Sunday, January 3, 2010

Police warn against vigilantism in wake of bow and arrow incident

The mother of a man shot with a bow and arrow by an apparent vigilante is angry at some of the public response to the Dec. 13 incident, deriding online story comments as "hero worship."

Jacquelyne Crayne of Longview said in an interview this week the man who allegedly shot her son in the left buttock "took matters into his own hands that belonged to the police."

According to a Kelso police report, Scott Schwingdorf saw Galen Crayne prowling around a neighbor's property in North Kelso, a house that was vacant due to a recent fire. Schwingdorf yelled, and Crayne ran. Schwingdorf chased him to Cliff's Hilltop Market and shot him in the buttock with a broadhead arrow, according to police

The incident sparked a volley of anonymous online praise for the alleged shooter, including "he should be given a medal" and predictions that the crime rate would plummet if "more burglars were met with this kind of action."

The incident — and the reaction to it — are prompting police to remind the public that vigilante justice can have dangerous consequences.

A citizen who takes the law into his or her own hands puts people in danger, police say. A gun could go off accidentally, shooting the citizen, a loved one, an innocent bystander or a responding police officer. A suspect, cornered, could strike back.

"Many years ago, an employee at Keil's on Ocean Beach Highway (where Safeway is today) tried to stop a shoplifter and his face was slashed," recalled Detective Sgt. Mike Hallowell of the Longview Police. "He came extremely close to his jugular being cut."

He said most civilians don't have police or self-defense training, and if they're armed they could have weapons "taken from you and turned on you."

Law enforcement's advice is that "you find a safe place and call 911, and wait for us to take action," he said. "Wait for us to take the danger."

Vigilantes risk felony charges of their own, though the law does allow citizens some room to defend themselves and their property. Washington law RCW 9A.16.020 allows use of force in these instances:

• When used to arrest someone who has committed a felony and deliver the suspect to a public officer.

• When used by a party about to be injured or about to suffer "malicious interference " to his own property. The force must be "not more than is necessary."

• When force is "reasonably" used by the owner of property to detain someone who unlawfully enters his property.

If a prosecutor determines a citizen has exceeded the boundaries of the law, charges may be filed. Some people have gone to prison for taking the law into their own hands.

However, a Toledo homeowner who shot and killed a nighttime intruder in his home Oct. 27 seems unlikely to face charges in Lewis County. Although the case remains open, Lewis County Sheriff's Patrol Commander Steve Aust said Tuesday that, unless new evidence arises unexpectedly, it looks like the shooter legitimately acted in self defense.

In the Dec. 13 Kelso case, a police report has been sent to the Cowlitz County Prosecutor's Office. Both Crayne and Schwingdorf could face charges — Crayne for burglary or criminal trespass, Schwingdorf for assault.

Charging decisions probably will be made in early January, said Chief Criminal Deputy Michelle Shaffer. Until a charging decision is made, the prosecutor's office will not comment.

Crayne's mother doesn't shield her son from blame, but she's angry at Schwingdorf for shooting him.

"The man had 3 1/2 blocks to think about what he was doing, and he didn't think," Jacquelyne Crayne said. She said there's no excuse for burglary, but "this takes it to a whole different level. Somebody's got to try to get through to people. Think this through before somebody's killed for stuff that doesn't even belong to you." 

"He wasn't protecting himself. He wasn't protecting his own property," she said. "It was somebody else's property he had deemed himself in control of."

She said Monday the arrow still is deeply embedded in her son's pelvis. A decision is pending whether he will undergo extensive surgery to remove it. Her son broke off the shaft the night of the shooting, according to police.

Schwingdorf has not responded to Daily News requests for interviews as recently as Tuesday.

Some previous local attempts at vigilantism have had fatal and near-fatal consequences and worked out badly for the vigilantes.

Earlier this year, for example, Ringo Joe Hubbard, Jennifer Lowe, Edward Pelton and Delayna Stanley were sentenced to prison for their roles in the near-fatal shooting of Emanuel "Wes" Wesley. They meted out vigilante justice after Longview police found no evidence to support Lowe's contention that Wesley deliberately broke a window. The glass caused minor cuts to her son's face.

In 2002, Phillip Butters-Perry, Dale Ziolkowski, Michael Chilson and Sandy Fehr went to prison for their roles in the near-fatal beating Scott Vanskike of Longview. They were punishing him for the theft of two leather coats.

Even though Oliver Hooker was acquitted, he suffered as much as if he were guilty. In 2002, Hooker, of Centralia, shot and killed a suspected burglar, David Cline of Longview. Hooker, who had been burglarized 10 times before the shooting, was charged with first-degree manslaughter. Although a Lewis County jury found him not guilty, Hooker said the ordeal left him bitter and broken.

The psychological burden of using deadly force is something average citizens have no concept of, said Hallowell of the Longview Police.

"You've taken a life or you've injured somebody and you're trying to live afterward," he said. "There are psychological aftereffects."

Even police officers, who have mandatory counseling after they take a life or discharge a weapon, have trouble with the burden of regret, he said. "There's a significant increase in those that leave law enforcement."

Mom is right.  The guy with the bow had no right to injure a fleeing criminal (especially after 3 1/2 blocks)  there was no threat to him or anyone else at that time, and you don't try to kill someone for "messing with my stuff".  And it wasn't even the bowmans property being burgled.  Even if he is not charged (he should be) the civil liability in this case is going to make him live in a world of hurt.

1 comment:

  1. A bow? Really? I'm all for protecting our property, and I even think we should watch out for our neighbors, but WOW!! A bow? 3 1/2 blocks with a bow and arrow is insane.
    I agree with the writer here, Mom does have a right to be angry. The burglar deserves jail, maybe even a good smackin, but not to be shot in the butt with an arrow. Just Wow!!

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