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警方的内部调查报告里的事实部分，开火在D。
Review of Officer Involved
Shooting of Dustin Theoharis
Report Prepared for the Office of Law Enforcement Oversight
07-10-13_Review_of_Officer_Involved_Shooting_of_Dustin_Theoharis.pdf
I. Factual Background.
A. Receipt of Department of Corrections (DOC) Warrant and Preparation.
The officer-involved shooting incident occurred during service of a Department of
Corrections (DOC) warrant for the arrest of Probationer Nicholas Harrison, who had failed
to report to community supervision. The arrest was carried out by DOC Officer Y with the
assistance of three members of KCSO’s Gang Unit: Detectives X, A, and B. KCSO has
provided similar assistance to DOC many times in the past pursuant to a memorandum of
understanding. Detective X later reported to investigators that he himself had provided
assistance on at least 500 similar calls prior to the shooting in this case.
Officer Y received information from DOC that Probationer Harrison resided at the house of
his father, Cole Harrison. Officer Y put together an arrest packet that included Probationer
Harrison’s description and a photograph. He later reported that he had had a confidential
informant visit the house and confirmed by telephone that Probationer Harrison was
home. 2 The informant also reported that the Probationer’s father, Cole, was there, as well
as his brother, Shane, and Nicholas Harrison’s five year-old son.
B. Arrest of Harrison and Upstairs Search.
Service of the warrant and the arrest were uneventful. The officers arrived at Harrison’s
house at approximately 3:45 p.m. All officers were in plain clothes, although they wore vests
or jackets that clearly identified them as law enforcement. Detective B moved to the
backyard to cover any possible escape route, while DOC Officer Y and KCSO Detectives X and
A entered the residence after speaking to Harrison’s father, Cole Harrison.
Almost immediately upon entering the split-level house, the officers spotted the
probationer, Nicholas Harrison, at the top of a short flight of stairs. They summoned him
down and handcuffed him without incident. The arrest appears to have been completed
within a minute or two after entering the home.
Rather than depart the residence with Nicholas Harrison in custody, DOC Officer Y decided to
remain at the house and spend some time “looking around for DOC violations.” 3 The
conditions of Harrison’s release authorized DOC to search his residence. Officer Y an d
Detective X elected to search the upstairs of the residence together. A brief search of
Probationer Harrison’s room and a brief conversation with the Probationer’s brother, Shane
Harrison, did not identify any DOC violations or any evidence suggesting a threat to officers’
safety. While speaking to Shane, the officers learned that another individual, Dustin
Theoharis, was staying in a lower-level bedroom. The officers claim they found a single sheet
of paper that looked like a drug ledger, but they did not pursue the matter further. The
officers later reported they did not ask about weapons in the house.
C. The Living Room Conversation and Decision to Search the Downstairs.
After searching Probationer Harrison’s bedroom, Officer Y and Detective X returned to the
kitchen/living room area where Detective A was waiting with Probationer Harrison and his
family. Around the same time, Detective B joined the group.
The witnesses disagreed about the details of the ensuing discussion, but agreed that
DOC Officer Y and Detective X told the group they were going to look downstairs. All
witnesses except Detective A reported hearing them say they were going to look for Mr.
Theoharis in the downstairs bedroom.
Detectives A and B remained with Nicholas, Cole, and Shane Harrison, and Nicholas’ five
year-old son in the kitchen/living room area. These individuals (except the child, who was
not interviewed) later reported not hearing any sounds from downstairs prior to the
shooting. They disagreed about whether they would be able to hear loud officer commands
below.
In the downstairs foyer, DOC Officer Y and Detective X noticed a tall, closed gun safe to their
left and agreed they would ask Cole Harrison about it later. According to Detective X, he
drew his primary firearm, a Glock .40, and used the barrel mounted flashlight to illuminate
the room. (It appears there was no KCSO policy regarding weapon-mounted flashlights, and
it is unclear whether this flashlight or its use here was authorized.) DOC Officer Y had a
handheld flashlight and left his gun holstered.
The two officers proceeded to the room where Dustin Theoharis was reportedly staying.
Cole Harrison later described the room as “a little apartment by itself,” with its own
bathroom and outdoor entry. He added that he would n ot enter the room without
knocking. 4 Both officers had been in this room during an October 2010 DOC visit to
Probationer Harrison and had encountered a different lodger who, according to Detective X,
had access to firearms. 5 The officers later reported that the glass door to the bedroom was
covered in fabric and the room was dark inside. They noted the glass door had an exterior
lock and opened to the outside.
D. Room Entry and Shooting.
According to the officers, DOC Officer Y made first contact with Dustin Theoharis by
knocking on the door, announcing, “Police.” He drew his sidearm and partially opened the
door to look inside. (P 744). He could see the room was dimly lit, with Theoharis lying on a
bed, covered by a comforter. The room was quite cluttered, and a night stand next to the
bed held drug paraphernalia.
Both officers reported they identified themselves as law enforcement and asked Theoharis
to show his hands as they entered the room, illuminating it with their flashlights. Theoharis
briefly raised his hands from under the comforter, but only for a moment. The officers now
stood at the foot of the bed. Officer Y, holding his gun in his right hand and his flashlight in
his left, pulled the comforter off the bed, exposing Theoharis, who was fully dressed . Dustin
Theoharis did not make any sudden movements and no weapons were in view.
Remaining at the foot of the bed, DOC Officer Y asked Theoharis if he had any guns.
Theoharis reportedly replied that he had three. According to the officers, when DOC
Officer Y asked where the guns were, Theoharis called out suddenly, “Right here,” and
then lunged to the left (nightstand) side of the bed and began reaching under the
mattress with his left hand.
The officers reported shouting commands for Theoharis to stop and show his hands. When
Theoharis continued his actions, the officers opened fire. It is not clear who fired first.
Detective X reported that when he opened fire, Dustin Theoharis’s back was exposed to him,
as Theoharis was still reaching for something he thought was a gun. DOC Officer Y stated
that Dustin Theoharis transitioned to lay flat on the bed.
KCSO investigators never conclusively established how many rounds were fired, because the
officers were unsure how many rounds they had loaded in their weapon s. Investigators
recovered 15 shell casings — eight matching DOC Officer Y’s gun and seven matching
Detective X’s. Only seven spent bullets were recovered. (P 378). The MCU and IIU
investigations do not confirm how many rounds struck Theoharis or describe their trajectory.....
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发表于 2015-2-20 14:14
