After a four-month administrative review, the Cincinnati Police Division's internal investigations unit said Officer Douglas Depodesta's actions were justified in the shooting of Lorenzo Collins. But the officer is off the streets pending a psychiatric evaluation of whether he's fit to return to active duty.
A University of Cincinnati administrative review also upheld the shooting and took no disciplinary action against campus Officer John Engel.
The officers fired at Mr. Collins, 25, a mental patient who was wearing pajamas and brandishing a brick, minutes after he escaped Feb. 23 from a mental ward at University Hospital. The officers hit him with three shots, and he died five days later.
In the wake of the shooting, each police department is examining training programs and evaluating the way officers deal with mental patients. Cincinnati police also are taking disciplinary action against other officers involved in the Collins case.
The tragedy began, City Manager John Shirey said, with Mr. Collins' encounters with law enforcement: 34 arrests and 15 convictions on charges ranging from cocaine use to threats of violence.
"His history points to a troubled person who should not have been left alone," Mr. Shirey said, blaming poor hospital security and deinstitutionalization of mental patients, in part, for contributing to the problem.
He also blamed police for not having a supervisor on the scene the day Mr. Collins was shot. The most senior officer there had two years and 10 months of experience.
As a result of the review, Mr. Shirey said:
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A full-time civilian training director will be hired to lead the police academy instead of a director on the force.
- Fifteen police officers will be promoted to sergeants, which will increase the likelihood senior officers will be available on the streets.
- People who use mental health services will be included in police training.
University police also are making improvements, including:
- Making non-lethal weapons available to officers. The department is ordering electronic stun guns for every police car.
- Resolving communication difficulties, such as making a direct link between dispatch centers.
- Working with mental-health professionals to strengthen training.
Urban Waldbillig, chairman of the Consumer Network, a mental health advocacy group, said the recommendations are a step in the right direction.
"I'm happy this is coming to an end and the open dialogue can begin," he said. "Before
now, people have been afraid to say anything."
Others said the reviews make little difference.
Fraternal Order of Police President Pete Ridder said the union would fight for Officer Depodesta to be back on the streets.
But groups including the Baptist Ministers' Conference, which has called the Collins shooting a blatant act of brutality, claim the punishments are not enough.
Larry Frazier, 46, of Walnut Hills, part of the Black MARCHERS group protesting Mr. Collins' death, said he was discouraged. "They stripped (Officer Depodesta) of his powers, but he's still getting his pay," Mr. Frazier said.
William Kirkland, 40, of Evanston, who represents the African-American Culture Commission, wanted Officer Depodesta fired. Mr. Kirkland carried a sign at City Hall that said: "Back the Blue No Matter What They Do - Depodesta Has Killed Two - Perhaps Next He Will Kill You."
(Officer Depodesta has been involved in two other cases involving questions about use of force. He was present during the restraint-asphyxiation death in custody of Darryll Price in 1996, though he was not the primary officer involved.)
"You have some people in the street ready to take things into their own hands, and they won't necessarily be wrong," Mr. Kirkland yelled at council members after the review was released. "You all better do something."
In addition to placing Officer Depodesta on desk duty, Cincinnati police will:
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Counsel the eight officers, including Officer Depodesta, who failed to carry their police batons the day of the shooting, which might have been an alternative to deadly force. Police will be ordered to carry their nightsticks each time they leave their cars.
- Hold a disciplinary hearing for Officer John Vaughn for leaving the shooting scene and failing to notify a supervisor that he was there.
- Hold a disciplinary hearing for Officer Jeffrey Battison, who allegedly yelled, "Shoot him! Shoot him!" at a UC officer about one minute and 20 seconds before other officers fired their guns.
- Reprimand homicide Spc. Charles Beaver and Officer Robert Heinlein for asking what Mr. Shirey called "inappropriate and unprofessional" questions of key witnesses in the investigation.
Previous stories
COLLINS CASE IS BEING DISTORTED An Editorial, June 8, 1997
POLICE SUPPORT OFFICERS IN SHOOTINGS June 5, 1997
POLICE UNION, PROTESTERS PLAN DEMONSTRATIONS June 3, 1997
ENOUGH GUILT TO SHARE Laura Pulfer column, June 3, 1997
SHOOT FIRST, ASK QUESTIONS LATER Peter Bronson column, June 1, 1997
COLLINS PROTESTS CONTINUE May 31, 1997
RADIO LINKS ERRATIC IN COLLINS CHASE May 30, 1997
POLICY ON POLICE HOLDS UNCLEAR May 30, 1997
POLICE SUMMARY OF ITS INVESTIGATION May 29, 1997
DIAGRAM OF THE SHOOTING SCENE May 29, 1997
NO CRIME FOUND IN COLLINS SHOOTING May 29, 1997
NINE MINUTES OF CONFUSION: THE SHOOTING OF LORENZO COLLINS May 27, 1997
DIAGRAM RECONSTRUCTING THE EVENTS May 27, 1997
TRAINING, POLICIES AND POLICE ACTION May 27, 1997
WHY DID THE COPS KILL LORENZO? Peter Bronson column, May 25, 1997
BORGMAN CARTOON May 25, 1997
PUSH FOR POLICE REVIEW FEARED May 9, 1997
FBI TO REVIEW COLLINS CASE May 8, 1997
MARCHERS VOW SEASON OF DISRUPTIONS May 5, 1997
PROSECUTORS GET REPORT ON FATAL SHOOTING April 29, 1997
SHOOTING PROTESTERS ALLEGE POLICE BRUTALITY April 17, 1997
DEMONSTRATORS CITE SHOOTING OF MENTAL PATIENT March 24, 1997
BAPTIST MINISTERS PROTEST AGAINST POLICE March 20, 1997
LAWSUIT SEEKS $5 MILLION March 13, 1997
PUNISH POLICE, MARCHERS URGE March 5, 1997
FATAL SHOOTING CONCERNS COMMUNITY March 2, 1997
PROBE: POLICE FIRED FOUR SHOTS AT MAN WITH BRICK Feb. 25, 1997
MAN SHOT BY POLICE AFTER CHASE Feb. 24, 1997
