Mail Tribune News - OSP faults self in fatal standoff

Mail Tribune (Medford, OR — Wayback)

2001-06-27

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OSP faults self in fatal standoff But review says Cole Smith didn�t die because of mistakes by state police By Jessica Smith An internal review has found that Oregon State Police troopers breached their policies in a December standoff that led to the death of an unarmed man. Cole Smith, 25, of Philomath, died in a hail of bullets Dec. 28 after provoking a 90-minute standoff in the parking lot outside the Oregon State Police headquarters in Central Point. The OSP administrative review does not contradict a grand jury�s ruling that officers were justified in the shooting. But it does point out that the on-scene commander � station commander Lt. Terry Simons � was too closely involved in the incident. The report highlights his failure to plan and communicate properly as events unfolded. "But we don�t believe that those areas identified were reasons why Mr. Smith died," said Lt. Gregg Hastings, an OSP spokesman in Salem. "Mr. Smith had 90 minutes where officers were offering assistance and trying to resolve the situation safely," Hastings added. "We had hoped Mr. Smith would accept that help. He didn�t." According to police reports, officers and hostage negotiators tried to coax Smith out of his pickup, where he had barricaded himself after telling an OSP dispatcher he was going to kill someone. Smith, who had a history of mental illness, held police � OSP troopers, and later sheriff�s deputies and officers from Central Point and Medford � at bay by telling them he had a handgun and was prepared to shoot. Smith finally left his truck after officers threw a "flash-bang" concussion grenade into the bed of his pickup. Police opened fire as Smith ran at them with a black object in his hand. Officers learned later that Smith was unarmed. He�d been carrying a black razor case. Although Medford police fired the shots that killed Smith � three city officers fired bullets, while two other officers fired nonlethal beanbags � city authorities decided against filing a formal administrative report, because of the possibility of a civil suit. Medford police have, however, participated in drafting a multiagency plan to guide how police departments cooperate in similar incidents in the future. OSP spokesman Hastings would not discuss whether the review led to disciplinary action against any OSP employees, except to say that officials have talked with the troopers whose actions were questioned. "Any personnel action that may have arisen is something we won�t discuss," Hastings said. One of the key issues outlined in the report is Lt. Simons� handling of the case. The report indicates Simons became too closely involved in the incident to effectively manage it. Simons could not be reached for comment Friday. In the OSP report, which took two months to complete, investigators found that the majority of the policy breaches stemmed from Simons� inability to communicate with other officers. Specifically, investigators learned that some officers were unaware that Simons planned to use the "flash-bang" and many were never fully briefed on the situation. Hastings said the report does not find fault with any OSP policies, but with how those policies were followed. He did say, however, that the review points out the need for further training in some areas, especially communication. "We feel there are some things we have learned from this," he said. "This is something that everyone hopes won�t happen again ... but if it does, we�ll be better prepared."   Obituaries | Sports | Business | Classifieds |  Tempo | Prime Times | So Oregon Sites | Outdoor Journal | Subscribe | Contact | Movies | Advertise | Real Estate Showcase | Archive  | Editorials | Letters to the editor | Religion | Wake-up Call | NIE | Cyber Chef | Job Network | So Oregon Weather | WSJ Northwest | Forums | AP Wire | AP Money | F.A.Q. | Awards Ottaway Newspapers, Inc. The Community Newspaper Subsidiary of Dow Jones & Co, Inc Copyright �The Mail Tribune 2000, Medford, Oregon USA