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New theory in SWAT shooting
Josey1
Member Posts: 9,598 ✭✭
New theory in Sepulveda shooting
April 21, 2002 Posted: 06:30:08 AM PDT
By MICHAEL G. MOONEY
BEE STAFF WRITER
For more than 18 months, investigators pointed to the handle of a Modesto SWAT officer's knife as the likely cause of the shotgun blast that killed 11-year-old Alberto Sepulveda.
Now, the city's expert is discounting that theory.
Paul M. Dougherty, president of DWM Laboratory Inc., believes it's more likely the knob on officer David Hawn's radio control box caught the trigger of his 12-gauge shotgun. Dougherty was hired by the attorney who represents Modesto in the Sepulveda family's wrongful-death lawsuit against the city.
Both the knife and the radio were hooked to the front of Hawn's vest when he and other members of the Police Department's SWAT team entered the Sepulvedas' McAdoo Avenue home during the early morning hours of Sept. 13, 2000.
Attorney Arturo Gonzalez, who represents the Sepulveda family, finds both explanations implausible.
"Have you ever seen one of those radios?," Gonzalez said. "I think (Dougherty's theory) is even more unlikely than the knife-handle (theory), but the man had to say something.
"It's a stretch. It's just not reasonable."
Dougherty did not return telephone calls from The Bee. His brief summary report does not explain why he believes the radio knob was more likely than the knife to have caused the shotgun to discharge.
In the weeks following the shooting, investigators focused on three possible causes: the protruding knife handle, a malfunctioning firing mechanism and the possibility that Hawn unintentionally or unconsciously pulled the trigger.
Investigators eventually determined that there was no malfunction of the shotgun. Nor did they believe that Hawn had pulled the trigger. That left the knife-handle theory.
The SWAT team went to the Sepulveda home to assist federal drug agents in the arrest of the dead boy's father, Moises Sepulveda Sr., and a search of the home.
Sepulveda was charged with conspiracy to manufacture and distribute methamphetamine.During the raid, search and arrest warrants were served at homes throughout Stanislaus County.
At the house on McAdoo, Alberto Sepulveda was ordered to lie face-down on the floor of his bedroom after SWAT officers entered the family's home before dawn.
Hawn was standing in the doorway of the unlit bedroom, his shotgun pointed at Alberto's back, when the gun discharged.
In February 2001, Stanislaus County District Attorney James Brazelton and California Attorney General Bill Lockyer ruled the shooting an "excusable homicide."
Parallel investigations conducted by Brazelton and Lockyer concluded that Hawn did not act negligently or recklessly and cleared the officer of any criminal wrongdoing.
"There's a very high probability," Brazelton said at the time, "that a protruding knife handle put pressure on the trigger, causing it to fire. The occurrence came as a total surprise to Hawn and members of his team."
On Friday, a spokesman for Brazelton said the district attorney would not comment further because of the pending civil and criminal cases.
Modesto Police Chief Roy Wasden said Friday that the exact cause of the shotgun discharge might never be known.
Wasden said SWAT officers no longer hang knives, radios or anything else that might conflict with the firing of a gun from their vests.
Dougherty's opinion could come into play at the federal wrongful-death trial, scheduled to begin July 16 in Fresno.
City officials have been trying to reach a settlement that would avoid a trial. The sides, however, appear to be far apart.
Gonzalez said the offer made by the city would have to be doubled. He and city officials decline to say just how much money is on the table.
"We're still talking," said City Attorney Michael Milich. "We're trying to arrange another (settlement conference) date when we all can meet."
The Sepulveda family already has accepted a $450,000 settlement from the federal government.
Attorney Gregory Fox, who represents the city in the Sepulveda lawsuit, did not return telephone calls from The Bee.
In the aftermath of the shooting, Lockyer launched a statewide review of SWAT tactics and procedures. A blue-ribbon commission conducted hearings and gathered information. A draft version of the panel's findings was completed last week and now is undergoing review.
It was not clear Friday when the public will get its first look at the report.
Bee staff writer Michael G. Mooney can be reached at 578-2384 or mmooney@modbee.com. http://www.modbee.com/local/story/2292641p-2714402c.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
April 21, 2002 Posted: 06:30:08 AM PDT
By MICHAEL G. MOONEY
BEE STAFF WRITER
For more than 18 months, investigators pointed to the handle of a Modesto SWAT officer's knife as the likely cause of the shotgun blast that killed 11-year-old Alberto Sepulveda.
Now, the city's expert is discounting that theory.
Paul M. Dougherty, president of DWM Laboratory Inc., believes it's more likely the knob on officer David Hawn's radio control box caught the trigger of his 12-gauge shotgun. Dougherty was hired by the attorney who represents Modesto in the Sepulveda family's wrongful-death lawsuit against the city.
Both the knife and the radio were hooked to the front of Hawn's vest when he and other members of the Police Department's SWAT team entered the Sepulvedas' McAdoo Avenue home during the early morning hours of Sept. 13, 2000.
Attorney Arturo Gonzalez, who represents the Sepulveda family, finds both explanations implausible.
"Have you ever seen one of those radios?," Gonzalez said. "I think (Dougherty's theory) is even more unlikely than the knife-handle (theory), but the man had to say something.
"It's a stretch. It's just not reasonable."
Dougherty did not return telephone calls from The Bee. His brief summary report does not explain why he believes the radio knob was more likely than the knife to have caused the shotgun to discharge.
In the weeks following the shooting, investigators focused on three possible causes: the protruding knife handle, a malfunctioning firing mechanism and the possibility that Hawn unintentionally or unconsciously pulled the trigger.
Investigators eventually determined that there was no malfunction of the shotgun. Nor did they believe that Hawn had pulled the trigger. That left the knife-handle theory.
The SWAT team went to the Sepulveda home to assist federal drug agents in the arrest of the dead boy's father, Moises Sepulveda Sr., and a search of the home.
Sepulveda was charged with conspiracy to manufacture and distribute methamphetamine.During the raid, search and arrest warrants were served at homes throughout Stanislaus County.
At the house on McAdoo, Alberto Sepulveda was ordered to lie face-down on the floor of his bedroom after SWAT officers entered the family's home before dawn.
Hawn was standing in the doorway of the unlit bedroom, his shotgun pointed at Alberto's back, when the gun discharged.
In February 2001, Stanislaus County District Attorney James Brazelton and California Attorney General Bill Lockyer ruled the shooting an "excusable homicide."
Parallel investigations conducted by Brazelton and Lockyer concluded that Hawn did not act negligently or recklessly and cleared the officer of any criminal wrongdoing.
"There's a very high probability," Brazelton said at the time, "that a protruding knife handle put pressure on the trigger, causing it to fire. The occurrence came as a total surprise to Hawn and members of his team."
On Friday, a spokesman for Brazelton said the district attorney would not comment further because of the pending civil and criminal cases.
Modesto Police Chief Roy Wasden said Friday that the exact cause of the shotgun discharge might never be known.
Wasden said SWAT officers no longer hang knives, radios or anything else that might conflict with the firing of a gun from their vests.
Dougherty's opinion could come into play at the federal wrongful-death trial, scheduled to begin July 16 in Fresno.
City officials have been trying to reach a settlement that would avoid a trial. The sides, however, appear to be far apart.
Gonzalez said the offer made by the city would have to be doubled. He and city officials decline to say just how much money is on the table.
"We're still talking," said City Attorney Michael Milich. "We're trying to arrange another (settlement conference) date when we all can meet."
The Sepulveda family already has accepted a $450,000 settlement from the federal government.
Attorney Gregory Fox, who represents the city in the Sepulveda lawsuit, did not return telephone calls from The Bee.
In the aftermath of the shooting, Lockyer launched a statewide review of SWAT tactics and procedures. A blue-ribbon commission conducted hearings and gathered information. A draft version of the panel's findings was completed last week and now is undergoing review.
It was not clear Friday when the public will get its first look at the report.
Bee staff writer Michael G. Mooney can be reached at 578-2384 or mmooney@modbee.com. http://www.modbee.com/local/story/2292641p-2714402c.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
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