The cops are leaning on the witness and claiming he changed his story. The eyewitness denies it.
Of course, the cop car's dashcam video was "not working".
Va. State Police Say Kris Buchele Of Culpeper Changed His Story About Officer-Involved Shooting
10:05 PM, Feb 14, 2012
http://wusa9.com/news/article/19076...ged-His-Story-About-Officer-Involved-Shooting
CULPEPER, Va. (WUSA) - State police say Kris Buchele changed his story about what he saw Thursday morning when a five-year Culpeper police officer shot and killed 54-year-old Patricia Cook. Buchele says he told state police and reporters the same thing...then and now... that the officer's arm was not stuck in Cook's window and he was never dragged.
WITNESS: OFFICER NOT DRAGGED BEFORE SHOOTING
"His left hand was on the door handle and his right hand was on his gun, they were close together, you know. " says Buchele. He says he never saw the officer arm in the window. He says he heard the officer shout, "Stop, or I'll shoot!" and that he assumed the officer meant stop moving the car. Then, suddenly, the officer fired right at Cook, shattering the driver's window. Buchele says he was stunned the officer fired... and continued firing as Cook drove up the street.
"This is a residential area, he could've hit somebody else," says Buchele.
The Culpeper town spokesperson says the officer's cruiser did have a video camera, but that it was not working. He also said the officer did not turn on his blue lights. If he had, it would've been a sign that he was detaining the person, says attorney and former Fairfax County Police officer Ted Sibert .
If the person is not being detained, she should be free to go, Sibert says.
"What is he investigating? if its just for we call a suspicious person, then he doesn't have jusification to use force to maintain the contact.
So if the person wants to roll the window up, they can. He can't be sticking his hand in the window or pulling someone out of the the car or open the door. Those all need justification," Sibert says.
Sibert says that before an officer tries to stop or detain someone, he needs reasonable suspicion that a crime has occurred or is about to occur. Trespassing is not sufficient, especially if the person is trying to get off the property. Furthermore, to charge someone with trespassing, you'd need proof the person knew she was trespassing. Was it clearly marked? Did the property owner tell the person to leave?
Sibert says if the officer did put his arm in the window, he needs to have reasonable suspicion a crime was committed or about to be committed. Virginia State Police have said nothing about why the officer was detaining Cook in the first place,or, in other words, why he was putting his hand in her window, if in fact that's what he did.
Pat Cook's husband Gary Cook says she was a retired cosmetologist. He says she told him she was just going to run errands that day. He has no idea what she was doing in the Catholic school parking lot. Cook believes the officer may have used excessive force. He is seeking legal counsel.
Husband suing the town. (some of the pro cop comments are pretty frightening)
Widower to pursue lawsuit
By: By Steven Butler and Allison Brophy Champion | Culpeper Star Exponent
Published: February 17, 2012
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http://www2.starexponent.com/news/2012/feb/17/widower-pursue-lawsuit-ar-1695343/
The husband of a 54-year-old woman shot and killed by a Culpeper police officer Feb. 9 has secured an attorney and said he will pursue a lawsuit.
“I am pursuing a suit with the Town of Culpeper,” said Gary Cook early Thursday afternoon. He deferred questions regarding the specifics of the suit to his Charlottesville-based lawyer, David Kendall, of Kendall Law Firm, who confirmed that they had not yet filed a suit against the town and would not comment on specifics of the potential suit out of respect for Patricia Cook’s memorial service Sunday.
Culpeper Mayor Chip Coleman and Culpeper Police Chief Chris Jenkins met with Cook and Kendall Wednesday night at Culpeper United Methodist Church, where Patricia Cook was active in the children's ministry. The Rev. Randy Orndorff, who will officiate Mrs. Cook's memorial service Sunday, was also there.
Coleman on Thursday acknowledged the receipt of the letter of representation from Kendall at the meeting, and said he wants everything surrounding the police shooting to remain as open as possible.
“We are a community," Coleman said Thursday, noting it was, “Very important we open up our books, so to speak, as much as we can.”
In the letter, addressed to Coleman, Kendall lists another Charlottesville attorney, Gary Webb, as co-counsel and ends by saying, “We will be sending out a formal notice, pursuant to statute, in the near future.”
Jennifer Parrish of Parrish, Houck & Snead, PLC in Fredericksburg will represent the town.
Virginia State Police, the agency heading the ongoing investigation, have said an unnamed Town of Culpeper police officer was investigating a suspicious person sitting in a school parking lot on North East Street. While attempting to retrieve her identification, “the woman suddenly closed her driver’s side window trapping the officer’s arm and started driving away dragging the officer alongside,” reads the VSP release. It continues that “the officer repeatedly commanded the woman stop the moving vehicle. She refused and shots were fired.”
On Tuesday, eyewitness Kris Buchelle told the Star-Exponent, “I am 100 percent sure that he did not have his arm in that window and he was not being drug by that vehicle.”
He continued that “when the window was about half way up, I heard him say ‘stop or I’ll shoot’ and she got the window at about three-quarters, maybe all the way up, and he shot. I couldn’t believe it, I was in shock,” he said.
Buchele said after the first shot, Cook took a left out of the parking lot and the officer fired five more times at the back of the Jeep.
“It didn’t look like he was stuck in any way. It looked like he was trying to open the door, he had his weapon out and he was sidestepping with the vehicle…any normal person could have walked alongside the vehicle,” said Buchele.