Many of you have heard me tell the story of the day I shot and killed a bank robber during a pretty intense shootout. If you haven’t heard the story in person you may have read about it here on this site in one form or another.

But there’s a part of the tale I haven’t shared, and today I’ve decided to open the door in the back corner of my mind where this story lives. I’m doing so because those of you who write truly need to hear it. I say this because these are often the tiny details missing from your tales.

“That” Day

I’ve talked about the bullets zinging past my head with some striking the metal and glass of a nearby police car. I filled you in on the slow motion and my inability to hear that began the moment the robber fired his first round. I mentioned the 68 rounds that were exchanged (I fired five with all five striking the point of his body for which I aimed—one to the head and four practically dead center of his chest).

I told you about the dog barking. Of the bad guy folding like a carpenter’s ruler each time one of my 9mm bullets struck him, and then each time he popped back up like a clown in a jack-in-the-box to fire still more rounds at me and the other officers who’d arrived.

I turned to see one of the backup officers take cover beneath his vehicle, rolling under it in the same manner as a child would while playfully tumbling down a hillside. I saw members of a state highway construction crew quickly climb into the back of a dump truck just seconds before gunfire struck the vehicle. The big truck’s metal body served them well.

I described the man’s final charge with gun in hand when I and a sheriff’s captain tackled the robber at which time I saw the barrel of his pistol aimed point blank at my face while he frantically and repeatedly squeezed the trigger, hoping to kill me. I let you know that I still sometimes hear the repetitive click, click, click of the hammer falling each time he pulled that trigger.

Then I handcuffed him, and he died.

What I haven’t described to you is what took place after I cuffed him, knowing that a man I’d shot died while wearing my handcuffs.

After He Fell

I stood watching as EMS personnel frantically did their best to keep the 22-year-old bank robber alive. Sure, they contaminated the scene with empty gauze packaging and plastic wrappings and tubes and IV stuff, and with foot and knee prints in the soil. And they moved the man to slide a backboard beneath his body, and then then I saw them start chest compressions, and rescue breathing using an Ambu bag. But they were doing their best to save a then rapidly dying man.

EMS workers doing their best to save the life of the robber.

The air was still, hot, and extremely humid immediately after the man fell for the last time. When he did, my hearing returned as did real-time motion.

Since I was a detective on my way to a court proceeding when the robbery occurred, I wore a sports jacket, white shirt, khaki pants, a tie, and dress shoes. The robber had on a t-shirt, shorts, and tennis shoes with no socks. Perspiration dampened my shirt. Blood soaked the robber’s.

At the time, I was working a special assignment and had grown out my hair a bit to better blend in with a particular group of bad folks. At the scene, due to nerve- and heat-induced sweating, I’d pulled the sides of my perspiration-dampened hair behind my ears. Still, sweat rolled down my cheeks like tiny waterfalls. It’s one thing that, for some reason, stood out to me. One of the many little things that did and still do.

The ambulance left the scene with red lights flashing and siren wailing. I stood on a grassy hillside surrounded by bullet casings, rescue debris, dozens of police cars with blue lights winking and blinking, scores of police officers from several agencies, news media, a crowd of citizen looky-loos, one police car with the windshield and side glasses shattered by incoming gunfire, and puddles of drying blood.

I watched until the ambulance drove out of sight.

I’d never felt so alone in my entire life.

When all was said and done at the scene, I drove back to my office where I was asked to give a statement to the investigator who’d handle the shooting. Other investigators from the outside agency were on hand as well, demanding my gun for comparison. They unloaded it and immediately counted the rounds left in the magazine and the one in the chamber. I was issued another weapon since they’d keep that one until the investigation was complete.

All I wanted to do was to go home to be with my wife. I needed calm in the midst of chaos.

However, instead of allowing me to decompress, my immediate supervisor, the chief of police, told me to go to the morgue to video and photograph the dead robber, and to collect my handcuffs.

Me, immediately after the shooting. notice the shattered glass of the patrol car. Several rounds from the robber’s gun were found in numerous locations inside the car, including the seat, doors, hood, engine compartment, and even one in the ash tray. Here you can see the hair pulled behind my ears. Why this stood out to me is a mystery, but I can still sense the feeling of it as if it were happening at this very moment. An odd feeling. It truly is.

What happened next is a macabre and blurred memory that will remain inside my skull until the day I die.

I and another investigator who, at the time, was assigned to a drug task force, drove to the morgue. He had one of those huge and clunky VHS video recorders in his unmarked car.

We arrived in separate vehicles and he waited for me to pull up beside his car and park so we could enter the building together.

I still had on the same clothes, the jacket and tie. He wore his typical jeans and t-shirt with a gun hidden somewhere beneath. His hair was long and curly and he had a thick, dark beard that nearly touched his chest. He was a huge man who stood at six-feet-eight-inches. He died a few years ago in a car crash while en-route to assist an officer. My detective partner at the time has also passed away. So has another officer who was there “that” day.

I approached the doors to the morgue. Head-high square windows near the top of each door allowed a view directly to the front of room. He was there, on his back, shirtless.

Cool sweat began to flow down my back (perspiration seems to play a big role in these memories). A lightheadedness set in as I pushed open the green double doors and stepped inside using what felt like rubber legs to push me forward. The undercover guy had already begun filming the body and narrating what he observed.

Seconds later, and I do not remember walking over, I stood beside the guy I’d killed an hour or so ago, looking at what I knew would be cold flesh. His chest and face were badly bruised and covered in streaks of dried rusty-brownish blood. Chest and belly hair stuck together in clumps matted together by more of the dried fluid that trailed from four nearly perfect round holes at the center of his chest. Holes I placed there with 9mm bullets fired from my pistol.

Another neat and perfectly round hole—an entrance wound, the first shot I’d fired—was an inch or so from his left ear, just above his cheek. A trail of clotted blood went from there down to his jaw where a single drop had hardened before it could fall. I vividly remember placing my sights at that very spot, the one near his ear. It was center mass of what I could see of the man as he hid behind his car, an old station wagon that belonged to his father.

I fired my first round through the rear car window. The round struck the robber’s head near his left ear, just above his cheek. The large hole in the side of the car was caused by a slug fired from a patrol officer’s shotgun. The round was later found inside a duffel bag filled with clothing. I had a better angle of fire, especially after the gunman moved from behind the car to square off with me.

He crouched beside the car while lobbing rounds at police officers who’d positioned themselves atop a small hill. His head was all I could see and his head was for what I aimed.

In my mind I saw the entire event again as I stood there, as motionless as his dead body. I saw him go down after the round struck the side of his head and I was stunned to see him pop up to begin firing again.

I walked around the stainless steel gurney and saw the reason why that round didn’t kill him. Since he was positioned at the bottom of the hill my shot entered the target at a downward angle. The bullet went in near the ear and exited in an ugly tearing of flesh and bone just below his right lower jaw.

When he stood and turned toward me to fire even more rounds was when I started perforating his chest, answering his bursts of gunfire with a round of my own, each time he stood to shoot. He fired and I placed a shot dead center of his chest. He fell. Then he popped back to fire and I’d fire another round and down he’d go. I fired four rounds into his chest, all eventual fatal rounds, yet he still managed to get up and charge at officers.

And that exchange of gunfire, my precise shooting, was what brought me to the point of slipping my handcuff key into the lock of my, what were then extremely bloody handcuffs. I released the catch and for what I believe was the first and last time that the person wearing them did not rub their wrists after they were removed.

No, “Thank you.”

No, “Glad to get those off.”

No, “I want my lawyer.”

No, “I’ll have your badge.”

Nothing.

Just the sound of my pounding heart.

And a dead guy.

A man I killed.

Even now, as I write this, the emotion is there. My heart feels these words. My mind sees the dead robber just like he’s here beside me helping to tell the story.

But there are no words.

Just five little holes.

Well, six, if you count the hole in my soul.

The one he fired when he decided to use me to end his life.

"You get always what you want from me
You can make it easy, can't you see
You shot a hole, hole, hole in my soul." ~ C.C. Catch

 

 

The Fifth Amendment to the U.S. Constitution guarantees us the right that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” Actually, there’s more to it, but for the purpose of today’s post I’m focusing solely on the part—the Double Jeopardy clause—that protects us from the government trying us for the same crime twice.

But does it actually do what those words indicate?

The 5th Amendment

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Ordinarily, yes, the clause does indeed stave off overzealous prosecutors who cannot stand losing a case. Think about it for a moment. If defendants were not protected by The Constitution the government would have free reign to try cases over and over again until they reached the verdict they’d hoped to achieve. After all, it looks bad for government attorneys when they lose cases. A spotless win-win-win record is the brass ring in their world. The same, I suppose, is true for defense attorneys. After all, who’d hire the lawyer who never won a case?

So, with this in mind, possibly, the Framers of The Constitution added this safety net of sorts to protect us all from the “gotta win no matter the cost” possibilities that could, can, and do arise during criminal trial proceedings. However …

In the early 1920s, the Supreme Court allowed an exception the Double Jeopardy clause that permits state and federal prosecutors to bring separate charges for the same crime as long prosecutors are from separate sovereigns. I guess you can see where this is headed.

Yep, the separate sovereigns rule absolutely allows consecutive prosecutions by both state and federal authorities— for crimes arising out of the same conduct. Yes, this exception to The 5th Amendment, the rule that “GUARANTEES” us the right to not be tried twice for the same offense, says’ “oh well, too bad, we’re doing it anyway” because the prosecutions are conducted by separate sovereigns.

Federal and State gov’ts are separate sovereigns; Each has separate zones of authority ~ Black’s Law Dictionary

A great example of how this separate sovereign exemption works is a multi-jurisdictional narcotics task force operating under the umbrella of a federal agency, such as the DEA, FBI, or U.S. Marshalls. The federal agency is in charge and, of course, its agents have arrest powers throughout the U.S. Local officers who serve as members of the task force are sworn/deputized as Special Deputy Marshals, etc.

Let’s refer to United States v. Davis as a good example, where officers and prosecutors failed to successfully win the case at the local level. Therefore, when the Greene County Court ruled to suppress the evidence because the court believed arresting officers/task force members did not have proper and reasonable/probable cause to stop the car operated by the defendants, the prosecutor moved to dismiss the charges and then referred the case to federal authorities so they could pursue the case. The defendants were then tried a second time for the same offense, only this time they were found guilty in a federal court.

The overlapping of many local and federal laws (appr. 4,500 federal laws are now on the books) over the years has made it easy for federal agencies to prosecute even minor crimes such as the possession of small amounts of illegal drugs.

This is not how the system was originally designed. Instead, state and local court were set up to handle local crime, not the feds who were supposed to focus on things such as terrorism, securities and tax law violations, weapons, interstate drug crimes, immigration, and civil rights violations. But now the feds have morphed into a huge conglomerate that overshadows local law enforcement, almost to the point of seemingly having to take on the smaller crimes simply to meet and justify their growing payroll.

Terance Gamble

In 2008, Terance Gamble was convicted in an Alabama court of second-degree robbery, a felony. Convicted felons may not possess firearms. Therefore, seven years later when Gamble was stopped by officers who found illegal drugs along with a 9mm handgun in his vehicle, he was prosecuted under Alabama’s “felon-in-possession” statute. The conviction earned him one year in state prison.

But Gamble’s troubles didn’t end there, because the U.S. attorney also charged Gamble with the same offense under federal law. A federal judge sentenced Gamble to 46 months in prison … for the same crime.

Gamble appealed the “dual sovereignty” exception to the Double Jeopardy Clause, but, because of the exception per the Supreme Court ruling, the Appeals Courts had to ignore Gamble’s objection of being tried twice for the same crime.

As a result, the ACLU and ACLU of Alabama, the Cato Institute, and the Constitutional Accountability Center“ filed an amicus brief urging the Supreme Court to look at the case with hopes of ending the dual sovereignty exception/loophole.

On the opposite end of the Gamble spectrum is the state of New York. They’re fighting to add to/amend New York’s double jeopardy laws so their prosecutors can bring charges against people who receive presidential pardons.

Having see first-hand how these cases come about and are tried, I’m anxious to see how all of this plays out. How about you?

*Please, no politics!

 

It was the late Hans Conried who provided the voice of Snidely Whiplash, the main antagonist of the cartoon, Dudley Do-Right of the Mounties.

As a stereotypical villain, much like those portrayed in today’s novels, he wore a tall black top hat and cape and had a long nose and a mustache.

Okay, present day authors may not dress their villains in such attire but the premise is the same … they’re evil, often dark, and they’ll stop at nothing to achieve their goals, even if murder is the only thing standing between them and getting what they want, and, of course, their freedom after the deed is done.

Therefore, it’s up to the hero of the story to save the day.

In Whiplash’s time it was Dudley Do-Right who rescued Nell from oncoming trains and other hazards. Nowadays there’s Reacher, D.D. Warren, Joanna Brady, Ellie Hatcher, Harry Bosch, Lincoln Rhyme, Sam Kovac and Nikki Liska, Dave Robicheaux, Eve Dallas, and, well, the list goes on and on. But in the end, the hero always wins, leaving the villains and/or antagonists to say, as did Whiplash, “Curses, foiled again!”

I imagine that’s what went through the mind of Peggy Jo Tallas, an ex-convict, just prior to being shot and killed by four Tyler, Texas police officers after she pointed a handgun at them. The shooting occurred after Peggy Jo made her escape after robbing the Guaranty Bank shortly after 11 a.m. that morning. Police later identified Tallas’ weapon as a toy gun.

 

“Cowboy Bob”

In the early 90’s, a polite and quiet man with a pot-belly and graying hair, who wore sunglasses to hide his eyes and a ten-gallon hat perched backward on his head, robbed several area banks. The suspect never looked at the security cameras and was careful about checking for dye packs (more on dye packs in a moment).

Nothing the robber did stood out to investigators. No odd manners of speech (he didn’t say a word, making the demands by way of written notes). No fast get-a-aways (no tire tracks or identifying marks on the pavement). Always had stolen plates on the get-a-way car making it difficult to track.

However, when Cowboy Bob robbed the First Interstate Bank in Mesquite, Texas, he’d left on the actual license plates assigned to his Grand Prix. When police tracked down the vehicle belonging to a man named Pete Tallas, a Ford factory worker, Pete told investigators that he’d given the car to his sister, Peggy Jo. So off they go to pay a visit to Peggy Jo Tallas, expecting to find the mysterious pot-bellied, sunglass- and ten-gallon-hat-wearing man with graying hair hiding out in the apartment. Instead, they found Peggy Jo and her mother.

During a look around the apartment, the officers located a mannequin head with a fake beard, and a big ol’ bag of cash. The items had been stashed away in a bedroom closet. They pressed Peggy Jo about the possibility of a boyfriend and his location. She denied knowing either. It was at this point when one of the detectives noticed a bit of dried glue hanging from her lip AND, flecks of gray dye in her hair.

Cowboy Bob was actually Cowgirl Peggy, obviously, and for her crimes she served a whopping three years in prison. When she got out she bought an RV snd robbed another bank. This time, though, and perhaps she wanted to be caught, she wore sunglasses and a big floppy hat—no male disguise—, she spoke to the teller instead of passing a handwritten note, and she didn’t bother to check for dye packs.

Peggy Jo walked across the street to her RV. On the way, a dye pack exploded. She climbed into her RV and drove away. Police were notified and were provided a description of the RV. It was only a matter of minutes before a pursuit began and ended shortly after it started. Peggy Jo emerged from the camper with gun in hand, pointed at the officers and she dared them to shoot her. They granted her request by responding with four rounds fired from the sidearms.

Peggy Jo “Cowboy Bob” was dead.

“Curses, foiled again” ~ Snidely Whiplash, stereotypical villain whose hobbies were tying women to railroad tracks and bank robbery.

 

Dye Packs

Dye packs help officers locate both the robber and the stolen loot.

The packs look like real money, but they’re designed to stain stolen currency by exploding a colored substance, typically red dye 1-methylaminoanthraquinone (MAAQ), that covers the cash and often the robber as well. Depending upon the timing of pack’s explosion, it’s possible that it occurs inside the suspect’s vehicle, which stains the seats and other portions of the interior. It’s messy.

Tear gas is included in some dye packs, making the device doubly effective. Now you have a grown red guy who’s bawling like a baby.

Should the crook successfully make his escape, the dye does not easily come out during even several washings. The same is true when contacted with skin. The stuff is extremely difficult to remove, especially in places such as nail beds and ridge areas of fingerprints.

If a suspect is located, an examination of clothing found would be conducted in a laboratory. The testing is as follows.

Fabrics are examined visually and/or microscopically.

If the telltale red or pink staining is observed, dichloromethane is used extract it from the material.

Red dye 1-methylaminoanthraquinone is soluble in Dichloromethane.

If the tested material is indeed soluble in dichloromethane, it’s then examined by Gas Chromatography-Mass Spectrometry and/or Fourier Transform Infrared Spectroscopy.

A positive result indicates the material was exposed to the red coloring in the bank’s dye pack.

Bingo! You have your bank robber.

Apply cuffs and take the crook directly to jail.

 

How a Dye Pack Works

A dye pack consists of a hollowed-out stack of real bills. Inside the stack are the red dye, tear gas, and and electronics used to activate the explosion.

The dye pack remains in “safe mode” resting on a magnetic plate inside the teller’s cash drawer.

When a robber approaches and demands money, the teller simply slips the dye pack in with the rest of the cash.

When the pack is lifted from the magnetic plate, the pack is “armed,” or activated. It’s then ready to do it’s job.

Somewhere near the exit doors are activation points and, as the robber and his sack of money pass by on his way outside, a timer inside dye pack’s explosive device is automatically activated. It’s set to allow the robber to get a bit of distance away from the bank before going Kaplooey!

I’ve seen this first hand and the results are impressive. The packs basically render the stolen cash useless since it’s all stained a bright reddish-pink color, as is the robber.

You’ve most likely read about the shootout I was in with the bankroller, right? Well, the cash he stole was indeed red when we recovered it. He, too, had reddish stain on his face, hands, arms, legs (he wore shorts) and his tennis shoes. The pistol he used to fire at me also had bits of dye on the grips, a transfer from the palms of his hands.

Bank robber after an intense shootout. 68 rounds were were fired during the incident. I fired 5, with all 5 hitting the intended target, once in the head and four in the chest. Yet, he still got up and ran. A sheriff’s captain and I tackled him to apply handcuffs. He died on the way to the hospital. The staining on his legs is the red coloring from the exploding dye pack.

“Shots fired!”

“I’m hit”

“He’s running.”

“I need backup.”

“In the alley behind Joe’s Pawn Shop.”

“He’s shooting again.”

Silence.

Then, “Man down! Send paramedics … NOW!”

And then it starts. The looky-loos come out of the woodwork with cellphones and cameras in hand. The cop-haters who’re looking for an excuse to lob a few rocks and bricks and circle around the officer who’s bleeding, and scared.

The wounded cop’s adrenaline is in crash mode and his emotions are speeding to places they’ve not been before. Time is in full herky-jerky mode, speeding up to catch up to realtime after its abrupt switch to slow motion when the action first fired-up its engines. Sound returns slowly after a bout of “tunnel hearing.”

“If I Only Had a Brain” ~ The Scarecrow, from The Wizard of Oz

Each of us, hopefully, has a functioning brain (there are exceptions for politicians) and it’s that mass that fills the space between our ears that controls everything we do. It’s also in charge of our emotions. More specifically, it’s the amygdala section of the brain that’s assigned charge of emotional responses. The amygdala typically works and plays well with the other parts of the brain, including the prefrontal cortex that, by the way, controls complex decision-making.

However, when the brain perceives danger, the typically smooth-running operation inside our skulls goes a bit wonky because the moment danger is detected a major dam located in the adrenal glands is breached. This sudden discord sends out adrenaline to flood our systems.

Adrenaline, the hormone that boosts  blood circulation, increases breathing rate and metabolism and causes our muscles to rise up and prepare for battle. Then all hell breaks lose.

The amygdala section of the brain decides it wants to be in charge and leads a successful coup against the prefrontal cortex, taking control of the making of decisions. Since the amygdala has not been properly schooled in decision-making skills, the results are kaleidoscopic and slightly out of whack responses to various situations. It distorts and narrows our visual and auditory senses to the point where we often focus our attentions on a single point, skipping over other often important things taking place around us.

Fellow author, friend, and police psychologist Ellen Kirshman summed up the experience as it relates to police officers as, and I don’t recall her exact words, but were something like, “Police officers are called upon to do the unnatural. They run toward danger, not away from it.”  I read her quote in an article a while back about the deputy in Florida who failed to act during the horrific school shooting that occurred there. She also said something similar to what I’ve said here on this blog time and time and time again … no one but the officer who’s at the scene at the precise moment the danger takes place knows exactly what happened. (Ellen, I apologize if I’ve misquoted you, but I couldn’t locate the article).

In other words …

Monday Morning Quarterbacks Lack the Touch, Taste, Smell, and Motion to Know with 100% Certainty What Took Place

It’s easy for the public to render judgement regarding an officer’s actions, or lack of action, by switching on the TV or their computers to view a video recording of an event. Commentators often offer slow-motion replays, rewinds, zoom views, and various angles, and their opinions as to what happened and/or should have or shouldn’t have happened.

The officer on the scene, however, views the situation in real time, within a time period of a split second or two, while their brain is sending adrenaline throughout their system, with parts of the mind taking charge over other parts that typically supply reason based upon well-thought-out decisions, decisions that take time and energy before an action is performed.

The body of an officer involved in an intense shootout is undergoing many changes all at once. There’s the whole adrenaline thing, of course, while the brain is rapidly switching back and forth between tunnel vision to tunnel hearing, meaning that during the times they’re visually surveying a scene the volume of their auditory functions is greatly reduced, or nonexistent. They cannot use both tunnel vision and tunnel hearing at the same time. The brain does not allow it during times of extreme stress.

Furthermore, during times of extreme stress, the brain may completely shut off auditory functions which is the reason that in post shooting interviews some officers report not hearing the sounds of shots being fired.

I, for one, am a perfect example. During a bank robbery shootout, I saw puffs of smoke (in slow motion) rise from the robber’s handgun, but never heard a single sound. Not even when I returned fire. Actually, from the moment the situation turned violent until I chased the wounded man and tackled him, I don’t recall hearing anything until I rolled him over and then heard the “click, click, clicks” as he pointed his gun at me and repeatedly pulled the trigger. I’ll never forget those sounds. Not ever.

Thankfully, he’d fired the last round before making his final charge. But until that point, it’s like we were in a vacuum.

This experience and others like it explain why so often police officers simply do not recall hearing a specific number of shots fired. In the world of neuroscience this total shutdown of hearing is called auditory exclusion.

A police officer’s overall situational awareness can become dulled to the point of totally blocking out things going on in their periphery, which presents a huge problem for them if the field of danger extends beyond the point of their focus/attention, and it often does—more than one attacker, threat, etc.

Filling In the Blanks

Officers are human, a fact which seems to escape some people. And being human prompts the desire for them to believe they “should have” both heard and seen the action as it unfolded. Therefore, their very human minds attempt to supply the missing information—the sound of gunfire or seeing the man with a gun standing to the side.

To fill in these voids the brain creates a memory by drawing on context and even experience (“I know that’s what a gunshot sounds like therefore I must’ve heard that sound today”).

The same is true in reverse. The officer who’s incapable of remembering a crucial bit of information that occurred during a stressful event, while their attention was distracted, actually may not believe it happened, despite clear and concrete evidence to the contrary.

This, the brain creating “fill in the blank” memories is one reason why so many Monday morning quarterbacks immediately jump to the unfounded conclusion that an officer must be lying or attempting to cover up a misdeed. But it’s just not so. Sure, sometimes people lie. I won’t discount that fact. But in the vast majority of stressful encounters, law enforcement or otherwise, the amygdala section of the human brain is the culprit.

Anyway, the only true means to judge any situation is in real time surrounded by all the sights, sounds, tastes, and emotions that come with it, along with access to the officer’s thoughts and emotions as the event unfolded. Attempting to do so on Monday morning while watching a replay of video is not the same.

Not even close.

Nor is it possible.

For the the purpose of this brief peek into the minds of police officers who enter into stressful situations such as a violent riot, or a gun battle with bullets whizzing by their heads, we’ll use Officer Sam as our guinea pig. Joining him in this discussion his partner, Officer Pam.

Sam is a bit of a worrier and, thanks to his parents, his name is coincidentally an acronym for three distinct reasons why officers, as well as other people, perhaps sees things differently when the weight of world seemingly comes crashing down around them. More about the acronym a bit later.

Pam, on the other hand, is a seasoned veteran who’s “been there, done that” a thousand times. She sincerely believes she’s impervious to stress.

Let’s dive right in by first setting the stage. Sam and Pam have been called to the scene of a bank robbery where the masked bandit has decided to not be taken alive. Therefore he begins lobbing .45 caliber rounds at the two responding officers who immediately take cover and immediately return fire.

The intense shootout lasts two minutes before both Pam and Sam fill the desperado full of government-purchased lead. He dies as a result of the aerating of his torso by a baker’s dozen of neat, round puncture wounds delivered by the officers’ sidearms.

The shift commander assigns a pair of internal affairs investigators to take the statements of the two heroes who saved the bank employees from what could have ended up as a mass funeral for the seven cashiers and an elderly security guard named Rufus.

The two IA detectives separate Pam and Sam and then take their statements. Later, the “suits” compare notes and, unbelievably, the officers’ stories vary … a lot. In fact, it’s almost as if Pam and Sam told tales that took place at two different locations and they’d practically described two entirely different events. Yes, they were that far apart.

So how could this happen, you ask? Well, let’s closely examine Sam’s name to see if we can arrive as some sort of answer that makes sense out of the discrepancies/distorted realty.

SAM

“S”, in my own little and limited warped mind, stands for “Secure.”

To start the ball rolling, the brain first must “SECURE” information. However, the human mind can receive only so much at once, so it decides what is important and then discards all of what it deems as unnecessary details.

This is where repetitive training plays a vital role, because repeating the same action over and over again (draw, point, shoot, draw, point, shoot, for example) helps the officer to react instinctively rather than having to rely on a brain that immediately discards some details, such as “the guy has a gun!”

During a stressful event the human mind does strange things

Human brains do not have a far-reaching ability to observe, meaning we see either a forest or we see a group of individual trees, or a lovely meadow or individual grasses. A crowd of people, or individual humans. But not both at the same time (forest AND trees, etc.). The brain focuses on one or the other, making it difficult to process many details. And, when two humans are observing the same grouping of objects, one’s focus may be on the guy with the gun while the other’s is trained on the woman holding a cigar-smoking baby.

“A” = “ABSORB,” meaning the retention of what the brain decides to secure. Unfortunately, our minds operate on a selective basis and we absolutely have no control over this weird phenomena. It is the brain that picks and chooses what it is they want to absorb, and often those human computers focus on one non-essential thing while totally disregarding another more important detail. Again, the woman holding a cigar-smoking baby instead of the far more important and dangerous guy with the gun. This is the reason why Sam may see one thing while Pam’s mind secures and absorbs something entirely different.

The proper terminology for what to pay attention to and what to disregard is “selective attention.”

*For more on selective attention, click here.

“M,” the final letter in Sam’s name, we’ll identify as “MEMORY.”

Memory, simply put, is the brain filing away all of the details about the stressful event that it deemed as unimportant. Then, what’s left are the elements that stood out. The ones that, due to selective attention, seemed vividly specific. However, those details may have been perceived differently than they actually were and that’s because not all surrounding information was retained, which can and often does distort reality.

The latter being the case in situations where officers fail to recognize an object in a fleeing suspect’s hand as a cellphone instead of a firearm. The same is true in reverse, when the officer mistakenly believes an object is a cellphone when in reality it’s clearly a pistol. These false negatives are caused by a human mind rejecting something that should have received and accepted for what it is/was. In the case of officers involved in deadly force scenarios, these mistakes could and often do result in life-ending occurrences.

Training does assist the brain with making these decisions by allowing it do its thing while the officer simply reacts without having to take the time to first SECURE, ABSORB, and then pull the needed information from their MEMORY. Instead, they see a gun and draw, point, and shoot. It’s what they’re trained to do, and during their time in the academy that’s exactly what they do, much like training a dog to sit.

How many times have we all said to little Rover …

“Sit, boy. Sit.” “Sit, boy. Sit.” “Sit, boy. Sit.” “Sit, boy. Sit.”

Well, that’s how cops are trained, and it’s by design to help keep them alive.

 

Murder: Really bugs me

Many useful items fill an investigator’s toolbox—interrogations, fingerprints, footprints, informants, fibers and, well, the list goes on and on. But there’s one group of extremely important tools that are often overlooked—the squiggly and wiggly and fluttering and flittering and sometimes even slimy crime-solving creatures known simply as, well, bugs.

Yes, we step on them and we swat at them and some people even eat them. But as investigators, in spite of the creepy-crawler’s often stomach-churning menu selections, cops must often sign them on as partners when attempting to solve murder cases. Like detectives who specialize in certain areas—rape, robbery, narcotics, and homicide—insects, too, have their own areas of expertise, and they each arrive at various times during the course of the investigations to do what is it they do best. For example …

Maggots are event crashers by nature. They’re clueless when it comes to dinner party etiquette. In fact, they barge right in on unsuspecting hosts, the dead bodies du jour. Their manners are atrocious, actually. They never bother to wait for bacteria to complete the service settings, the breaking down of complex molecules through respiration or fermentation, before storming the scene.

The tiny and gross little squirmers who eat with one end of their bodies while breathing through the other, are the Animal House-type partiers of death. As disgusting as they are, however, they are useful as tools for solving homicides because …

When investigators find maggots on a body that are in their early larvae stages, when they’re 5mm in length, well, officers then will have a pretty good idea that the victim has been there for only a day and a half, or so.

Even the mere presence of certain insects is quite telling.

Dermestidae Beetles have better things to do than to show up early at parties. They’re a bit snobbish, preferring to wait until everyone else had had their fill—the time when the body begins to dry out—before making their grand entrance, at which time they’ll gorge themselves on drying skin and tendons.

Green Bottle Fly

These guys are the drunk uncles of the party. They show up to first to begin drinking the fluids found in and on decaying bodies. Then, after they’ve had their thirsts quenched they’ll often dive into a hearty meal of decaying tissue.

Green Bottle Fly ~ Calliphoridae

  • One of the first insects to arrive on the scene/body
  • Lays eggs in wounds or openings such as the eyes, ears, mouth, penis, and vagina

Rove Beetles

Rove beetles are late arrivers to the party and this is so because they’re scavengers whose meal of choice is the larvae of other insects, those who lay their eggs in and on decomposing corpses. They’re one of the “buzzards” of the bug world.

Ham Beetles are also scavengers, but they find the tougher parts of the decaying body to be the tastiest, such as skin and tendons.

Rounding out today’s lunchtime guests are the Carrion Beetles. These gourmet insects absolutely adore dining on the larvae of other insects, but also enjoy a scrumptious appetizer of decaying flesh.

Now, please do enjoy your own dinner!

 

Those of you with medical elements embedded into your twisted tales will perhaps be interested in the following information. For all others, well, break out the gloves and masks and gown-up, because things are about to get ugly.

Did you know:

  • At least five microbes are resistant to nearly all available antibiotics.
  • 1 in 6 Americans—48 million people—get sick from contaminated food each year.
  • The Centers for Disease Control’s AMD program (Advanced Molecular Detection) uses next generation sequencing and bioinformatics, and experts in epidemiology, lab sciences, and bioinformatics to provide new insight into microbes. AMD provides sequencing machines that can read the DNA or RNA code of a microbe as well as supercomputers with the capability, via advanced software, to intelligently detect patterns.
  • CDC’s Advanced Molecular Detection (AMD) program is designed to protect Americans from microbial threats. AMD utilizes microbiology and bioinformatics to assist scientists and health professionals in their quest to find and stop infectious disease outbreaks.
  • During the period of time between 2007-2012, construction occupations, both supervisory and line-level workers, accounted for the highest number heroin and prescription opioid–related overdose deaths. The occupation groups with the highest number of drug-related deaths caused by the use of methadone, natural and semisynthetic opioids, and synthetic opioids other than methadone, were:

  1. construction,
  2. extraction (e.g., mining, oil and gas extraction)
  3. health care practitioners.
  • The three most common methods of committing murder in the U.S., per year, are:

Clearly, firearms, by far, lead the other means of killing.

Zoonotic Diseases

  • Yes, studies indicate that people who have strong bonds with their pets often enjoy increased fitness and lower stress levels. And, the level of happiness achieved by pet owners is high. However, since pets can carry germs known as zoonotic diseases (diseases caused by harmful viruses, bacterial, parasites, and fungi), pet owners should make certain their beloved animals are healthy.
  • Zoonotic diseases cause anything from mild to serious illness and even death.
  • According to the CDC (Centers for Disease Control and Prevention) “Zoonotic diseases are very common, both in the United States and around the world. Scientists estimate that more than 6 out of every 10 known infectious diseases in people are spread from animals, and 3 out of every 4 new or emerging infectious diseases in people are spread from animals. Every year, tens of thousands of Americans will get sick from harmful germs spread between animals and people. Because of this, CDC works 24/7 to protect people from zoonotic diseases.”
  • To help fend off zoonotic disease, avoid contact with the saliva, blood, urine, mucous, feces, or other body fluids of an infected animal.

  • Have your pet examined by a veterinarian, regularly.
  • Use caution and wear protective clothing (gloves, face masks, etc.), when in contact with areas where animals are or were at some point. The same is true when handling objects or touching surfaces that have been contaminated with germs—aquarium water, hamster habitats and play areas, dog and cat bedding and litter boxes, chicken coops, plants, and even soil, leftover pet food, and water dishes.

Please wash your hands thoroughly after petting or otherwise contacting animals, including your own pets. You never know what could be hiding in that soft fur and on those adorable faces.

*Source ~ Centers for Disease Control and Prevention

Since relocating to the upper tip of Delaware, Denene and I are currently residing in an extended stay hotel, where we’ve been since we left the Writers’ Police Academy. We will remain here until closing on the new house.

Yes, we finally found a home this week and made an offer on it, after an exhausting search. We reached an agreement with the sellers just yesterday and we now have signed documents in hand. Unfortunately, the owners are unable to vacate the home until early October. But, the property is extremely nice so it should be worth the wait. In the meantime, though, we’ll remain in the hotel.

Our room here is nice and features a mini kitchen and a large work station that accommodates our computers and other necessities.

Now that we’re here, though, I have no yard work or other home project to occupy the little spare time I have during the evening hours—the time I spent feeding the birds and watering and caring for the plants in our yard. The time that took me away from everything. It was my escape. The time to allow my mind to focus on nothing but the little creatures and flowers and blue skies and the combined scents of eucalyptus and citrus trees and roses … and the smoke from all the wildfires.

Therefore, now that I do have a bit of spare time, I’ve been able to read a bit, mostly at night using my Kindle Paperwhite. I love the device because it’s small and the backlit screen allows me to peruse the “pages” without waking Denene, who, by the way, started her new job last week. She’s still teaching microbiology and cool bioterrorism stuff, but as a professor at another university, in the department of Medical & Molecular Sciences.

Anyway, to get to the point, while reading current novels and blogs and news articles, I’ve run across the misuse of various terms and information. As a result, I decided to compile and post a bit of information to help set things straight.

I hope this helps somewhat in your quest to …

Write Believable Make-Believe

Defendant: Someone who’s been accused of a crime and is involved in a court proceeding.

Defense Attorney: A lawyer who represents a defendant throughout their criminal proceedings.

Departure: A sentence that’s outside the typical guideline range. Departures can be above or below the standard range; however, the most common departure is a downward departure, a sentence reduction solely based on the defendant’s substantial assistance to the government. For example, a defendant who spills the beans to law enforcement about the criminal activity of someone else for the sole purpose of obtaining a lesser sentence. In jailhouse/layman’s terms, “a snitch.”

Diminished Capacity: A defendant is eligible for a downward departure (reduction of sentence) if they can successfully prove they suffer from a significantly reduced mental capacity, a condition that contributed substantially to the commission of the offense of which they’re charged with committing. Merely having been under the influence of drugs or alcohol at the time of the offense is typically not considered grounds for diminished capacity.

* This applies to the defendant only, not the defendant’s attorney, judges, or police officers. Their sometimes reduction in mental capacities is fodder for another article.

Duress: The federal sentencing guidelines allow for a downward departure if the defendant committed the offense because of serious threats, coercion, or pressure. An example is the person who’s been forced to commit a bank robbery by crooks who’re holding his family hostage until/unless he carries out the crime. The courts could/would show leniency by granting a downward departure (or complete dismissal) based upon the fact he was under severe duress at the time of the robbery.

Extreme Conduct: Here, an upward departure from the guidelines range may be appropriate if the defendant’s conduct during the commission of a crime was unusually heinous, cruel, and/or brutal. Even degrading the victim of the crime in some way may apply and earn the defendant a longer sentence that’s typically called for within the sentencing guidelines.

Brutally maiming and murdering federal agents simply because they dared to ask questions (revenge), well, that may be a crime that warrants an upward departure from the typical sentence.

 

Felony: An offense punishable by a term of imprisonment of one year or longer.

Felony Murder: A killing that takes place during the commission of another dangerous felony, such as robbery.

To get everyone’s attention, a bank robber fires his weapon at the ceiling. A stray bullet hits a customer and she dies as a result of her injury. The robber has committed felony murder, a killing, however unintentional, that occurred during the commission of a felony. The shooter’s accomplices could also be charged with the murder even if they were not in possession of a weapon or took no part in the death of the victim.

Hate Crime Motivation: An increase of sentence if the court determines that the defendant intentionally targeted a victim because of their race, religion, ethnicity, gender, gender identity, disability or even due to their sexual orientation.

Indictment: An indictment is the formal, written accusation of a crime. They’re issued by a grand jury and are presented to a court with the intention of prosecution of the individual named in the indictment.

Misdemeanor: A crime that’s punishable by one year of imprisonment, or less.

Obstruction of Justice: Obstruction of Justice is a very broad term that simply boils down to charging an individual for knowingly lying to law enforcement in order to change to course/outcome of a case, or lying to protect another person. The charge may also be brought against the person who destroys, hides, or alters evidence.

For more about obstruction, see When Lying Becomes A Crime: Obstruction Of Justice

Offense Level: The severity level of an offense as determined by the Federal Sentencing Guidelines.

Federal Sentencing Guidelines are rules that determine how much or how little prison time a federal judge may impose on a defendant who has been found guilty of committing a federal crime.

To learn more about these guidelines, go here … So, You’ve Committed a Federal Offense: How Much Time Will You Serve?

Parole: The early and conditional release from prison. Should the parolee violate those conditions, he/she could be returned to prison to complete the remainder of their sentence. Parole, however, was abolished in the federal prison system in 1984. In lieu of parole, federal inmates earn good time credits based on their behavior during incarceration. Federal inmates may earn a sentence reduction of up to 54 days per year. Good time credits are often reduced when prisoners break the rules, especially when the rules broken are serious offenses—fighting, stealing, possession of contraband such as drugs, weapons, or other prohibited material.

Federal prisoners who play nice during the course of their time behind bar typically see a substantial accumulation of good time credit and will subsequently hit the streets much sooner than those who repeatedly act like idiots.

Due to earned good time credit, federal prisoners who follow the rules are typically released after serving approximately 85% of their sentence.

* Writers, please remember this one. There is no parole in the federal system. People incarcerated in federal prison after 1984 are not eligible for parole because is does not exist. I see this all the time in works of fiction.

By the way, this regularly occurring faux pas (incorrect use of parole in novels) brings to mind the dreaded “C” word … cordite. I still see this in current books. Your characters, unless in works of historical fiction, cannot smell the odor of cordite at crime scenes because the stuff is no longer manufactured. In fact, production of cordite ended at the end of WWII. Please, please, please stop using the stuff in your books.

Please read this:

Once Again – Cordite: Putting This Garbage In The Grave!

 

Cop, crook

The world of cops and robbers is an entity all its own. It’s a culture that lives and breathes in every neighborhood of every city. And, within each individual subgroup comes a separate set of traditions, rules, regulations, and even their own language(s).

To survive in these various social orders, members and visitors must walk the walk and talk the talk that’s associated with each group. For example, to you the word cop might conjure up images of a burly police officer. However, to many criminals cop means to take plea agreement offered by the DA. “I’m not going to take a chance with a jury trial. I’m going to cop a plea.”

Let’s take a peek at a few more of the slang terms used by cops and robbers.

1. Sagging/Jailing (jailin”) – Wearing pants with the waistband so low that the underwear/boxer shorts are exposed. This style actually began in prisons and jails because inmates are often issued ill-fitting clothing. Their jail-issued pants are sometimes much too big which causes them to ride low on the hips.

Some say inmates who wear their pants “low” (saggers) are advertising that they’re available for sex.

2. Chicken head – Someone who gives oral sex in exchange for drugs.

3. Shorty – a nickname for girls/women. “Shorty sure looked fine last night.”

4. Bullet – A one year prison sentence.

5. Ink – Tattoo

6. Pruno – Alcohol made in jail or prison by inmates. Also known as hooch.

7. Five-O – The police. AKA: Po-Po, Barney, Bacon, Bear, Laws, Pig.

8. Lot Lizard – Prostitute who works the parking lots at truck stops.

9.. Catch a ride – Share someone’s drugs. “Hey, Dude. Can I catch a ride?”

10. Lampin’ – Hanging out under a street light. Those who do consider that spot as their turf.

Now, what are some of your favorite slang terms?

 

Writers of various genres are forever devising clever ways to send murder victims to their graves with undetected causes of death. One such favored method, poisoning, has proven quite reliable on the written page. Here are a few of the deadly toxins that thrive naturally. Why, even your spouses could get their hands on them. Yeah, keep that in mind the next time you decide to argue when you know you’re absolutely wrong.

Belladonna, often called nightshade, is a popular ornamental plant. It’s name means “beautiful woman” in Italian. A single six or seven drop dose of the plant’s toxic parts (roots, leaves, and berries) can cause death within a few hours. Victims could also suffer miserably for a few days before succumbing to the plant. Symptoms include, increased heart rate, rapid pulse and respiration, a loud heartbeat that can be heard from several feet away, fever, convulsions, and coma.

Jimsonweed, also known as thorn apple (pictured above), is a very deadly plant that’s sometimes abused as a hallucinogen. In fact, prison inmates working on roadside cleanup crews often harvest the plant’s tiny black seeds that, when consumed, produce the unusual high that’s associated with this prickly plant.

For example …

Once, while working as a corrections officer inside a maximum security facility, I overheard a young inmate who was vocally imitating the sounds of a motorcycle engine. And, amid the vrooms, zooms, growls, roars, and revving and snarling motor noises, were brief chuckles, giggles, and an imaginary argument with an imaginary fellow biker the man referred to as Buck. Buck, however, was, as I later understood, was fully-clothed, including  a helmet. And, I also learned that Buck was quit the acrobat and trick-rider.

Obviously, one of the major side effects of Jimsonweed consumption is delirium, and this guy’s hallucinations were working overtime as I rounded the corner of the open-stalled bathroom area.

The incarcerated man was totally nude and seated (you know where). Apparently the seed-induced trip caused him to perch his naked bottom atop an imaginary big old Harley, because he held his hands as if they were gripping handlebars, throttle, and brake controls, and he was pushing his fictitious bike to its limits. His body leaned forward over “the handlebars” to reduce wind friction, I supposed, and he did so while laughing like a madman, in short bursts of chimp-like squeals and screeches.

When he saw me his lips split into a tight grin as he wiggled his stubby and grubby fingers in my direction. The gesture was a childlike bye-bye wave aimed at me just before throttling the steel toilet into high gear. He shouted a few words to Buck (above the engine sounds) and he leaned further toward the front tire, crouching low while turning the throttle as far as mechanically possible. I assumed that he and Buck were riding off toward the horizon to avoid capture. They were doing 180 mph, or more. A guess, of course, because I didn’t have a radar unit handy. Not much need for one inside a prison, you know.

Their speed didn’t work, though. No match for my shiny, black fake leather shoes. Yes, miraculously, I was able to catch up to the pair—the inmate and Buck—on foot.

I easily apprehended the desperados and carted both to the medical department. Buck was released and soon disappeared. The prisoner, after a short stay in the infirmary, spent a few weeks in “the hole.”

In addition to delirium, other jimsonweed side effects are blurred vision vertigo, blindness, involuntary movements, convulsions, coma, and death.

Lilly of the Valley, aka Our Lady’s Tears, is found throughout the United States and Canada. The plants toxicity level is quite high, a level six, and causes an immediate reaction to the unsuspecting victim. Even the water in which the plant’s cut flowers is kept is deadly. Symptoms include, hallucinations, vomiting, clammy skin, hot flashes, coma, and death.