Monday, Sept. 22, 2003 | 9:32 a.m.
Police were justified in killing a former Metro Police officer who had kidnapped a Henderson doctor in an attempt to obtain prescription narcotics, a coroner's inquest determined on Friday.
Jurors ruled that Metro Police were protecting Dr. Sheldon Mike, themselves and the public when they fired four shots at Mike Freeman, a former Metro officer on Aug. 11. They said Freeman pointed a gun at Mike while the pair sat in a car near a drive-through window at the Walgreens pharmacy at Eastern and Serene avenues.
During the inquest on Friday, Sgt. Al Cervantes and Detective Al Garris said they opened fire on Freeman, 32, when it became clear that the doctor's life, and the lives of other officers were in danger. Both officers testified that they did not know Freeman.
The officers had been searching for Freeman on Aug. 2 after Freeman allegedly showed up at Mike's home, threatened him with a gun and forced him to call in a prescription at the same Walgreens.
Cervantes said Freeman refused to surrender when Cervantes pulled up behind Freeman's car at the drugstore's drive-through window.
He said Freeman had pointed a gun at Mike's temple and then pointed the gun in the direction of Garris, who had blocked Freeman's car from the side.
Cervantes said he "believed in his heart" that Freeman was going to shoot Garris. It was then that Cervantes made the decision to fire his weapon, he testified.
"I wasn't going to waste that second or two seconds to see if he does that," he said, choking back tears. "Because I'm going to have a dead detective on my hands."
Police said Freeman had kidnapped Mike from the parking lot in front of the St. Rose Urgent Care Medical Center at Green Valley Parkway and Interstate 215.
Freeman allegedly forced Mike, an internist who has an office in the medical complex, to call in a prescription at Walgreens. Police say Freeman then drove to the pharmacy with the doctor handcuffed in the passenger seat.
During the shootout that ensued, Cervantes and Garris each fired two rounds at Freeman, who died at the scene. Freeman shot Mike in the arm during the incident and a bullet also grazed his throat. Mike has since recovered from his injuries and testified on Friday.
Cervantes testified that he had pulled up behind Freeman's vehicle in the drive-through, while Garris and Lt. Ted Snodgrass, another detective, pulled up to the side and front of Freeman's vehicle, respectively.
Freeman had stepped out of his rented Chrysler Sebring convertible and was speaking to a Walgreens employee through the glass at the window when Cervantes made his presence known, he said.
"I said Dave, Sgt. Cervantes, Metro robbery. Let me see your hands, let me see your hands. Let's talk about this," Cervantes said.
Cervantes said Freeman briefly put his hands out to show they were empty, but then got back into the car. While Cervantes and the other officers tried to reason with Freeman, Cervantes said, the situation quickly escalated as Freeman hunkered down in the driver's seat.
"I see a gun come up to the doctor's temple," Cervantes testified. "I believed the doctor was definitely in danger at this point."
As Freeman continued to ignore the officers' orders, Cervantes said, Cervantes cocked his .40-caliber pistol and pointed it toward the car's back window.
"If Mr. Freeman does anything to endanger Dr. Mike or the officers, I was going to take a shot," he said.
Cervantes said Freeman then moved the gun away from Mike's head and in the direction of Garris. That's when Cervantes opened fire through the back window and into the headrest, he said.
"He scanned the gun at Detective Garris," Cervantes said. "I pulled the trigger."
Cervantes said he believed he had fired only one round, but later discovered he had fired two. Freeman was shot in the head and the neck and died at the scene.
Cervantes became emotional and fought back tears when answering several questions from jurors, who asked him to expound on why he shot Freeman. Cervantes said his intentions were to stop Freeman and save Mike.
"I'd given (Freeman) an opportunity to surrender and he disregarded that," he said. "I had no other choice at this point."
Garris, who also testified, corroborated Cervantes' testimony. He also said Freeman had pointed the gun at Mike's head as officers shouted commands.
"He picked up the gun -- I'll never forget it, the gun looked huge -- and placed it right up against the doctor's head," he said.
Garris said Freeman then moved the gun from Mike's head and began looking in his direction. At that point, Garris was "in the direct line of fire," he said.
Garris said he pointed at Freeman with one hand and began waiving his other hand as a symbol that he was going to retreat.
But before he could do so, he said, shots rang out. Garris saw the passenger window shatter and believed Freeman was firing at him, he said. Garris returned fire, shooting two rounds into Freeman's vehicle, he said.
"Split second, all of a sudden I hear two shots," he said. "It appeared to come out of Freeman's vehicle."
Once Freeman was shot, the officers tried to pull Mike out of the car. They then realized the doctor was both handcuffed and strapped in the seat with the seat belt. Mike's hands had been handcuffed behind him and the seat belt was wrapped around his wrists.
Cervantes said it was a technique primarily used by police officers. "Then it dawned on me that this is what police officers do with their suspects," he said.
Police said Freeman, who resigned from Metro three months ago amid allegations that he was abusing prescription drugs, had been stalking the doctor to feed his addiction to OxyContin, Lortab and Soma.
Freeman and the doctor were friends and were even roommates for a period of about 10 months, Cervantes said.
The officers had been investigating Freeman for coercion charges stemming from the incident at Mike's home in which Freeman had allegedly pointed a gun at Mike and ordered him to call in a prescription. Mike later called the pharmacy and canceled the prescription.
Days later, the officers testified, one of Mike's neighbors had called police, saying Freeman was seen driving around Mike's home in a Chrysler Sebring.
At that time, Cervantes called Freeman on his cell phone and informed him that police wanted to talk to him, he said.
"I said, there is an allegation against you. It's serious. I need you to call me back."
Freeman never returned the phone call, and Cervantes put out a departmentwide bulletin saying officers should look out for Freeman, who was believed to be armed and dangerous, Cervantes said.
Shortly afterward the officers got a tip from a Walgreens pharmacist saying Mike had called in another prescription for Freeman.
Snodgrass, who lead the operation, said he believed Cervantes and Garris did the right thing by shooting at Freeman because it appeared Freeman was going to shoot the doctor.
"He's armed, he now has a hostage," he said. "He was extremely dangerous. It's a real bad situation."
He said Cervantes and Garris had tried to convince Freeman to surrender, but the suspect refused.
"We've exhausted all other means," he said. "We do that or the victim on the other side is going to be killed."
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