offi cer down: Slowly Developing Threats: The Kyle Dinkheller Incident
his use of the patrol car for cover, but we do know that he missed with every shot but one. Training in the use of cover will enable of- fi cers in similar circumstances to more eff ec- tively defend themselves. Return to Question 7
Cop Killer Mindset
Besides his cold-bloodedness and contemp- tuous disregard for Deputy Dinkheller’s au- thority, Brannan displayed many of the other characteristics common to cop killers. He showed animal-like instincts with regard to Deputy Dinkheller’s reluctance to take action, and he readily capitalized on it. Also typical of a cop killer, Brannan gave very little or no thought to the long-term consequences of his actions. In his mind, Deputy Dinkheller sim- ply made him angry, and that was enough. Without stopping to consider that he would probably never get by with it, he impulsively turned a minor traffi c fi ne into a capital murder charge. T is kind of childish, impulsive behav- ior without regard for long-term consequences is frequently found in violent off enders, and it makes them very dangerous. Awareness of this fact should make us more cautious, but it should also inspire us to renew our commit- ment to train hard, be prepared, and keep fi ght- ing no matter what. Return to Question 8
Winning Mindset Although Deputy Dinkheller has generally been described as an offi cer who tended to use a great deal of restraint in the use of force, he fought back with commendable courage and vigor when attacked. Despite the fact that he had suff ered multiple gunshot wounds while facing a combat veteran with a supe- rior weapon, he never gave up. He fought valiantly in the face of the desperate odds against him, and managed to deliver a center mass hit on his adversary even after receiving the majority of the wounds infl icted on him. Often, this kind of courage, determination and toughness will pull an offi cer through against perilous odds. It is deeply tragic that such was not the case here, but that does not change the fact that he faced his attacker with inspiring courage and commitment. Return to Question 9
SUMMARY Display proper command presence at all times.
When physical force is necessary, apply it decisively, with maximum force, and persistently until the threat is eliminated.
Never permit a motorist to return to his vehicle.
Do not allow fear of civil liability to get in the way of your obligation to justifi ably
defend yourself and others.
A practical understanding of the legal issues related to the use of force will help avoid hesitancy when force must be applied.
Offi cers are especially prone to hesitate when facing slowly developing lethal threats. When confronting such threats, it is essential to draw a line in the sand and be ready to shoot as soon as your adversary starts to cross it.
Proper verbal commands will help to alleviate the threat of slowly developing lethal threats. Start with the command, “DON’T MOVE OR I’LL SHOOT!”
Tactically, it is safer to decrease, rather than increase, the distance from a suspect with a rifl e if you are armed with only a handgun.
Accuracy, stress shooting, and barricade shooting must be emphasized in fi rearms training.
It is important to keep in mind that violent off enders often act impulsively, with little regard for the long-term conse- quences of their actions.
Keep fi ghting, no matter what! 7 PM .
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Footnotes 1. Brannan v. Georgia, No. S01P1789, March 25, 2002, (1) paragraph 5; http://caselaw.
Findalaw.com/ga-supreme-court/1197164. html.
2. It isn’t possible to determine many of Deputy Dinkheller’s actions with certainty, because, although the incident was recorded on his dash cam, he was positioned out of camera view. The details recounted here are carefully developed assumptions made from the available evidence.
3. Tennessee v Gardner 471 U.S. 1 (1985) requires the use of a verbal command prior to employing deadly force to prevent escape, but only “wherever feasible” against an escaping suspect, and then only “where feasible.”
4. Since laws vary from jurisdiction to jurisdiction and are constantly changing and subject to interpretation by the courts, it is strongly recommended that offi cers, and especially their trainers, consult with legal counsel before making any blanket determination about any legal issue, including when and when not to use verbal commands.
5. Wallentine, Ken. (Sep. 5, 2007) How to ensure use of force is “reasonable and necessary” and avoid claims of excessive force.
PoliceOne.com,
http://www.policeone.com/legal/articles/1271618-How-to-ensure-use-of-force-is-reasonable-and-necessary-and-avoid-claims-of-excessive-force/
6. The opinions and advice given in this analysis are not legal opinion or legal advice. Readers are encouraged to seek counsel from legal professionals regarding any legal issues pertaining to the incidents recounted here and/or the author’s analyses of them.
7. This article originally appeared the May/Jun 2003 issue of The Police Marksman. The incident description and analysis have been updated with new information for the new Police Marksman.
43 The Police Marksman May-Jun 2014
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