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WVCDL-ALERT Update
October 15, 2011
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Breaking News: Man Arrested for Carrying Concealed Handgun on College Campus | |
This story just came to WVCDL's attention this evening and we will be following it very closely. Thanks to Clint Sullivan for bringing this story to our attention. Those of you in the Eastern Panhandle should be prepared to take action in response to this story, so check your e-mail regularly and follow the advice in the item above for staying in touch with WVCDL.
In a nutshell, West Virginia state law does not criminalize carrying on a college, university, or other post-secondary educational institution's campus. As it relates to schools, W.Va. Code § 61-7-11a(b)(1) provides: "It shall be unlawful for any person to possess any firearm or any other deadly weapon on any school bus as defined in section one, article one, chapter seventeen-a of this code, or in or on any public or private primary or secondary education building, structure, facility or grounds thereof, including any vocational education building, structure, facility or grounds thereof where secondary vocational education programs are conducted or at any school-sponsored function." This language is very clear and does not include post-secondary institutions (universities, colleges, community colleges, etc.).
Even if there was a violation of some campus policy (whose legality under state law I would seriously question), a campus rule violation is not grounds for a lawful arrest--much less felony charges.
I hope Joshua Beck gets a good attorney. As this story did not indicate whether Mr. Beck had a concealed handgun license, I cannot say right now whether Mr. Beck's conduct was completely legal. If Mr. Beck did not have a CHL, he could still be charged & convicted of a misdemeanor concealed weapons charge under W.Va. Code § 61-7-3. However, if Mr. Beck had a CHL, there was no crime and he could actually have a good case for a civil lawsuit for a variety of claims.
We will let you know more about this case when we have additional information.
http://www.journal-news.net/page/content.detail/id/569197/Gun-ruckus-closes-CTC.html?nav=5006
Gun ruckus closes CTC
Man charged with bringing weapon onto college campus
October 15, 2011
MARTINSBURG - Blue Ridge Community and Technical College closed at 5 p.m. Thursday and plans to remain closed until 8 a.m. Monday because of three unrelated safety issues this week, according to a statement released Friday evening.
One incident involved a student bringing a concealed weapon onto the BRCTC satellite campus, which is against state law, and two separate incidents involved medical issues, the release states.
Both the Dunn Building campus on Stephen Street in Martinsburg and the satellite campus at 5550 Winchester Ave. were closed.
"There were no active threats against the college," spokeswoman Leslie See emphasized in a telephone interview Friday. "We found some security gaps, so the executive staff decided to close while an assessment was performed."
Berkeley County Sheriff Kenneth LeMaster said Joshua L. Beck, 26, of Martinsburg, allegedly brought a concealed handgun onto the Tech Center campus - the old Corning plant - on Wednesday.
Under state code, bringing a firearm onto college grounds is a felony, LeMaster explained.
Reports indicate that Beck was removed from the facility by law enforcement officers and college security. Lt. Rob Gardner was the lead investigator on the case.
An arrest warrant was obtained for Beck, and he was arrested Thursday and arraigned in Berkeley County Magistrate Court.
"School officials are following the code of conduct hearing protocol to further address this incident," the release states.
LeMaster also said there were no threats made by Beck.
However, an email from the Berkeley County Council administrative offices indicated otherwise.
"During the process of being removed (Wednesday), the man made threats against Blue Ridge officials," the email to officials and employees stated. "... During his arrest, the man made further threats against Blue Ridge CTC officials."
County offices in the Dunn Building remained open, because no threats were made against any of the government operations in that building, Alan J. Davis, deputy county administrator, said Friday, although there was increased police and court security presence in the area of the Dunn Building.
County operations in the Dunn Building include the County Council's administrative offices, planning and engineering, fire board, ambulance authority, the sheriff's tax office, county assessor's office and other quasi-governmental offices.
The announcement released by BRCTC continues that in unrelated situations, "Blue Ridge CTC also had two medical issues in which the ambulance was called to assist. The medical issues were not a result of an assault or any other criminal activity, however, both incidents indicated a need for swifter and stronger communication."
On Friday, the executive staff met to address these events and to further assess security concerns, the release states. As a result of that meeting, it was determined that the following actions will be taken:
1. Security communication between the Dunn Building and the Tech Center has been enhanced to include "push-to-talk" cellular phones.
2. The staffing of security has been increased to have two security personnel on both campuses during all operational hours.
3. An outside agency will be contracted to complete a more in-depth and complete security audit.
4. Security assessments with local law enforcement agencies shall be completed.
5. There will be continued discussions and reviews of the appropriate level of security needed and necessary enhancements made.
6. There will be increased training and advisement of security practices for staff, faculty and students.
Additional details on the incidents were not available Friday evening.
- Staff writer John McVey can be reached at 304-263-3381, ext. 128, or jmcvey@journal-news.net |
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Murder Charges Dropped in St. Albans Self-Defense Case | |
Editorial below.
Wednesday October 12, 2011
Murder charges against St. Albans man dropped
CHARLESTON, W.Va. -- Charges have been dropped against a St. Albans man who shot and killed two people in August.
Kanawha Prosecutor Mark Plants announced Wednesday morning in a press conference that an investigation shows Charlie Booker, 41, acted in self-defense when he shot Joe Miller, 31, and Billy Dodd, 31, also of St. Albans.
The incident occurred Aug. 6 in the 2200 block of Wilson Avenue in St. Albans. A third man, Rock Linkenhoker, was also involved in the confrontation with Booker but was not shot.
Plants said, "I strongly believe in the right to self defense and the right to defend yourself and your family and to bear arms."
Booker's wife and children were in the vicinity at the time. Plants said all evidence shows Booker was struck on the head with a metal tool and he responded by drawing a gun.
After the altercation, he received 13 stitches to close the gash on top of his head.
Booker's attorney, Troy Giatras, said Booker and his family were very relieved to have all charges dropped. He was arrested after the incident and charged with two counts of murder. He later posted bond and was released but remained on home confinement.
His case was never presented to a grand jury.
"We've reviewed the evidence. It was a complete and thorough investigation. The evidence is that the assailants who were armed with deadly weapons confronted Charlie Booker and struck him in the head," Plants said.
He said it wasn't clear who started the altercation, and for that reason charges would not be filed against Linkenhoker. Plants said Linkenhoker is the one who struck Booker.
Police said the disagreement between the men was sparked by a motorist who was speeding up and down the neighborhood street. Linkenhoker, Dodd and Miller decided to go to the home where the suspect's vehicle was kept.
Booker, police said, was in the neighborhood with his family visiting and tried to intervene in the dispute.
"There's no evidence that a crime occurred," the prosecutor said. "All the evidence points that this citizen utilized his right to return deadly force with deadly force. He had reason to believe his life was in danger."
His assailants carried a claw hammer, the metal tool and a knife.
Plants said he spoke to the families of the victims and explained his decision to them.
"This is a tragic situation for all the families involved," he said. "I tried to explain that I prosecute based on the evidence. And based on that evidence this is a case of self-defense."
Contact writer Cheryl Caswell at cherylc@dailymail.com or 304-348-4832.
http://www.dailymail.com/Opinion/Editorials/201110130158
Editorials
Friday October 14, 2011 Prosecutor must pursue justice, not convictions Dropping murder charges against Charlie Booker was the right call On Saturday, Aug. 6, three men were upset with the driver of a Camaro, who apparently drove recklessly around Wilson Avenue. They followed the driver to Vine Street to confront him.
Instead, they ran into Charlie Lee Booker, 41, who knew the mother of one of the friends of the driver.
They confronted him, and one of them struck him in the head, leaving a 4-inch gash. Booker pulled his 9 mm pistol and shot and killed Joseph E. Miller, 31, and Billy Dodd, also 31. A third man who confronted Booker, Rock Linkenhoker was not injured in the altercation.
St. Albans police arrested and charged Booker with two counts of murder, as one might expect. [JM: I will take one exception here. Florida and many other states that have recently reformed their self-defense laws have adopted requirements that in cases where a person claims to have acted in self-defense, the police conduct at least a minimal invesitgation regarding whether the use of force was justified rather than arrest first and ask questions later. West Virginia should adopt a similar law.]
His lawyer contended the killings were in self-defense.
An investigation showed the three men carried a claw hammer, a metal rod and a knife. One man, no matter how large, against three men so armed should be fearful for his life.
On Wednesday, Kanawha County Prosecutor Mike Plants held a press conference to declare that the charges against Booker had been dropped. It was indeed self-defense.
"This is a tragic situation for all the families involved," Plants said. "I tried to explain that I prosecute based on the evidence. And based on that evidence this is a case of self-defense."
The tragedy would have been compounded had Booker had to go through the trauma of a trial for a crime that he did not commit. |
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One of the many legislative issues WVCDL is pursuing is the restoration of our right to carry in all unsecured state & local government buildings.
Currently, among other places where state law denies our right to the means of self-defense, W.Va. Code § 61-6-9(b) prohibits carrying in the State Capitol and on its surrounding grounds. In contrast, many states--including Virginia and Kentucky--generally permit some form of lawful carrying inside their state capitol buildings. Their ranks are growing with the recent addition of Florida and the upcoming addition of Wisconsin (effective November 1, 2011) to the ranks of states where individuals licensed to carry concealed weapons do not have to surrender their Second Amendment rights to exercise their First Amendment rights.
Kudos to Wisconsin Senate Majority Leader Scott Fitzgerald for recognizing the folly of so-called gun-free zones not backed by mandatory metal detector screenings and other meaningful security measures.
Top two GOP leaders back concealed guns in Capitol Fitzgerald brothers are OK with allowing weapons
Oct. 10, 2011
Madison - The top two GOP leaders in the Legislature say they're willing to back concealed guns at the Capitol.
Assembly Speaker Jeff Fitzgerald (R-Horicon) and his brother, Senate Majority Leader Scott Fitzgerald (R-Juneau), have joined the state attorney general in saying they would accept the practice. But at least one prominent Republican lawmaker is criticizing the idea.
A spokesman for Jeff Fitzgerald said Monday that his boss supported allowing concealed carry in the Capitol. On Nov. 1, Wisconsin becomes the 49th state in the nation to allow concealed weapons for those who receive permits.
"So long as the Capitol remains open, our members, their staff and the public have a right to defend themselves," John Jagler said.
One difference, however, might be if Gov. Scott Walker's administration enforced some other policy to make the building more secure, Jagler said.
Scott Fitzgerald also said he would have no problems with allowing concealed carry in the Capitol. He said the only way to ensure there are no guns in the Capitol would be to bring back metal detectors. [JM: Excellent! Unfortunately, one of the few weaknesses in Wisconsin's new concealed carry law allows any state or local government agency to prohibit carrying in a public building simply by posting signs--no security measures required. Hopefully, the Wisconsin Legislature will revisit this issue and limit restrictions on carrying in public buildings to those that have metal detectors and on-site gun lockers.]
"If you're not going to do that, then you've got to buy into the idea that concealed carry is going to work the way it works in 48 other states," Scott Fitzgerald said.
Last week, Attorney General J.B. Van Hollen, a Republican, also said he had no problem with concealed guns being allowed in the Capitol. But the final decision will be made by Walker's administration.
Walker spokesman Cullen Werwie said a decision would be made by the state Department of Administration, which includes the Capitol Police, before the law goes into effect. Under the law, state officials are able to post signs prohibiting guns in the Capitol but not on the building's grounds.
Senate President Mike Ellis (R-Neenah) said he opposed allowing guns in the state Capitol, despite what some other Republicans have been saying. Ellis said lawmakers should be mindful of the shooting of U.S. Rep. Gabby Giffords (D-Ariz.) in January.
He also recalled an incident in a Senate debate in May over requiring photo IDs for voting when a protester stormed onto the Senate floor screaming "No, no, no, no, no!"
"If he'd had a gun in his hand, I would have been dead," Ellis said.
He said there was an "atmosphere of controlled fear" during protests earlier this year, when he and other Republicans often received police escorts.
During the height of those protests, the added security included metal detectors that were used to screen protesters. During that time period, police could confiscate everything from weapons to noisemakers.
Scot Ross, executive director of the liberal group One Wisconsin Now, said there would be a contradiction in allowing guns now after the earlier efforts to screen Capitol visitors for weapons and restricting access to the building during the demonstrations.
"The Republicans wasted millions of dollars to make schoolchildren go through metal detectors and face being wanded, now they want to allow guns in the Capitol," he said. [JM: Good thing he has never been to Texas or Virginia, where there are metal detectors at the state capitol entrances but no restrictions on carrying by licensed individuals. Texas actually has a full-time express lane for CHL holders and Virginia sets up a temporary express lane for CHL holders on VCDL's Lobby Day each year.]
Peg Lautenschlager, a former Democratic state attorney general who represented unions in a recent case involving access to the Capitol, said she didn't understand why metal detectors would be needed to enforce a prohibition on guns at the statehouse when they typically aren't used to do that now.
"There is no logic in the Republicans' arguments," she said.
Sen. Rob Cowles (R-Green Bay) had no immediate comment on the question of allowing guns but said he would want to know what option would be cheapest for taxpayers. Assembly Minority Leader Peter Barca (D-Kenosha) couldn't immediately be reached for comment.
On Friday, Van Hollen sent emergency rules on implementing the concealed carry law to Walker for his approval. Walker spokesman Chris Schrimpf said the governor's office is examining the rules but had no other comment.
Patrick Marley of the Journal Sentinel staff contributed to this report.
http://www.palmbeachpost.com/news/state/police-chamber-sergeants-prepare-for-policy-allowing-guns-1905582.html
Police, chamber sergeants prepare for policy allowing guns in Florida Capitol
By Dara Kam
Palm Beach Post Staff Writer
Monday, Oct. 10, 2011
TALLAHASSEE - Until less than two weeks ago, someone with a concealed weapon's permit wishing to enter Florida's Capitol with a gun had to leave it in a lock box at the door.
That policy, like hundreds of local ordinances limiting where gun owners could bring their weapons, may have been illegal, but that all ended Oct. 1, when a new state law went into effect affirming that only the Legislature can enact laws regulating guns.
As cities and counties statewide scrambled to make sure they were in compliance or face a $100,000 fine, the Capitol Police instituted a new policy this month for the building that holds the governor's office and the chambers of the state House and Senate.
Now, gun owners with concealed weapons permits can tote their firearms into the marbled halls as long as they show their concealed weapon's licenses and photo identification when they enter the building. But they can't take their guns into "any meeting of the Legislature or a committee thereof" and they'll be given a written notice of that when they come in the building.
The new policy gave pause to some lawmakers and lobbyists and was no big deal to others.
"If you think there's somebody in there that might be carrying a gun and it's a red-meat issue, will it influence a member's ability to speak freely and not potentially provoke somebody from using a gun? That's got to be in the back of a lot of people's minds," said Rep. Mark Pafford, D-West Palm Beach. "Who knows what's the trigger for someone to do something bad?"
But Marion Hammer, Florida lobbyist for the National Rifle Association, said, "This is no big deal. They finally decided apparently that they're going to do it right."
Hammer, who pushed the law this spring, said that concealed weapons permit holders, who must be fingerprinted and pass background checks, know the rules.
"You're dealing with law abiding people," she said. "I'm sure if they come in through the door, they show their permit. They show their ID, security is going to inform them these are places you cannot go and they're not going to do it."
Existing law already forbade gun owners from bringing weapons into any public meeting where lawmakers are gathered, and that was not changed by the new statute approved by lawmakers this spring and signed into law by Gov. Rick Scott.
Asked about its policy for ensuring that people with guns do not take them into meetings of lawmakers, a Florida Department of Law Enforcement spokeswoman Heather Smith said, "While we do not have a written protocol that addresses this specifically, Capitol Police works with the sergeants at arms of each chamber on an ongoing basis to share information as appropriate to ensure the safety of the Capitol's employees and visitors."
The FDLE oversees the Capitol Police. The House and Senate sergeants-at-arms staff man the doors to committee meetings and House and Senate chambers.
Those wishing to sit in the public galleries for a session of the full House or Senate will have to pass through a metal detector and relinquish their gun if they have one, House Sergeant at Arms Ernie Sumner said. They will be referred to the Capitol Police, who have lock boxes where the weapons can be secured.
But metal detectors will not be used at committee rooms. Sumner said the Capitol Police will provide him and his Senate counterpart, Don Severance, with a description of anyone legally entering the building with a concealed weapon. Then, if it looks like someone who might be carrying a gun is headed into a committee room, Sumner said his staff will remind them about the law prohibiting weapons in places where lawmakers are meeting.
"We're not going to anything any different than what we've been doing but we'll just be very vigilant. If we have a suspicion we might ask someone," he said.
But some lawmakers raised concerns that the new procedure could allow someone with a gun to enter a committee room.
"In most of those committee rooms it's tough to clear the room very quickly," Pafford said. "You hate to play that out in your mind."
They and lobbyists also wondered if the fear that visitors may be pistol-packing could have a chilling effect on heated debate.
"The thought always crosses your mind, especially with what happened in Arizona," said Jose Gonzalez, a lobbyist for Associated Industries of Florida who has been involved in controversial issues including immigration, smoking and gun rights.
Gonzalez, who is on the Florida Association of Professional Lobbyists board of directors, said he trusts the Capitol Police and chamber sergeants-at-arms to keep the Capitol safe, "but their job, in my opinion, just got a lot harder."
Sen. Greg Evers, a co-sponsor of the new law, said he's not worried about Floridians legally bringing guns into the Capitol.
"I don't have a problem with it at all. It's just folks exercising their Second Amendment right," Evers, R-Baker, said. "I do not feel that the folks exercising their Second Amendment right will in any way impede folks from utilizing their First Amendment rights." |
Wal-Mart Bows to Antis, Adopts Stringent Gun Sale Procedures | |
See commentary in brackets below.
Walmart Tightens Controls Over Sale Of Firearms
October 14, 2011
A decision by retail giant Wal-Mart in July to strengthen its oversight of gun purchases has drawn criticism from the National Rifle Association (NRA) and plaudits from groups such as the Million Mom March against handgun violence. Wal-Mart has ordered its stores to wait until a Brady Law criminal background check on a purchaser is complete before selling guns to that purchaser, no matter how long the check takes. Currently, under federal law, gun sales can take place if a background check is not completed within three business days. [ JM: Depending on the calendar ("business days" do not include Saturdays, Sundays, or legal holidays), "three business days" really means ujp to 7 days. This time limit is designed to force the government to do its job in a timely manner. In fact, 18 U.S.C. § 922(t)(1) does not contain any requirement that a "delayed" background check be completed and that the dealer be given a response once the 3-business-day period has elapsed.] "Sometimes you get a 'proceed' on a sale right away after sending an application," said Mike Klosterhoff, assistant manager at the Wal-Mart store at Kirkwood Commons. "It usually takes no more than 20 minutes or a half hour. [ JM: Sometimes there is never a response. Although some background check requests are eventually answered later, federal law does not guarantee a response once three business days have passed. Unless there is a more restrictive state background check law (applicable in only a few states), as a matter of federal law, a licensed dealer may complete a sale after the 3-business-day period has passed if the government has failed to do its job and provide a response in that time. The federal Protection of Lawful Commerce in Arms Act, 15 U.S.C. §§ 7901 to 7903, passed by Congress in 2006, protects law-abiding gun dealers from most lawsuits arising from the lawful sale of a firearm.] "We actually have some discretion ourselves on whether to sell a firearm to somebody," added Klosterhoff. "In fact, even if a background check comes back okay, we don't have to sell the product. If we think there are some circumstances that make it wise not to make a sale, then we don't go ahead with the sale." Wal-Mart is the nation's largest seller of firearms, usually sold in its sporting goods department. Once a predominantly rural retailer, it now has stores throughout the St. Louis area including Fenton, Eureka, Town & Country, South County and Arnold. [ JM: While this story is from Missouri, the Wal-Mart policy is a nationwide policy.] "We've always had a policy to be cautious about gun sales," said Klosterhoff at the Kirkwood store, located near the intersection of I-44 and Kirkwood Road. "But we did have a policy that if the background check did not materialize within three days, we could sell the gun to a potential purchaser." Studies in several states have shown that the three days allowed for background checks are sometimes insufficient for police to determine if the purchaser was a felon. According to a report released by the Arizona Auditor General, in one year alone 5,500 people were able to buy guns in the state through a time "default" -- without the completed background check. [ JM: If the government insists on requiring background checks before we may take delivery of a gun from a licensed dealer, the government has an obligation to collect, update, and maintain criminal records and other records used to determine whether a person may lawfully purchase a firearm instantly, as implied by the name of the National Instant Criminal Background Check System. Unfortunately, published research indicates that a large number of "denials" are actually erroneous.] In a random sampling of 200 of these 'default' purchases, one-third of the gun buyers had been charged with serious crimes, such as weapons misconduct and conspiracy to commit murder. [JM: "Charged" does not mean "convicted."] The report recommended more time -- up to 30 days -- to allow law enforcement to complete checks. [ JM: Am I supposed to be surprised they did not just go ahead and recommend abolishing the time limit altogether? ] Nationwide, the FBI has estimated that 95 percent of background checks are completed within two hours. Difficulty accessing records and inadequate manpower to conduct investigations contributed to delays for the other 5 percent. [ JM: One thing that would help in at least some cases would be for West Virginia and other states to update their concealed weapons license background check procedures to qualify under 18 U.S.C. § 922(t)(3)(A) for addition to the list of states (20 states, including Kentucky, currently qualify) whose concealed weapons license holders do not have to go through redundant background checks when purchasing a gun. Eliminating these unnecessary, redundant checks would free some resources for completing the background checks for others.] The FBI reports that buyers whose background checks take longer than 24 hours are 20 times more likely to be convicted felons or other prohibited purchasers. Brian Fitzpatrick, who works in sporting goods at the Wal-Mart in Kirkwood, said store employees are receiving a computer-based course on the store's premises that covers such things as procedure on gun sales. "The course walks us through the application process on gun sales," explained Fitzpatrick. "It also taught us to look for problem signs when you are selling a gun. If someone comes in the store and they are jittery, or they don't care what kind of gun they buy, or they come in right at closing time for a gun -- these are warning signs that you don't want to make a sale." [ JM: Beyond the formal requirements of federal and state laws, there are many circumstances where a licensed dealer may have good reason to suspect a person may not be a legitimate, lawful purchaser. However, these potentially problematic cases do not justify casting suspicion on everyone who walks in the door.] The new Wal-Mart policy on gun sale background checks has won praise from Michael D. Barnes, president of the Brady Campaign Against Gun Violence. [ JM: Barnes is also a former congressman from Montgomery County, Maryland, which should tell you anything you did not already know by virtue of his position with the Brady Bunch.] He said the decision to err on the side of caution puts safety before profit -- a policy that should be emulated by other gun dealers. The National Rifle Association (NRA) has been critical of Wal-Mart's move as a concession to federal red tape and bureaucracy and efforts to limit Second Amendment rights. The Brady Center's Barnes had harsh words for the NRA response. "The NRA would have our law enforcement officers risk their lives to retrieve guns from possibly violent criminals who were able to buy guns because the three days passed, rather than prevent those felons from getting guns in the first place," said Barnes. "Time and again the NRA places easy access to guns over the safety of the rest of us." [ JM: The Brady Bunch would rather law-abiding citizens who want to legally purchase guns from licensed dealers risk their lives while government bureaucrats turn an "instant" background check into an endless ordeal because the same government that mandated the background checks will not properly collect, update, and maintain its records.] |
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Who Needs a Gun at a Bank? | |
Thanks to WVCDL member Randy Turner for this link.
Carjacker shot, killed during hostage incident
September 27, 2011
By Edward Marshall, Journal Staff Writer
MARTINSBURG - A 42-year-old man wanted in three states on various charges, including bank robbery, was fatally shot by police following a carjacking turned hostage situation Monday at the My Bank First United Bank & Trust on Foxcroft Avenue in Martinsburg.
The suspect, Michael K. Silver, of no fixed address, was shot by officers from the Martinsburg Police Department and later died at City Hospital, Martinsburg Police Chief Kevin Miller told The Journal late Monday night. Silver was wanted in Spotsylvania County, Va., on pending charges of robbery; in Martinsburg, for breaking and entering; and was the prime suspect in a Farmers & Merchants bank robbery in Chambersburg, Pa., on Thursday.
The two officers will be placed on administrative leave pending the outcome of an investigation, Miller said.
The incident started after Silver approached a woman and her 4-year-old daughter inside the parking lot outside of JCPenney at the Martinsburg Mall and brandished a gun, Miller said. Silver intended on robbing the woman by forcing her to drive to a bank and withdraw money from an ATM, Miller said.
"It was a random carjacking when he took her car at the mall, and then it was pretty much going to be a robbery attempt to take money from her here at the ATM machine," he said. "...The victim gave a statement. It was a random victim that came out of the mall and he put a gun in her face and kidnapped her."
The call reporting the carjacking came in to dispatchers at 6:23 p.m.
"A passer-by saw this happening and radioed into the Martinsburg Police Department. It ended up being a hostage situation here at My Bank on Foxcroft Avenue," Miller said in an earlier statement to reporters.
Two Martinsburg officers responded to the scene. The woman attempted to escape from the vehicle, and Silver tried to pull her back in, Miller said. A police officer pulled the woman out, at which point Silver aimed a firearm at the officers. Multiple shots were fired by police through the driver's and passenger's side windows, Miller said.
"They pull in here, and the victim tries to exit the vehicle. He pulls her back into the vehicle and an officer then grabs a hold of her and pulls her out of the vehicle and pulls her to safety," Miller said.
Miller added that police were initially unaware of a child being present in the vehicle until the shooting had ended. The child was in the back seat. Miller said he didn't believe that Silver exchanged gunfire. The type of firearm Silver had has not been released yet.
The call reporting shots fired at the My Bank First United Bank & Trust on Foxcroft Avenue was reported at about 6:30 p.m. Monday.
The Martinsburg Police Department, Berkeley County Sheriff's Department and West Virginia State Police, as well as emergency medical services personnel, responded to the scene and quickly secured the area.
Members of the Eastern Panhandle Drug & Violent Crime Task Force later arrived at the scene, as well as the State Police's crime scene team and mobile crime scene unit.
What appeared to be at least one shotgun shell casing could be seen near the victim's car at the scene.
Emergency scanner traffic indicated a patient was being transported to City Hospital with multiple entry and exit shotgun wounds. Miller said one officer was armed with a shotgun, while the other had a handgun.
At 8 p.m., Miller said the victim was in the process of giving a statement at the Martinsburg police station.
"She's as fine as you can be, I guess, with a traumatic situation," Miller said.
As far as the officers involved in the shooting, Miller said both will be afforded the opportunity to seek counseling as a result of the incident.
"It's something that's part of our policy that they will be sent to counseling and get treatment there as needed," Miller said.
- Staff writer Edward Marshall can be reached at 304-263-8931, ext. 182, or emarshall@journal-news.net
http://www.journal-news.net/page/content.detail/id/568266/New-details-on-shooting-of-carjacker-come-forth.html?nav=5006
New details on shooting of carjacker come forth
September 28, 2011
By Edward Marshall, Journal Staff Writer
MARTINSBURG - Members of the West Virginia State Police's crime scene team located a black Walther airsoft BB gun on the driver's side floorboard of the vehicle a 42-year-old carjacker was shot in Monday by police, after the suspect kidnapped a woman and her 4-year-old child from the parking lot of the Martinsburg Mall.
Michael Kelly Silver, of no fixed address, brandished a weapon at officers prior to being shot and also had a pocket-style knife, according to a press release issued Tuesday by the Martinsburg Police Department.
The shooting occurred after Martinsburg police officers arrived at the My Bank First United Bank & Trust, located at 980 Foxcroft Ave., where police believe Silver was attempting to force the victim to withdraw money from an ATM as part of a robbery. At that point, officers approached the vehicle from the front and the rear and found a female victim attempting to exit the passenger-side door while Silver tried to bring her back in, police said.
"Officers then proceeded to give multiple verbal commands to the suspect, which he failed to comply with. An officer then grabbed the female from the passenger side of the vehicle and pulled her aside just as the suspect brandished a pistol at the officer, which placed him in fear of his life," Tuesday's press release states.
Two officers then engaged the suspect with gunfire from the passenger side and front of the vehicle by use of a handgun and shotgun, police said.
"While engaging the suspect, an officer observed a small child in the back seat of the vehicle and ordered the gunfire to cease. At that point, the threat the suspect was posing to the officers and the victims had been eliminated," Tuesday's release continued.
Silver was subsequently removed from the vehicle and CPR was administered by officers while awaiting the arrival of emergency medical services personnel.
The child was removed from the rear of the vehicle following the incident and both victims were found to be unharmed. The Martinsburg Fire Department then arrived at the scene and transported Silver to City Hospital, where he was pronounced dead, police said.
The course of events that led to the shooting began at about 6:24 p.m. Monday when the Martinsburg Police Department received a call in regard to a kidnapping and carjacking that had just occurred in the Martinsburg Mall parking lot, police said.
After receiving initial information, officers were first advised that the suspect had used a knife to carjack a vehicle and that its occupants were still inside. Officers were provided information through dispatchers about the location of the vehicle thanks to a citizen who contacted 911 and followed the car, police said.
Officers were told the car was parked in a lot near Waffle House on Foxcroft Avenue. As officers were responding to the location, information was received that the vehicle had left the parking lot and was parked at the My Bank First United ATM on Foxcroft Avenue, police said.
Officers responded to the bank drive-through lane and found the vehicle parked at the ATM immediately prior to the incident that resulted in the shooting.
Silver was later officially identified as the person killed. He had outstanding felony charges for breaking and entering through the Martinsburg Police Department and was wanted in connection with felony charges through other states, police said.
"Silver was also believed to be a suspect of several other incidents that are actively being investigated by other agencies," Tuesday's release states.
Silver was wanted in Spotsylvania County, Va., on pending charges of robbery and also was the prime suspect in a Farmers & Merchants Bank robbery in Chambersburg, Pa., on Thursday. Previously published media reports state Silver robbed the same bank in 2003. Silver also was linked to an alleged attempted robbery in Berkeley County last month. A warrant for his arrest charging him with conspiracy to commit second-degree robbery was issued Monday in Berkeley County, the same day he was shot.
Court records obtained Tuesday also show Silver was recently released from a West Virginia state penitentiary after serving a one- to three-year prison sentence for a felony third offense driving suspended conviction in Berkeley County. An official certificate of discharge signed in May stated Silver's sentence expired June 13.
Monday's shooting incident is being investigated by the West Virginia State Police, due to the Martinsburg Police Department's involvement in the matter. Also assisting in the investigation is the Eastern Panhandle Drug and Violent Crime Task Force.
"The Martinsburg Police Department would like to thank the West Virginia State Police, the Berkeley County Sheriff's Department and the Martinsburg Fire Department for their assistance with this incident," Tuesday's release stated.
- Staff writer Edward Marshall can be reached at 304-263-8931, ext. 182, or emarshall@journal-news.net |
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James M. "Jim" Mullins, Jr., Esq.
Treasurer, Founder, Past President, Legislative Director, and General Counsel, West Virginia Citizens Defense League, Inc. |
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