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Enquirer News Update   -   Updated 6:40 p.m.

Report: Fatal shot fired by police through side window



The Cincinnati Enquirer

        OWENSBORO, Ky. - An internal police report released Thursday said an officer acted inappropriately in the fatal shooting of a black motorist last fall.

        The report was submitted to a Davies County grand jury, which on April 4 refused to indict Officer Lorhn Frazier for shooting car theft suspect Tyrone Clayton Jr.

        Frazier shot Clayton Nov. 16 as Clayton was attempting to flee in a stolen vehicle. Mr. Clayton originally had been stopped for suspicion of reckless driving, had run away and jumped into an idling vehicle just before his encounter with Officer Frazier.

        Coroner Bob Howe, who criticized Frazier, released the report to the Owensboro Messenger-Inquirer.

        Officer Frazier fired two shots at Mr. Clayton; the second shot was the fatal one.

        Just before the shooting, Clayton had struck Frazier in the leg with the car. Clayton was driving toward Frazier in a car he had found idling during the foot chase.

        The officer fired the first shot through the windshield, the report said, striking the suspect in the arm.

        Frazier was on the driver's side of the car when he fired the second shot, the report said. He shot through the drivers side window, striking Clayton in the chest.

        Civil Rights organizations had protested the shooting as unnecessary.

        Investigators ruled that Frazier acted appropriately by firing the first shot, because he was in the path of the car and his life was in danger.

        Owensboro Police Capt. Steve Kimble said in his report that Frazier was no longer in danger of being run over when he fired the fatal shot. Kimble would not comment on the report Thursday.

        In the report, Frazier said less than one second separated the shots and that he fired at Clayton in self-defense.

        "And without a doubt in my mind, if I didn't shoot that day and shoot these two shots, I would be either in the hospital or dead right now. I didn't shoot to stop him from getting away,'' Frazier said in the report.

        The report was part of nearly 600 pages in the investigation turned over the grand jury.

        Frazier returned to work Monday in the evidence collection unit.

        Owensboro Police Chief Allen Dixon refused last week to release the report on the internal investigation, saying the department was still investigating Frazier for potential departmental violations.

        Howe, the coroner, said he released the report because the coroner's investigation was complete.

        Kenny Riley, president of the local chapter of the National Association for the Advancement of Colored People, called for disciplinary action against Frazier and Dixon.

        "I think the leaders of this city need to take a serious look at what has happened and take serious measures to bridge the gap that now exists between the community and the police department,'' Riley said.

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