Board rules against officer in shooting

Keith Paul

Wednesday, Aug. 23, 2000 | 11:10 a.m.

Metro Police's use-of-force board ruled an officer violated department policy when he fired at a car fleeing Alexander Villas Park in May, hitting and slightly wounding a passenger.

"It's against our policy to shoot at a fleeing vehicle and that's because the threat of danger has passed," Under Sheriff Richard Winget said. "It can be a fine line between shooting when someone is driving at (an officer) and firing when he is passed, but it is a distinction that must be made."

Sheriff Jerry Keller signed off Monday on the board's decision and recommendation for punishment for Officer Darren Hecker's actions on May 7 when he fired several shots at the car.

The seven-member board -- composed of four citizens and three officers -- decided last week Hecker violated the use-of-force policy.

Hecker, a three-year Metro officer, will be reprimanded and go through some retraining, Winget said.

Hecker, 29, was one of several officers called to Alexander Villas Park about 7 p.m. on May 7 after a report of a fight. One caller reported a gun was involved in the altercation and another caller reported that shots were fired, police said.

Hecker was on foot in the west side of the park on Lincoln Road when he saw a driver of a car causing the rear tires to spin creating a cloud of smoke. When Hecker motioned for the driver to come over to him, the driver, 29-year-old Jamal Wheatley, apparently drove the car at the officer, police said.

Hecker apparently was able to get out of the way when the car came at him. The driver fled. Hecker fired several shots, and a 23-year-old passenger was struck. The passenger was treated for a minor gunshot wound in the leg and released from University Medical Center, police said.

"The circumstances were reviewed, and the board's opinion was the actions of the officer were not warranted," said Sgt. Christopher Darcy, a department spokesman.

According to Metro's department manual, officers are authorized to use deadly force to "protect themselves and others from what is reasonably believed to be an immediate threat of death or serious bodily harm."

But the policy also states that officers are not authorized to fire "at a moving vehicle, unless it is absolutely necessary to do so to protect against imminent threat to life" of the officer or others.

Also officers have to "attempt to move out of the path of an oncoming vehicle, if possible, rather than discharge their firearm," according to the policy.

The board's ruling on Hecker's actions was the second time this year it determined an officer violated policy when firing a weapon.

In June, the board ruled Officer Nathan Chio was not within policy when he fired two shots into a pile of clothing in the back seat car during a traffic stop on April 19.

Chio and another officer pulled over the car because a computer check determined the registered owner was wanted for a probation violation. The driver was ordered out of the car, but the officers believed there was another person in the car, police said.

Chio yelled several orders for anyone in the car to get out. No one did. He entered the car and saw a large pile of clothing on the back seat. Chio dislodged some clothing. He fired two shots after some of the clothing fell from the seat, police said.

No one was in the car and there were no injuries. The driver had bought the car from the person who was wanted on the warrant.

Chio's discipline also included some retraining.