicle despite the portions of the pursuit policy The Post quoted during the interview.

“We just didn’t know if there was a felony involved, or what was going on. Public safety is paramount. Quite frankly, [officers] weren’t sure what they had. Every law enforcement office in the country struggles with this, [the officers] were well within our policies. You are reading from one policy and only one policy and our general operating procedures say that these are general guidelines and not strict policies,” said Chief Thomas.

However, the Fairfield Police Department’s Pursuit Policy begins with the following statements.

PURPOSE: To establish guidelines and responsibilities for vehicle pursuits requiring emergency operation of Fairfield Police Department vehicles.

POLICY: Emergency operations of police department vehicles shall be conducted in strict accordance with existing statutes, rules and procedures.

Twice during the pursuit, Officer Kathryn Blumhagen can be heard making remarks to the driver of the vehicle.

The challenges heard on Officer Blumhagen’s DashCam do not seem to be in line with The Fairfield Police Department’s Pursuit Policy.

“When a decision to pursue is made, the safety of all concerned must be considered. The seriousness of the offense must be weighed against the hazards of the health and welfare of citizens who might be affected by the chase. During the pursuit, continuous balancing of the seriousness versus safety is mandatory.”

During a June 11, 2015 interview with Fairfield Police Captain Colin Smith, he described the length of the pursuit.

“The pursuit lasted approximately ten to fifteen minutes and covered roughly twenty miles,” said Cpt. Smith.

According to multiple statements in the Fairfield Police Department’s Pursuit Policy, the breach of the city limits should not have been made.

Boundary Limits: No officer will continue a pursuit initiated by this Department once the pursuit has reached two (2) miles outside the corporate city limits without the specific approval of the supervisor or senior officer. Any pursuit which requires leaving the county shall not be granted unless the crime is of no lesser degree than a felony.”

According to DashCam footage, Chief Thomas and Cpt. Smith, no felony had been committed before the pursuit began. However, Cpt. Smith stated that the pursuit was warranted.

“You have to think of the totality of the circumstances and for the minor traffic offenses that this person was being stopped for there was really no reason for him to run. So, you have to—it is reasonable to assume that they are running for some other reason than they don’t want to get stopped for the plates not matching their vehicle,” said Cpt. Smith.

Before the fleeing vehicle stopped, Sergeant Wall is heard on DashCam recording suggesting that he and Officer Blumhagen “box in” the vehicle. This maneuver was not utilized, but Sgt. Wall when recounting the events, stated that he was about to use the technique before the car lost control.

After the shooting, Sgt. Wall reiterated his intentions of “boxing in’ the vehicle and Officer Blumhagen comments that the maneuver is not allowed.

Below is the Fairfield Police Department’s Policy on “boxing in” fleeing vehicles.

“Offensive Tactics: During the course of a pursuit, deliberate contact between vehicles, forcing the offender into parked cars, ditches, or any other obstacle; boxing in or heading off; ramming; or driving alongside the pursued vehicle while it is in motion shall be prohibited unless such actions are specifically approved by the supervisor. Such tactics may be approved only when the use of deadly force would be authorized.”

Below is a video of the shooting.

Approximately six shots were fired towards the car. In the video below, the officers discuss where the bullets landed.

According to Chief Thomas, the officers were not disciplined for any procedural infractions during the incident.

“Faced with the situation, I believe they responded appropriately and were safe and did a good job in defending themselves,” said Chief Thomas.

In the DashCam video, Officer Blumhagen is seen running while shooting at the vehicle with one hand. Chief Thomas stated that this approach to shooting is a training opportunity.

“Our firearms instructor has looked at [the video] and wants to implement some scenario-based training… We saw no direct policy violations, we did see some indirect training opportunities for firearms training from this experience,” said Chief Thomas.

When specifically asked about the language Officer Blumhagen used towards the juvenile who appeared to be complaint, Chief Thomas admitted it was “unprofessional.”

“We want our officers to stay professional at all times. Unfortunately, being an officer; being human; being a parent; has kind of led to experiences where—it is the same way as being a parent. You don’t want to say profanities to your kids, but sometimes, ‘Please sit down’ doesn’t work in the situation and profanity is used. We address it every time it is used,” said Chief Thomas.

Chief Thomas added that a note, called a Counselling Report, was placed in Officer Blumhagen’s file in response to the language used towards the juvenile.

The officers returned to work on June 10, 2015, after an internal investigation was completed at the Fairfield Police Department. The Division of Criminal Investigation cleared the officers of the shooting, along with the Jefferson County Attorney’s Office and the Van Buren County Attorney’s Office in September 2015. According to Chief Thomas, both county attorney offices looked into the matter because the incident spanned both Jefferson and Van Buren Counties.

The driver of the vehicle, Dakota Murray, 19, pleaded Guilty to Eluding and was sentenced to two years in prison by Judge Crystal Cronk. According to online records, Murray is scheduled to be released July 4, 2016. Once released, Murray will be extradited to Missouri for violation of his parole.

From ottumwaeveningpost.com