Friday, September 03, 1999
Officers' taped statements about shooting released
BY PHILLIP PINA
The Cincinnati Enquirer
McCurley
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Miller
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The two Cincinnati police officers who shot Michael Carpenter to death in March both said they feared for their lives during what had started out as a routine traffic stop.
The officers have not spoken publicly about the March 19 shooting, now the focus of investigations that include a review by the U.S. Department of Justice. But videotaped interviews of an administrative review made public Thursday describe, in the officers' own words, what happened that night.
“This thing happened so quick that I felt like whatever I did, had to be done right now,” said Officer Brent McCurley, who fired the first shots that killed Mr. Carpenter, 30, of Mount Airy.
“He was using lethal force toward me,” Officer Michael B. Miller II told the investigators. After being dragged by Mr. Carpenter's moving car, he shot at him because he felt it was “appropriate.”
In the videotaped interviews, both officers describe how they pulled over Mr. Carpenter after they thought he was acting suspiciously at a Northside convenience store about 1:20 that morning. A check of Mr. Carpenter's license plate showed the temporary tag had expired.
When Mr. Carpenter pulled over, he at first appeared cooperative. He looked for his driver's license and insurance card upon request, Officer Miller said. But Mr. Carpenter's reaction quickly changed and he became unresponsive, Office Miller said.
After being ordered out of his car, Mr. Carpenter undid his seat belt, began opening his door, and then quickly leaned back into the car and appeared to be reaching for something, Officer Miller said.
As Officer Miller struggled to pull Mr. Carpenter from the vehicle's open door, the car lurched forward, hitting a van. As it began to move back, Officer McCurley fired his gun into the car, he said.
“I felt he was trying to run me down with his car,” Officer McCurley said. He was also afraid Mr. Carpenter had just reached for a weapon when he leaned back into the car, and was concerned that his partner, Officer Miller, was in jeopardy.
When the shots began, Officer Miller took cover. When he saw Mr. Carpenter getting out of the car, he couldn't see his hands. He thought Mr. Carpenter had fired a weapon. So he fired one shot at Mr. Carpenter.
The shooting of Mr. Carpenter has stirred outrage among
Mr. Carpenter's family and raised questions among police critics. The department's own administrative review said the shooting of Mr. Carpenter was justified, but that Officers Miller and McCurley made numerous mistakes during the incident.
Officer Miller admits on the videotapes that he didn't tell Mr. Carpenter to turn off his car, let alone put the gear into park. Officer McCurley was criticized in the police review that his shots put his own partner in jeopardy. Officer Miller ran to take cover when his partner began shooting.
But in his testimony, Officer McCurley said he felt his partner was far enough away from Mr. Carpenter that he was out of danger. He estimated they were about 3 feet apart. And as the car lurched into reverse, he was afraid both he and his partner would be hit.
“This is the only option I had available,” Officer McCurley said of his decision to shoot through the back window of Mr. Carpenter's car at the suspect. He added that he was trying to protect his partner's life and his own.
The day after the shooting both officers found out Mr. Carpenter did not have a gun. An autopsy found cocaine and marijuana in Mr. Carpenter's system.
The local FBI office is reviewing the police reports and three investigations into Mr. Carpenter's death for a Justice Department review.
Officer Miller has resigned from the police force. The administrative review recommended that Officer McCurley face an internal hearing, which could result in disciplinary action, including being fired. No decision has been made public.
The Carpenter family has filed a federal civil rights lawsuit against the city.
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