4 Washington Officers Killed in Ambush

I had thought coming back after a week of giving thanks for our families and friends, that the news would be more positive than this. The blog is so saddened to report that 4 police officers in Washington were specifically targeted and killed because of the uniform that they wore. Think about it - the officers were out in the public eye and someone (or somebodies) plotted to summarily cut their lives short.

So for those in the public venue that think being a cop isn't a dangerous job - think again.

The blog's thoughts and prayers are with the families of the officers and the Lakewood Police Department.

SEATTLE - After an overnight standoff, police on Monday searched a Seattle house where they thought a suspect in the slayings of four police officers in a neighboring county may have been holed up, but found no sign of him.

Police said earlier that Maurice Clemmons, 37, was likely wounded and may be dead.

Overnight, authorities used loudspeakers, explosions and even a robot to try to prod him from the house, in a lakefront neighborhood about 35 miles north of the shooting scene.

Officers entered the house Monday morning, but Clemmons wasn't inside, said Ed Troyer, a spokesman for the Pierce County sheriff's department.

Troyer said police don't know where Clemmons is, and it's possible he may still be in the neighborhood staked out overnight. Troyer also said people who know Clemmons told investigators that he had been shot in the torso, apparently by return fire from one of the officers he is suspected of killing Sunday morning.

"We have determined that in fact he has been shot," Troyer said earlier. "He may be deceased from his gunshot wound."

Clemmons, who has a long criminal history — including a long prison sentence commuted by former Arkansas Gov. Mike Huckabee nearly a decade ago — became the prime target Sunday in the search for the killer of Lakewood police Sgt. Mark Renninger, 39, and Officers Ronald Owens, 37, Tina Griswold, 40, and Greg Richards, 42.

'You need to man up'
Police surrounded the house in the Leschi area of Seattle late Sunday, and a negotiator used a loudspeaker early Monday to call him out by name, saying: "Mr. Clemmons, I'd like to get you out of there safely. I can tell you this, we are not going away."

Shortly thereafter, police began using sirens outside the house, and there were several loud bangs before the negotiator resumed speaking, saying: "This is one of the toughest decisions you'll make in your life, but you need to man up."

By 3 a.m. Pacific time, the loudspeakers and explosions had fallen silent. Seattle Police spokesman Jeff Kappel said Clemmons never responded.

Investigators say they know of no reason why anyone would open fire on the four officers as they sat in the coffee shop in Parkland, south of Tacoma, in Pierce County about 35 miles south of Seattle, Sunday morning. The officers were working on their laptops, catching up on paperwork at the beginning of their shifts.

"We're going to be surprised if there is a motive worth mentioning," said Troyer, who sketched out a scene of controlled and deliberate carnage that spared the employees and other customers at the coffee shop.

"He was very versed with the weapon," Troyer said. "This wasn't something where the windows were shot up and there bullets sprayed around the place. The bullets hit their targets."

Investigators believe two of the officers were killed while sitting in the shop, and a third was shot dead after standing up to confront the shooter. The fourth apparently "gave up a good fight" and managed to get off several shots.

"We believe there was a struggle, a commotion, a fight ... that he fought the guy all the way out the door," Troyer said.

Troyer said the four officers were wearing bulletproof vests at the time.

Long rap sheet
Officer Richards' sister-in-law, Melanie Burwell, called the shooting "senseless."

"He didn't have a mean bone in his body," she said. "If there were more people in the world like Greg, things like this wouldn't happen.

Pierce County Sheriff's Dept. via AP Lakewood Police officers Greg Richards (top left), Mark Renninger (top right), Tina Griswold (bottom right) and Ronald Owens (bottom left) were shot and killed at a coffee shop in Parkland, Wash., on Sunday.

Clemmons has an extensive violent criminal history from Arkansas. He was also recently charged in Washington state with assaulting a police officer, and second-degree rape of a child. Using a bail bondsman, he posted $150,000 — only $15,000 of his own money — and was released from jail last week.

Documents related to the pending charges in Washington state indicate an unstable and volatile personality. In one instance, he is accused of punching a sheriff's deputy in the face, The Seattle Times reported. In another, he is accused of gathering his wife and young relatives and forcing them to undress, according to a Pierce County sheriff's report.

"The whole time Clemmons kept saying things like trust him, the world is going to end soon, and that he was Jesus," the report said.

Sentence commuted
In 1989, Clemmons, then 17, was convicted in Little Rock for aggravated robbery. He was paroled in 2000 after Huckabee commuted a 95-year prison sentence.

Huckabee, who was criticized during his run for the Republican presidential nomination in 2008 for granting many clemencies and commutations, cited Clemmons' youth. Clemmons later violated his parole, was returned to prison and released in 2004.

On Sunday, Huckabee issued this statement on his Web site: "Should he be found to be responsible for this horrible tragedy, it will be the result of a series of failures in the criminal justice system in both Arkansas and Washington state."

There was no indication of any connection between Sunday's killings and the Halloween night shooting of a Seattle police officer.

Authorities say the man charged with that shooting also firebombed four police vehicles in October as part of a "one-man war" against law enforcement. Christopher Monfort, 41, was arrested after being wounded in a firefight with police days after the Seattle shooting.

The officers killed Sunday had received no threats, sheriff's officials said.

"We won't know if it's a copycat effect or what it was until we get the case solved," Troyer said.

Fallen Hero Office Rich May: Trial Notes From Last Week

Monday, November 23, 2009

Alvarez - A Cold Blooded Killer

Prosecution provided the summary of events today. Alberto Alvarez is a cold blooded killer – who shot and killed Officer Richard May. This is the clear statement from the prosecution in summary at the trial. Officer May followed Alvarez because he fit the description and was running from the fight for which Officer May was dispatched following a 911 call. Alvarez, an armed felon, ran away from Officer May. Officer May yelled for Alvarez to stop. This all comes from witnesses. What we do not know is what words were exchanged between Alvarez and Officer May during the period May was following Alvarez on foot. We will never know if Officer May knew Alvarez. We do know that Alvarez turned and shot Officer May. Several times. We know that Officer May was able to get off one shot as he started falling to the ground, hitting Alvarez in the leg. We know that Alvarez then stepped up to officer May on the ground and fired a couple more shots into Officer May to make sure he was dead. Execution Style.

The defense, in their closing argument, described how Alberto Alvarez was an innocent person who only hurried across a busy road and was not running from the officer. During the trial the defense stated that Alvarez only ran across University Avenue because of the busy traffic. The defense had a local store video showing Alvarez running. In the video, there were NO CARS ON UNIVERSITY at the time of the run across the street. The explorer scout riding in Officer May’s car stated that Alvarez looked at them in the car, he looked worried, and turn and ran. The defense attorneys then state that Alvarez, afraid for his life, ran away from the officer who told him to stop. The defense attorneys had the gall to say that nothing else happened that provoked Officer May to take out his asp (baton) and strike Alvarez on the outside of his shoulder. The next and amazing statement from the defense was that officer May then shot Alberto Alvarez for no reason. The defense then said that Alvarez feared for his life when he was shot for no reason – and at that time only, Alvarez took out his gun and fired many times at Officer May in defense – while Officer May no longer fired at Alvarez. Amazing. This armed felon feared for his life? No. He feared he was going back to jail. This is exactly the same reason four Oakland officers were killed a few months ago! A parole with a gun that did not want to back to jail.

I receive a lot of emails asking how the defense attorneys sleep at night. I do not know the answer to that question. Actually, I think of the relatives of the defense attorneys. How embarrassing this must be for them to listen to this amazing “scared for his life” defense.

Rick May

Rich’s father.

Thursday, November 19, 2009

Jury Instructions Debate

A court day closed to the public. The defense had four attorneys arguing the instructions at the public's expense.

People. v. Alberto Alvarez (9-6-83), East Palo Alto PD 187(A)&190.2(A)(7)& 12022.53(D)/12021(A)(1) 1-7-2006 Fatal Shooting Of EPAPD Officer Richard May On Weeks Street In EPA During Foot Pursuit Following Disturbance At Restaurant; Grand Jury Indictment; Death Penalty Case (DDA Steve Wagstaffe)

-54th day of jury trial was completed in Dept. 9, Judge Craig Parsons. The judge discussed jury instructions with the attorneys all day. The court ruled on numerous legal issues involving the legal instructions to be read to the jurors Monday morning. Over prosecution objection, the judge granted the defense motion to instruct the jury on voluntary manslaughter based on the theory that Officer May provoked the defendant by hitting him with the asp and the defendant killed the officer while in a heat of passion. The court will also instruct the jury on voluntary manslaughter based on a theory that the defendant killed Officer May in the unreasonable but honest belief in the need to shoot in self-defense. So the jury will be given the choices of first degree murder, second degree murder, voluntary manslaughter and not guilty based on true self-defense. Judge Parsons granted prosecution special instructions on use of force and rejected the defense special instructions on use of force and unlawful detention. The trial resumes Friday morning at 11:00 with further discussion of the jury instructions. Closing arguments remain scheduled for Monday morning at 9:15 (the court will pre-instruct the jury the first hour, take a short break, and the closing arguments will follow). The defendant remains in custody on no bail status.

My guess - the judge provided several options for the jury in order to limit the number of appeals following the jury's decision.

Johnigan Sentenced 15 Years to Life In Cleaves Death

SM Times: Johnigan sentenced to 15 years to life in prison

"A woman convicted of murder in a drunken-driving crash that killed a District Attorney’s Office investigator last year should spend at least 15 years in prison, Santa Barbara County Superior Court Judge James Rigali ruled today.

Ashley Johnigan, 24, who lived in Santa Barbara at the time of the May 1, 2008 crash in the Santa Ynez Valley, was sentenced today in a Santa Maria courtroom.

The crash killed 53-year-old Santa Ynez resident Laura Cleaves, a senior investigator with the District Attorney’s Office.

Johnigan drank heavily before the head-on collision on Highway 154 near the intersection with Highway 246.

In September, a Santa Maria jury found Johnigan guilty of murder, vehicular manslaughter and two misdemeanor drunken-driving counts.

Jurors acquitted Johnigan of a special allegation that her actions caused serious injuries to more than one person, regarding a third driver who was involved in the crash.

The murder charge carries a sentence of 15 years to life in prison, and sentences were stayed for the other counts."

Fallen Hero Officer Rich May: Liars in Court & the Media

From Rick May's Blog

Tuesday, November 17, 2009

Newspaper Headlines do not Depict Court Events

This note is to all those across the country who send me emails asking about the day in court, based on the information they read online. This note is to those who knew Rich growing up in San Luis Obispo and those who work and live in the two communities he served – Lompoc and East Palo Alto, California.

The headlines rarely have anything to do with the actual events in the court. The reading of the articles gives anyone sitting in the court the idea that there is a bias to the articles. What is clear at this time is that the defense witnesses are quoted and their thoughts are well covered. There is little coverage of the results of the prosecutor’s cross examination of the defense witnesses.

I am biased in my reports here in the blog. I am Rich’s father. But the great newspaper reporting bias in favor of the defense team is not proper. It can be expected in today’s media – which itself has fallen to a low in public respect. Allow me to present a couple examples:

“Lab Director Lampoons San Mateo County Criminologists”. A recent headline. The facts are – this person was hired by the defense to shoot holes in the county’s accumulation of crime scene material. This person is very qualified, and did point out several tasks that were not done correctly. One was the fact that an officer picked up Rich’s firearm because it was on the ground next to Rich and cocked, read to fire. The gun was carefully moved so that the emergency personnel could try to offer aid to Rich. The second event that was pointed out as incorrect was the fact that someone moved Rich’s patrol vehicle out of the way so paramedic vehicles could move to the scene. Again, a mistake. HOWEVER, when all “mistakes” at the crime scene were described, the defense criminologist witness could not say that any of the evidence presented in court was not correct and proper. A nice try by the defense, but scored nothing in front of the jury. They did score in the public because of the misleading headline.

“Accused said he Feared for His Life” In a surprise event, the defense attorneys put their client on the stand. The defense team asked Alvarez questions about his involvement and he answered all questions, including the fact he shot and killed officer May, including shooting officer May again as the officer was on the ground. In a very well coached effort from the stand, Alvarez looked meek, quiet, and someone who could not remember a lot about the event which has him facing the death penalty. If anyone in the courtroom believed his “I don’t remember” statements, then there is a total lack of realty to that person’s life. The newspaper stories stated that the prosecution called Alvarez a liar. Correct. That was his very first statement to Alvarez when it was his turn to cross examine Alvarez. All the remaining questions brought these statements from Alvarez: He first admitted he WAS A LIAR. He stated clearly that his job was a Drug Dealer. He admitted that he knew his way around the local properties, including having keys to the fenced area at the nearby apartment complex so he could pass through when he needed to get away. Alvarez admitted he knew he could not have a gun. He admitted that he carried a gun for protection. He admitted that he carried the gun with the Safety Lock switched off – so that he could shoot quickly. He admitted that he had time, but did not toss his weapon before the officer caught up with him. He sold Meth to two regular buyers that morning (but could not remember their names). He purchased his 9 millimeter gun from the pool hall near the shooting scene, but could not remember the name of the person he purchased from. Alvarez said he had $1000 in his pocket from drug deals, but could not remember why he told officers when arrested that he had no injuries. He was hoping to hide the fact he received a shot to the leg as Rich was falling to the ground after being shot by Alvarez. The newspaper headlined that Alvarez stated he “feared for his life”. The newspaper did not make it clear that he stated more than once to the prosecution that he “was a liar”.

I do not need to continue. Please remember when you read newspaper stories coming from the trial that these are certainly specifics about what the defense is doing, and the headline may have a thread of truth – but neither provides a true story of the day in court.

I cannot finish without making a comment about the defense attorneys (paid by the public). I have noted previously that their presentation is less than acceptable. Many others agree with my opinion. This is a biased opinion from me. What is not acceptable is how they are conducting the defense. For example, in any other court, the names and order of witnesses are provided to the other side. The defense is not doing this. The placement of Alvarez on the stand was a well planed movement, without notification to the prosecution. Alvarez was well coached. I expect that the defense hoped to catch the prosecution off balance by not being prepared to see Alvarez on the stand. It did not work. I expect the defense is hoping that they may have swayed one juror by his sad looks and low voice. Possible. However, Alvarez still admitted to walking to Rich and shooting again while Rich was down. Did the headline in the papers state this – no, the headline said he feared for his life.

To all of you, thanks for the large amount of email. To you officers – be smart. The unfortunate fact is that there are others who place no value of human life and will take it with a gun at any time.

Rick May
Rich's Father

Fallen Hero Officer Rich May: Trial Updates

Sunday, November 15, 2009

Death - or - Life Without The Possibility of Parole

Death - or - Life Without The Possibility of Parole. A Sunday evening reminder to those who are emailing. There are only two possibilities to the outcome of this trial. Alberto Alvarez will never see the streets again. His shooting of a police officer that only asked him to stop running away from him, and then stepping up to add execution shots as the officer lay on the ground - will only end with one of these two possibilities. The killing of a police officer requires only these two penalties. The execution shots require that this unbelievable person be put to death. There should not be a second option.

Rick May
Rich's father

Monday, November 16, 2009

One Day Remains for the Defense Witnesses

One more day remains for the Defense Witnesses

Today was the "52nd day of jury trial, completed in Dept. 9, Judge Craig Parsons. The second day of defense evidence was presented and five witnesses testified. The cross-examination of the defense use of force expert Winthrop Taylor was completed. He admitted several significant errors in his report from February 2009 and, when asked why he did not write a supplemental correcting the errors, he said the defense attorneys told him that would not be necessary. (For example, one of the errors was that he originally wrote that the defendant suffered injuries from the police baton on both his right arm and his right buttock; he admitted in court that the only injury was to the arm and stated that he had confused a picture of the defendant’s arm with his right buttock)."

This was a sorry day for the defense. Mr. Taylor had nothing left to show that he was, in any way, an "expert". My personal opinion, an embarrassment for the Defense.

"Other witnesses were defense investigator Dan DeSantis (measurements), Sgt. Dave Carson (response to the shooting) and fiber evidence expert Laurie Kaminiski. Celia Hartnett of Forensic Analytical Lab (defense lab) testified in the afternoon about the alleged extensive mistakes made by the county forensic lab in collecting and testing evidence."

Ms. Hartnett was a very qualified witness for the Defense. However, she had to admit that none of the evidence brought to the trial was incorrect.

The trial resumes Tuesday morning at 9:15 with the final defense witness (criminalist John Jacobsen on firearms and crime scene reconstruction). The prosecution rebuttal case will be in the afternoon. Jury instructions will be discussed Thursday and closing arguments will be Monday morning. The defendant remains in custody on no bail status.

The only other important information this Monday evening - is that my granddaughter, Deanna, brought home made chocolate chip cookies to me in the motor home in the county parking lot. We had them for desert, with a coke. I think that is one of the requirements of being a grandfather - not doing what we taught our children. Rich, we miss you.

Rick May

Bits & Pieces 11/17/09

SM Times: Police fired at in pursuit; 3 arrested

"A police chase that involved a wanted parolee firing a gun several times at pursuing officers ended Monday afternoon with three gang members under arrest and no one injured, according to Santa Maria police.

Officers attempted to stop a 2002 Dodge Durango near Mercury Drive and Auto Park Drive about 4 p.m., but driver Barbara Trevino, 49, of Santa Maria fled, leading officers on a “high-speed reckless pursuit throughout the city,” police said.

Five police cars joined the chase, traveling north on College Drive, just north of Betteravia Road.

Joseph Deleon, a 33-year-old wanted parolee from Santa Maria, leaned out of a passenger window and shot at officers at least three times, police said...."

Ventura County Star: Simi man in crisis before fatal shooting

"In the days before he was shot and killed by Ventura police following a 12-hour standoff, Daniel Chilson’s life was spiraling out of control.

The 34-year-old Simi Valley resident had a history of mental illness and domestic abuse allegations and was in the process of a second divorce when he was fired from his job less than a week before Sunday’s shooting, according to court documents, police and other sources. Chilson made both suicidal and homicidal statements in the days before the standoff, police said Monday.

Chilson was fatally shot about 12:30 p.m. Sunday on a dirt road adjacent to the Ventura industrial complex where he had worked and where he hid from police earlier in the day, authorities said. Officers fired when Chilson, who had a handgun, turned toward them after they chased him and told him to stop, police said...."

Bits & Pieces 11/16/09

SM Times: Officer Rich May’s widow searches for ‘his last few minutes’

"Diana May sits in a Redwood City courtroom each day, watching Alberto Alvarez, the man accused of killing her husband, and listening to witnesses fill in the missing pieces of the story.

“We don’t know exactly what happened,” said May, who lives in Orcutt but attends every court session in San Mateo County.

“The only people who know exactly what happened were Alberto Alvarez and my husband,” she said.

After Alvarez testified Thursday, May said, “It’s unfortunate that he’s able to tell his side of the story and Rich isn’t alive to tell us what happened.”

Her husband, Rich May, 38, a former Lompoc police officer and father of three daughters, was gunned down Jan. 7, 2006, after he answered a disturbance call and pursued a suspect on foot.

He had transferred to the East Palo Alto Police Department only 18 months earlier, and he and his family were still living in Orcutt...."

SM Times: Clarifying flag decision

"I would like to respond to the recent letter, “Poor choice in Buellton,” which stated the Buellton Chamber of Commerce chose not to fly the flags at half-mast for a local fallen CHP officer...."

SM Times: Public donations beautify town

"A local family decided to help beautify Old Town Orcutt by dedicating a living memorial to a deceased loved one — a veteran Lompoc police officer...."