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I came across this old article and thought it would be of interest to security professionals LIKE US.
Maybe I'm just being to hard on the officer, but working at a site that deals with the homeless on a daily bases (downtown Los Angeles) I would have simply let the guy leave when he started to. Our standard MO when dealing with homeless is: you call for back up (first), once your back up has arrived you make contact with the individual and advise him (or her) of the policy (no loitering, panhandling, etc). 9 times out of 10 at that point they leave, occasionally they might curse at you (so what). If things do escalate you have a partner to assist in the arrest. And you certainly don't lose your baton or try a lot of fancy moves.
Fortunately no one was killed.
After near dismissal, Frazier heads to trial
By Ari Bloomekatz
Tuesday, January 27, 2004
After almost dropping the felony charge of assault with a deadly weapon, a judge ruled to move forward to a trial against the suspect shot in an altercation at Kerckhoff Hall.
Police say UCPD Officer Terrence Duren confronted Willie Davis Frazier, Jr. in the Kerckhoff Hall second floor study lounge on Oct. 5. A physical confrontation ensued and Duren, reportedly in fear for his life, shot Frazier.
At the preliminary hearing Monday, Duren was asked by both the prosecution and defense to recount the entire event.
Duren said he entered the study lounge around 10 p.m. that evening and noticed Frazier sitting down. He said he approached Frazier and asked if he was a student or faculty member. Duren said Frazier responded “Why are you harassing me?” and became belligerent.
“I said ‘if you are a student or staff member you would be appreciative of the security measures,’” Duren said, adding that he had activated a mini cassette tape recorder on his gun-belt and had made a call for backup.
Duren said he placed his hand softly on Frazier’s shoulder after Frazier abruptly stood up and tried to leave.
Duren said he then tried to detain Frazier for an investigation of trespassing – noting that the study lounge is restricted to students and faculty. He also said he thought Frazier was a trespasser because his demeanor and clothes were those of a homeless person.
When Frazier attempted to flee, Duren said he grabbed Frazier in a bear hug and began yelling “relax, relax.” Duren said Frazier was yelling “help me, somebody call the police,” and that he knew he was being watched by video cameras and witnesses on the stairwell who saw part of the incident.
Duren said he tried to perform a number of holds on Frazier but was not able to control or subdue him, and ended up wedging Frazier against a wall.
While up against the wall, Duren said his finger was scratched and he pushed Frazier away.
“He was escalating the situation, so I was going to escalate it by using my collapsible baton,” Duren said.
Duren said he struck Frazier right above the knees and was yelling, “Get on your knees, get down,” while Frazier was against the wall. Duren did not remember whether or not he struck Frazier two or three times, but that after one of the blows he lost control of the steel baton.
When he turned to retrieve his baton, Duren said Frazier ran away to hide in a nearby bathroom.
Duren said he thought about letting Frazier stay in the bathroom and waiting for back-up to come, but was worried Frazier may be a threat to civilians if they were in the bathroom.
Duren said Frazier punched him in the face with a closed fist when he entered the bathroom.
“Fists were flying. He was striking me, I was striking back. It was violent,” Duren said.
Duren said he tried to subdue Frazier by performing a leg sweep, however, in the process, he said he was kneed in the crotch.
“It was excruciating pain. I felt my muscles become marshmallows,” Duren said.
Now both on the bathroom floor, Duren said he felt a tug on his semi-automatic weapon. Originally during the preliminary hearing, Duren said Frazier had the weapon in his hand, however, he later said that Frazier was only lifting it slightly out of the holster.
Duren said both he and Frazier had their hands on the gun and were struggling for control – although Duren had his hand on the handle of the gun and the barrel faced Frazier’s chest at all times. Duren said they were bouncing off the walls of the bathroom and said he was not sure who pulled the trigger, but the gun went off, hitting Frazier.
Duren then said he separated himself and saw Frazier holding his baton. Duren said he pointed his weapon at Frazier and told him to drop the baton, but when Frazier appeared to be approaching, he shot him, ending the incident.
Frazier is now charged with one count of assault with a deadly weapon, one count of assault, and one count of removing an officer’s weapon – charges that could mean up to 20 years in prison.
Toward the end of the hearing, John Raphling, Frazier’s attorney, made a motion to dismiss both counts of assault – nearly successfully.
Raphling said Frazier at no time had enough control over the gun to make an assault with a deadly weapon and that Frazier is entitled to at least some self defense.
“The people’s position is that the officer was in performance of his duty,” said District Attorney Keri Modder, who was sitting in for lead prosecution District Attorney Frank Tavelman while he was in another trial.
“My instincts tell me that the people’s argument is not persuasive here,” said the judge, noting that the weapon had been pointed completely at Frazier during the initial shot.
However, after taking a short recess and researching the subject, the judge reversed his position and denied the motion to dismiss.
The incident will now go to trial, with the initial arraignment on Feb. 9 where Raphling said Frazier will plead not guilty. Raphling said the first pre-trial hearing will be 60 days from the arraignment.
Duren said he hopes that Frazier doesn’t get sent to jail, but instead gets mental help.
“You put this man in prison, and he’s going to get harder. This man needs mental help. In a way I feel sorry for him,” Duren said.
Maybe I'm just being to hard on the officer, but working at a site that deals with the homeless on a daily bases (downtown Los Angeles) I would have simply let the guy leave when he started to. Our standard MO when dealing with homeless is: you call for back up (first), once your back up has arrived you make contact with the individual and advise him (or her) of the policy (no loitering, panhandling, etc). 9 times out of 10 at that point they leave, occasionally they might curse at you (so what). If things do escalate you have a partner to assist in the arrest. And you certainly don't lose your baton or try a lot of fancy moves.
Fortunately no one was killed.
After near dismissal, Frazier heads to trial
By Ari Bloomekatz
Tuesday, January 27, 2004
After almost dropping the felony charge of assault with a deadly weapon, a judge ruled to move forward to a trial against the suspect shot in an altercation at Kerckhoff Hall.
Police say UCPD Officer Terrence Duren confronted Willie Davis Frazier, Jr. in the Kerckhoff Hall second floor study lounge on Oct. 5. A physical confrontation ensued and Duren, reportedly in fear for his life, shot Frazier.
At the preliminary hearing Monday, Duren was asked by both the prosecution and defense to recount the entire event.
Duren said he entered the study lounge around 10 p.m. that evening and noticed Frazier sitting down. He said he approached Frazier and asked if he was a student or faculty member. Duren said Frazier responded “Why are you harassing me?” and became belligerent.
“I said ‘if you are a student or staff member you would be appreciative of the security measures,’” Duren said, adding that he had activated a mini cassette tape recorder on his gun-belt and had made a call for backup.
Duren said he placed his hand softly on Frazier’s shoulder after Frazier abruptly stood up and tried to leave.
Duren said he then tried to detain Frazier for an investigation of trespassing – noting that the study lounge is restricted to students and faculty. He also said he thought Frazier was a trespasser because his demeanor and clothes were those of a homeless person.
When Frazier attempted to flee, Duren said he grabbed Frazier in a bear hug and began yelling “relax, relax.” Duren said Frazier was yelling “help me, somebody call the police,” and that he knew he was being watched by video cameras and witnesses on the stairwell who saw part of the incident.
Duren said he tried to perform a number of holds on Frazier but was not able to control or subdue him, and ended up wedging Frazier against a wall.
While up against the wall, Duren said his finger was scratched and he pushed Frazier away.
“He was escalating the situation, so I was going to escalate it by using my collapsible baton,” Duren said.
Duren said he struck Frazier right above the knees and was yelling, “Get on your knees, get down,” while Frazier was against the wall. Duren did not remember whether or not he struck Frazier two or three times, but that after one of the blows he lost control of the steel baton.
When he turned to retrieve his baton, Duren said Frazier ran away to hide in a nearby bathroom.
Duren said he thought about letting Frazier stay in the bathroom and waiting for back-up to come, but was worried Frazier may be a threat to civilians if they were in the bathroom.
Duren said Frazier punched him in the face with a closed fist when he entered the bathroom.
“Fists were flying. He was striking me, I was striking back. It was violent,” Duren said.
Duren said he tried to subdue Frazier by performing a leg sweep, however, in the process, he said he was kneed in the crotch.
“It was excruciating pain. I felt my muscles become marshmallows,” Duren said.
Now both on the bathroom floor, Duren said he felt a tug on his semi-automatic weapon. Originally during the preliminary hearing, Duren said Frazier had the weapon in his hand, however, he later said that Frazier was only lifting it slightly out of the holster.
Duren said both he and Frazier had their hands on the gun and were struggling for control – although Duren had his hand on the handle of the gun and the barrel faced Frazier’s chest at all times. Duren said they were bouncing off the walls of the bathroom and said he was not sure who pulled the trigger, but the gun went off, hitting Frazier.
Duren then said he separated himself and saw Frazier holding his baton. Duren said he pointed his weapon at Frazier and told him to drop the baton, but when Frazier appeared to be approaching, he shot him, ending the incident.
Frazier is now charged with one count of assault with a deadly weapon, one count of assault, and one count of removing an officer’s weapon – charges that could mean up to 20 years in prison.
Toward the end of the hearing, John Raphling, Frazier’s attorney, made a motion to dismiss both counts of assault – nearly successfully.
Raphling said Frazier at no time had enough control over the gun to make an assault with a deadly weapon and that Frazier is entitled to at least some self defense.
“The people’s position is that the officer was in performance of his duty,” said District Attorney Keri Modder, who was sitting in for lead prosecution District Attorney Frank Tavelman while he was in another trial.
“My instincts tell me that the people’s argument is not persuasive here,” said the judge, noting that the weapon had been pointed completely at Frazier during the initial shot.
However, after taking a short recess and researching the subject, the judge reversed his position and denied the motion to dismiss.
The incident will now go to trial, with the initial arraignment on Feb. 9 where Raphling said Frazier will plead not guilty. Raphling said the first pre-trial hearing will be 60 days from the arraignment.
Duren said he hopes that Frazier doesn’t get sent to jail, but instead gets mental help.
“You put this man in prison, and he’s going to get harder. This man needs mental help. In a way I feel sorry for him,” Duren said.
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