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Arizona is a police state.  As I am writing this it is 11:00 pm and one of the five police helicopters is orbiting above my house illuminating a crime scene for the ground troops.  My personal favorites in the stories below are the teen threatening suicide with a butcher knife, who's family called the police for help. The police shot and killed him.  Having been a federal law enforcement officer we were always trained that the use of a gun against a knife at a distance greater than arms length was excessive use of force.  Whatever happened to talking to people as a way of defusing a tense situation?  Or is that just too much work?  I once talked a crazed husband with a gun out of a hospital who was there to kill his wife and I had no weapon.  So don't tell me it can't be done.  Then there was the boy who was Tasered to the ground and shot repeatedly and killed on his front lawn as his mother stood by and watched.  Don't believe me?  Read these stories from the local newspapers!  Rodney King is a fairytale compared to what happens in Phoenix.

Cases of police brutality that tend to get media coverage are those that involve deaths. In mid July, 2004, it was reported that the City of Phoenix had it's 15th officer-involved shooting, 10 of which were fatal. There was also a death at the end of July of someone who was Tasered by police in Mesa. Recently, the Arizona Republic conducted research regarding the use of force by police departments across the country. Their findings were that from 1996 to 2000, Phoenix police killed an average of 3.33 people per 1,000 officers, making them 2.5 times more likely to use deadly force than officers in bigger cities like L.A. or New York. Overall, Valley officers shot and killed 23 people last year, adding to the total of 154 killed between 1980 and 2000.

These are people like Mario Madrigal Jr., Dawn Rae Nelson (see Copwatch Statement), Rudy Buchanan Jr., Edward Mallet, and Ali Altug. These people were ordinary folks who faced the police for various reasons, but all were subject to the judge, jury and executioner mentality of the police officers that shot them.

 

 

Mesa police kill woman

By Dennis Welch, Tribune

 

For the second time in two weeks, Mesa police Saturday shot and killed a person who had a knife after officers’ efforts to use a stun gun failed. 

A 23-year-old woman was shot multiple times by a police sergeant in her home at the Citrus Grove Trailer Park, 1007 W. Main St., after police say she charged a group of officers. Her name is being withheld.

An area resident, Dolores Lowrance, 39, was skeptical that efforts to use a stun gun and bean bags could not stop the woman. 

"When are they going to stop shooting people," Lowrance asked, putting her arm around her teenage son. 

Neighbors had called 911 to report a woman had been walking around the trailer park harassing people with a gun. Police arrived at the trailer park about 6:30 p.m. and spotted the woman standing in the doorway of her home, said Mesa police detective Tim Gaffney. 

After the woman refused several times to come out, police attempted to subdue her using a stun gun and bean bags, Gaffney said. 

However, the non-lethal attempts failed and the woman charged the group of officers with a knife, Gaffney said. 

Neighbors said they heard the police call for the woman to "drop the knife." But she refused, Gaffney said, and a sergeant fired several times. Witnesses said they heard about five or six shots. 

The officers attempted to perform CPR on the woman, but their efforts were unsuccessful. She was taken to Scottsdale Osborn hospital where she was pronounced dead, Gaffney said. 

Police would not say how many shots were fired or where the woman was hit. 

I don't know why.  Every officer is required by law to account for every bullet fired from their weapons.

Don Riggs, 42, who lives in a trailer across from the one where the woman was killed, said he saw the woman about 15 to 20 minutes before she died and didn’t see a gun. 

Riggs, whose windows were open, said he heard the police fire the bean bags and call out to the woman to drop her weapon. 

Saturday’s shooting comes just two weeks after Mesa police gunned down a suicidal 15-year-old boy in front of his parents. Mario Madrigal Jr. died shortly after 1 a.m. Aug. 25 inside his family’s home in the 500 block of South Johnson, within a mile of Saturday’s shooting. 

The Madrigals said they called police after their son threatened to kill himself with a kitchen knife. 

In that shooting police said a stun gun was used and also failed. 

Since their son’s death, the Madrigals have been outspoken critics of the Mesa Police Department. 

"I would like to have justice and to prosecute these people who killed my son," Martha Madrigal said at her son’s public viewing on Friday. 

Although the shootings were in the same general area, the officers involved work at different stations, Gaffney said. 

But the latest shooting has some neighborhood residents worrying about the police officers who patrol their neighborhood. 

People gathered around the scene Saturday were angry with the Mesa Police Department, saying they now feared calling police for help. 

"Cops are supposed to be people’s friends," said Bill McEwen, 62, who lives in an adjacent trailer park. "So why do I have to fear going to them for help?" 

The shooting will be investigated by the police department and overseen by the Maricopa County Attorney’s Office, Gaffney said. After the shooting investigation, the city also will conduct an internal inquiry, he said.

 

 

Mesa police kill woman wielding knife

Shawn Day

The Arizona Republic

Sept. 7, 2003 12:00 AM

 

For the second time in two weeks, Mesa police shot and killed a person they said was threatening officers with a knife. 

An unidentified 23-year-old woman died Saturday evening after Mesa police shot her when she came toward them with a knife, authorities said.

Police responded to a 6:30 p.m. call of an intoxicated woman wandering around with a gun at the Citrus Grove Trailer Court, in the 1000 block of West Main Street.

The woman, standing in her trailer's doorway with a knife, refused to drop her weapon even after being shot with a Taser and a bean bag gun, Detective Tim Gaffney said.

When the woman started toward officers with the knife, a sergeant fired multiple times, Gaffney said. 

"The police came and I heard them say, 'Put down the knife,' " said Don Riggs, who lives in a trailer across from the woman. "I heard that, man, clear as a bell. A few minutes later, they unloaded on her . . . Everything happened too fast."

On Aug. 25, a 15-year-old boy was shot to death by Mesa police. Parents of the teenager and Mesa police dispute facts surrounding that case, which is still being investigated.

 

 

Family buries teen shot by police

Senta Scarborough

The Arizona Republic

Sept. 6, 2003 10:14 PM

 

More than 100 people said their goodbyes Saturday to 15-year old Mario Madrigal Jr., who was fatally shot by Mesa police nearly two weeks ago. 

Family and friends came from as far as Nevada, California and Mexico to pay their respects and support Mario Jr.'s parents, Mario Sr. and Martha, at the services that were held in Spanish and English at Bueler Mortuary in Chandler. 

Mario Jr.'s grandmother Loreto Ontiveros traveled from Mexico to see her grandson, dressed in a light-gray suit, one last time. 

Even strangers came in sweltering heat to the burial at Green Acres Memorial Park in Scottsdale. 

"I've got three kids. It broke my heart," said Carolyn Baker, 48, of Scottsdale, who brought a plant of miniature purple roses to the gravesite Saturday. "I just wanted to support the family." 

The controversial shooting of the Westwood High School junior on Aug. 25 occurred after Mario Jr.'s parents called police for help to take their son, who was threatening suicide with a knife, to an alcohol crisis center. 

Click here to listen to an excerpt from the 911 call.  WARNING! This recording is very graphic.

You call the police for help and they arrive and kill your son.  Now that's service and protection!

Parents and police dispute whether Mario Jr. came at police with a knife before three Mesa officers opened fire. 

The parents have asked for an independent investigation. The Maricopa County Attorney Office's is overseeing the Mesa police investigation, and the FBI is conducting its own probe into possible civil rights violations by the officers. 

Photos of Mario Jr. were displayed at the funeral home, and flower arrangements had messages saying "always thinking of you" and "a beautiful person you were." 

Several Westwood High School classmates, such as Sylvia Rojas, 16, wore white and carried white roses to his burial. 

"We want justice. He was too young. He would have graduated with us," Rojas said. "I don't think it is fair." 

Some of Mario Jr.'s friends from Powell Junior High School, including Kayleigh Santa Cruz, 16, also paid their respects. 

"I will remember the last time I saw him," Cruz said. "He was happy." 

At the gravesite, mourners sang songs in Spanish and shared a moment of silence. 

Mario Sr. said in Spanish to those who gathered around his son's grave that he hoped no other family would have to suffer from something like this again, said Rosa Valdez, 35. 

Valdez, who worked with the Madrigals as mail carriers for the U.S. Postal Service, said she traveled with her family from Avondale for the funeral. 

"It is a great loss for them. They only have two sons, and one was taken away," Valdez said. "He was a good kid. I'm sure this could have been handled differently by police." 

She said at gatherings she would notice Mario Jr. always happily watching his family from a distance. 

"That's how I will remember him, always standing behind his parents, enjoying their company," Valdez said.

 

 

Officers in shooting back on job

Incident fatal to Mesa teen; puzzles remain

Senta Scarborough and Carol Sowers

The Arizona Republic

Sept. 3, 2003 12:00 AM

 

A sergeant and two officers who fatally shot a 15-year-old Mesa teenager last week have returned to work.

Sgt. Orlando Dean and Officers Richard Henry and Mark Beckett, who were placed on routine three-day paid administrative leave immediately after the Aug. 25 shooting, were back on duty on Tuesday, Sgt. Mike Goulet said. 

"They are back within the patrol bureau," Goulet said. "We are not going to indicate what part of town or indicate what their exact assignments are."

Mario Albert Madrigal Jr. was killed after his parents called police for help with the teenager, who had grabbed a kitchen knife and was threatening suicide. Police and family members dispute whether the teenager was threatening officers at the time of the shooting.

According to Mesa policy, officers involved in shootings must complete an assessment by a licensed psychologist within 48 hours of the incident, Goulet said.

He added the status of any officer involved in a shooting is reviewed again once the criminal investigation is complete and the County Attorney's Office has made a decision. At that point, a Mesa internal affairs investigation is started, and after its completion, the officer's status is reviewed again.

Meanwhile, Maricopa County Attorney Rick Romley, who is overseeing Mesa's criminal investigation, said Tuesday that there is no evidence the teenager was hit by a stun gun before police shot and killed him last week.

Romley's comment during a news conference contradicts statements by Mario's parents, who said their son had been hit by Taser guns and had slumped to the cement when three officers opened fire. But Romley said there are no "Taser marks on the child's body."

During the news conference, he also said there are no bullet holes in the cement where the boy was lying. 

"Although this case started with the statements that the child had been stunned, we are not rushing to judgment," Romley said.

He added he is promising a thorough and objective criminal probe into the actions of the three officers who fired on the teen. 

"His (Romley's) comments regarding the parents' statements and selective disclosure of the evidence have caused the family to question how unbiased he can be in determining the reasonableness of the officers' actions," said Edward Fitzhugh, the family's attorney. 

Eager for answers, the Madrigal family hired a private pathologist to do his own autopsy, and he concluded that Mario had been hit with 10 bullets.

Romley didn't contradict the findings but said the number of shots "is an issue but doesn't mean there was any impropriety."

Dr. Phillip Keene, Maricopa County medical examiner, has conducted an autopsy but hasn't released the results.

Romley also used the press conference to ask the teen's mother, Martha, to agree to be interviewed by Mesa police. 

"She was there, why wouldn't she talk to us?" he asked. "We need to hear from her."

He suggested her silence had been engineered by the family's lawyer "to protect a civil suit" against Mesa police.

"It appears from Mr. Romley's statements that he didn't call the Mesa Police Department. They should have told him we had all agreed to a two-hour block for the interviews. Unfortunately, the family was kept waiting for 50 minutes in the lobby. It was not until we threatened to leave that they conducted the interview," Fitzhugh said.

He added that Mario Sr. was able to give his statement last Tuesday but there wasn't enough time for the mother's statement. Police asked if they could reschedule, he said. After the police hadn't called in a couple of days, Fitzhugh said he called them and they never responded.

 

 

Teen with knife shot 10 times, family attorney says

Senta Scarborough

The Arizona Republic

Sept. 1, 2003 03:50 PM

 

Police fired at least 15 times and hit a Mesa teenager at least 10 times last week, according to the family's attorney Monday.

Edward Fitzhugh, the attorney for the family of Mario Albert Madrigal Jr., said they hired a Valley pathologist, to perform a second, independent autopsy.

The results showed most of the 10 gunshot wounds were in the upper body, Fitzhugh said.

The Maricopa County Medical Examiner's office has not released the results of the initial autopsy.

Bill FitzGerald, Maricopa County Attorney's office spokesperson, said wouldn't comment on the independent pathologist's findings until the investigation is completed. 

Madrigal was killed Aug. 25 after his parents called police for help with their son who was holding a knife and threatening suicide. Police and family members dispute whether the boy was lunging towards police officers with a knife when he was killed. 

Police recovered 15 shell casings, according to a warrant list given to the family of property taken from the scene, Fitzhugh said. 

A main question in the investigation, Fitzhugh said, is why officers allowed the situation to escalate when the teenager's mother was safely talking to him and acting as a barrier between her son and police.

"In Rambo-style, these officers escalated the situation why did they pull the mother who was an ally to Mario?" asked Fitzhugh. "They arrived in a situation where a mother is talking to her son. Even in the most extreme situation she wasn't in danger. There was no reason to elevate the situation to a crisis like that."

The parents are still requesting the three officers involved in the shooting undergo blood testing, but Mesa police have refused.

The family is hiring its own experts to review the evidence from the scene once Mesa releases the results of its investigation, Fitzhugh said. 

 

 

Mesa mayor rejects Latino group's call for police reviews

Peter Ortiz

The Arizona Republic

Aug. 31, 2003 12:00 AM

 

Mesa Mayor Keno Hawker has rejected a Latino group's call for a citizen review board after a fatal police shooting of a 15-year-old boy in his home last Monday. 

The Mesa Association of Hispanic Citizens has called for a citizen oversight committee since its inception in 1987 and renewed its efforts after three police officers shot and killed Mario Albert Madrigal Jr. during a domestic call.

Madrigal's parents said the three shot their 116-pound, 5-foot-4-inch son after a Taser stun gun caused him to drop a knife. Police contend that the Tasers did not stop the boy and that he continued to approach them with the knife in a threatening manner. The Maricopa County Attorney's Office is overseeing Mesa's investigation of the shooting.

Compounding some citizens' frustration is the department' s protocol of not discussing a shooting until the investigation is complete, leaving several questions unanswered at this point. 

While rejecting the call for a review board, Hawker said that elected officials should conduct investigations or make recommendations on citizen complaints against police. 

Yet, several Valley cities, including Phoenix, Tempe, Chandler and Glendale, have some form of citizen review process. Citizen review boards are prohibited by Mesa's City Charter. In order to challenge the charter, the City Council or voters would need to present the issue as a ballot measure. 

Teresa Brice-Heames, vice president of the Mesa Association of Hispanic Citizens, said her group has met with every Mesa police chief since 1992 to discuss citizen review boards. Her group believes the city can implement one that would not conflict with the charter.

The group met last week with the city manager and police chief, who both were open to discussing ideas.

Hawker said he is open to listening to the community about specific incidents, but was concerned that a permanent citizen review board wouldn't be properly trained to review all cases of excessive or deadly force.

Brice-Heames said having a permanent, proactive board educated in police policy would actually foster greater trust between the community and police.

Brice-Heames grew concerned Wednesday when Madrigal's mother faced television cameras and held photos of the officers involved in her son's shooting. The mother warned viewers to think twice about calling police for help. 

Brice-Heames understood the mother's angry words, but was concerned about the larger impact on the community. 

The community needs to see police in situations that are not just emergencies and confrontations, she said. "We all need to see the Police Department creating long-lasting bridges . . . that are not mere tokenism."

In neighboring Tempe, Assistant Chief Jay Spradling chairs that city's citizen review board. His department implemented the board 3½ years ago.

The board is made up of 15 civilians who are chosen by the City Council. Five of the citizens, two officers and Spradling sit on panels that review individual cases involving use of force, appeals, and all officer-involved shootings. The board is advisory only, but does have total access to investigators, experts and reports. 

"As with anything they can be bad if you have lots of people with strong agendas and who are anti-police, but I think people on our panel are a very balanced group," Spradling said.

Spradling said civilian members learn police policy regarding use of force and learn how judgment is affected in various situations, including suicide threats. Part of the training involves members shooting paint pellets and following up with a discussion on whether the action was appropriate.

The board made a major recommendation for the department to revise its policy on shooting moving vehicles after one incident. The board requested stricter training that would raise the threshold for shooting at moving vehicles to lessen the danger to the officer and innocent bystanders.

"Having them educated and informed makes for a good board," Spradling said. "We haven't overturned them and have taken all the recommendations and implemented them."

But Hawker said citizen review boards can undermine a system of checks and balances designed to ensure a balanced judgment.

"I've seen several committees where people have come forward with an agenda, and no facts will get in their way," Hawker said. 

 

 

Civil rights probed in shooting death

FBI looks into possible violations

Senta Scarborough

The Arizona Republic

Aug. 29, 2003 12:00 AM

 

The investigation into the fatal shooting a 15-year-old boy by Mesa police has taken a third path.

FBI is now investigating possible civil rights violations while the Mesa police are conducting criminal and internal investigations, overseen by the Maricopa County Attorney's Office. 

But few of the thousands of civil rights complaints investigated result in prosecution.

"It doesn't mean that because we open the case we believe that any of those things are involved. That is just the type of case it is," said Susan Herskovits, a special agent with the Phoenix FBI office.

Mario Albert Madrigal Jr. was fatally shot by three Mesa officers early Monday after his parents called police for help with their son who was holding a knife and threatening suicide. His family, who witnessed the shooting, said Mario dropped the knife after officers fired a Taser gun but police said the teenager failed to respond to commands and came toward the officers in a threatening manner.

The three officers involved in the shooting - Sgt. Orlando Dean, Officers Mark Beckett and Richard Henry - have been placed on leave. 

Assistant U.S. Attorney Ron Gallegos said he is not aware of any federal prosecutions of this type of case in Arizona. 

"They are very difficult cases to prosecute because you have the issue of whether there was a threat to the law enforcement officer or to other persons in the area," Gallegos said. "I think they should be difficult to prosecute. They are law enforcement officers tasked with protecting the public and public safety."

According to FBI data, 70 percent of all civil rights investigations in the United States involve public official misconduct cases. The U.S. Department of Justice receives more than 10,000 such complaints per year. Of those, fewer than 1 percent warrant prosecution, Herskovits said.

Gallegos said typically the FBI is provided information that if proven true would be a violation of civil rights statue. That information can come from several sources, including a victim, a law enforcement agency, and a federal agency like the U.S. Attorney's Office, a congressional inquiry or news accounts.

It is unclear who made the request in the Madrigal investigation.

"There doesn't have to be any probable cause for them to investigate and police shootings are frequently done as a matter of routine," Gallegos said.

An agent has been assigned to the preliminary investigation, Herskovits said Thursday. The agent will conduct interviews and obtain police reports during the probe. 

Once completed, the information is submitted to the U.S. Attorney's Office, district of Arizona, and the U.S. Department of Justice's civil division for review. Either agency can prosecute the officers under "color of law" statutes.

The types of public officials that fall under those statutes include law enforcement, correction officers and public health care providers. Those civil rights violations can include excessive use of force or threats, abuse of authority or police misconduct. 

If a person were prosecuted, he or she would face federal criminal charges. 

If two or more officers are involved in act that injure, oppress, or intimidate a person, they can face conspiracy charges as well as individual ones for the crimes under the federal law, Gallegos said.

In a case where a victim suffered bodily injuries or the use or threat of a weapon or explosive, the defendant could face up to 10 years in prison or up to a $250,000 fine.

In other developments, Mesa's mayor and City Council released a statement saying they are "united in their resolve to support the complete, thorough, and impartial investigation."

"We are saddened by the death of Mario Madrigal Jr. While the death of any member of our community is deeply felt, any loss of a child is felt by all," according to the press release. "Our condolences go out to the Madrigal family, and all those touched by this incident." 

 

 

Hispanics, city discuss shooting

Family says race played role

Peter Ortiz

The Arizona Republic

Aug. 28, 2003 12:00 AM

 

Mario Albert Madrigal Jr.'s family lashed out at Mesa police Wednesday following a private meeting between a grass-roots Hispanic group and police and city officials.

The Mesa Association of Hispanic Citizens praised the city and police for being receptive to their concerns on the shooting. But the parents of the 15-year-old boy held photos of the three officers in front of television cameras and accused them of unjustifiably slaying their son.

"My son never approached you because I was between you and my son," Martha Madrigal said while holding up a photo of one of the officers. "Please stop lying."

The group's vice president, Teresa Brice-Heames, said her group plans on meeting with city officials to discuss overcoming obstacles to establish a citizen review committee.

Councilman Mike Whalen and City Manager Mike Hutchinson said that the city charter prohibits civilian review boards but that they would be receptive to the group's concerns. Police Chief Dennis Donna also was present at the meeting.

Brice-Heames said her organization was not classifying the shooting as racially motivated and was pleased that police called an outside forensic expert to investigate. The Rev. Henry Castillo Jr., of the Centro Palabra De Gracia Church, attended the meeting and echoed Brice-Heames' confidence that police were seriously investigating. But Castillo fears a potential rift with the Hispanic community.

"I think my main concern is how do we reconcile the police force and the community," Castillo said.

The Madrigal family said they believe race played a factor in the shooting and they warned that the police could not be trusted. As Martha continued to grieve, Brice-Heames acknowledged the challenges ahead.

"We need to recognize that the Mesa Police Department has work they need to do to mend some fences in the community," she said.

 

 

Police killing of Mesa teen probed

Senta Scarborough and Carol Sowers

The Arizona Republic

Aug. 28, 2003 12:00 AM

 

If an investigation proves that Mesa police shot a 15-year-old knife-wielding teen "execution style," the responsible officers will be prosecuted, Maricopa County Attorney Rick Romley said Wednesday.

Mario Albert Madrigal Jr. was fatally shot by three Mesa officers early Monday after his parents called police for help, saying their son was holding a knife and threatening suicide.

Family members say officers had no reason to shoot the boy because he dropped the knife after being shot with a Taser stun gun. Police said Monday that the teenager didn't respond to commands and continued to approach the officers in a threatening manner.

Romley said he has not rejected the account of the parents.

"I am troubled by parents saying he was Tased and police walked up and shot him several times," said Romley, who later in his news conference said such a shooting would be a criminal act.

Phoenix attorney Tim Casey, who represented an Apache Junction family in a strikingly similar case, said the county attorney overseeing the case and Lucien Haag, an expert consultant hired by the city, don't make for an independent investigation.

"It is good that the County Attorney's Office is involved, but they are also part of the law enforcement community," he said. "It is very difficult for the police to police themselves."

Casey represented the family of Ali Altug, an Apache Junction teenager who was shot to death by police in 2001 while threatening suicide with a knife.

Romley vowed to provide answers to the public in a month. He said the investigation will rely heavily upon forensic evidence.

Mesa police have referred all inquiries on the case to Romley's office.

Crucial questions that remain unanswered:

• How many officers were present, and why were they unable to stop the boy with Tasers? It is known that three officers fired shots, but the family says more were present.

Romley was reluctant to get into details but confirmed that one Taser shot missed the teen and that only one prong of a second Taser shot hit the teen. He said the electrical impulses didn't hit Madrigal.

• What was the trajectory of the bullets and how many times was Madrigal shot? Romley said the autopsy is complete, but he would not comment on the results. The County Medical Examiner's Office would not release the cause and manner of death.

• Romley said police were called to the Madrigal home "at least five times" within the past year, but neither he nor Mesa police would release details of those calls.

"I believe that story has been shared to paint the picture of a bad actor," Casey said. "It suggests this kid's a problem."

Casey said he questions why the officers were within 21 feet of the boy if they thought he was suicidal. Officers are trained that if they are within that distance when confronted by a person with a knife, they must react with force in order to avoid injury.

Casey said the case boils down to whether the danger was real or caused by the officers.

"Was this danger that resulted in the use of lethal force created by the officers, was it exacerbated by them or was it totally the kid?" he said. 

 

 

Police mum on shooting of suicidal teen

Angry family rallies at Capitol

Senta Scarborough

The Arizona Republic

Aug. 27, 2003 12:00 AM

 

As angry family members turned up pressure over a police shooting of a suicidal teenager, the Mesa Police Department remained quiet Tuesday, referring all inquiries to the Maricopa County Attorney's Office.

County Attorney Rick Romley is expected to comment on the case at a press conference today.

Bill FitzGerald, a spokesman for the county attorney, said Mesa police are investigating the shooting of Mario Albert Madrigal Jr., 15, who was shot to death early Monday morning by three Mesa officers.

"We're overseeing it; we're not investigating it," FitzGerald said. He said a deputy county attorney examined the shooting scene and can question investigators but is not supervising them.

Mesa police have called in Lucien Haag, a prominent Valley reconstructionist, to help with the investigation, FitzGerald said. After police complete their investigation, the case will be forwarded to the county attorney's incident review team, which will decide whether to seek charges against any of the officers.

On Tuesday, dozens of family members from California rallied around the teenager's immediate family. Many went to the state Capitol in Phoenix, carrying signs that read, in English and Spanish, "To protect and to serve, not to kill innocents."

"It's first-degree murder, the way I see it," said Madrigal's cousin Hugo, who came from Los Angeles. Another cousin, Edgar Gomez of Los Angeles, stood on the lawn with a sign that read, "Stop giving police the right to kill."

City officials defended the police department's handling of the case and said the department is following protocol by not commenting.

"(Police) are following what exactly the procedure is outlined for them by the county attorney," said Councilman Rex Griswold, chairman of Mesa's police committee. "Police are trained to not escalate force. You are also trained that when you are within 21 feet, you can shoot, and they can still put a knife in your chest. They were a lot closer than that."

Councilman Dennis Kavanaugh, representative for the district where the shooting occurred, said police silence is nothing mysterious.

"As a matter of protocol, they're going to defer to the county attorney," he said. "It may take time, but what I would hope is that the community would withhold any judgments until the process can go forward."

Family gives accounts

On Tuesday, the boy's father, mother and 10-year-old brother, who all witnessed the shooting, gave their accounts to police. The family refused to provide statements on Monday, Mario Madrigal Sr. said.

"I wanted to keep the story fresh in my head," he said. "We are devastated for what happened. I'm in shock. What we are looking for right now is justice."

Family members contend that officers did not need to shoot the boy, though he was wielding a kitchen knife. They say the 5-foot-4, 116-pound boy dropped the knife after he was shot with a Taser gun moments earlier and was not a threat to the officers. 

Police said Monday that the boy didn't respond to commands and continued to approach the officers in a threatening manner.

Madrigal said the family asked police Monday to let an independent investigator examine the scene.

"We requested them not to do any cleanup and they don't respect that," Madrigal said. "I would like Mesa police to be investigated by a higher authority."

He said the family also asked that the officers be tested for drugs but police denied the request. 

Several bullet holes were visible in the carport and inside the kitchen on Tuesday, with one hole in the outside storage door, two in the house siding next to the kitchen door, three in the kitchen door, one in the refrigerator and three or four in the kitchen island counter, which is about 10 feet from the doorway. Madrigal said none were higher than 3 feet off the floor.

City, citizens to meet

Members of the Mesa Association of Hispanic Citizens, a grass-roots community advocacy group, said they are meeting today with city officials and police to discuss the incident and their desire for additional officer training and the creation of a citizen review committee.

"I think the time is right," said Teresa Brice-Heames, vice president of the group.

 

 

Plea for help turns deadly

Parents call teen suicidal, police react to 'threat'

Senta Scarborough

The Arizona Republic

Aug. 26, 2003 12:00 AM

 

Parents' plea for help for their 15-year-old son, who was holding a kitchen knife and threatening suicide, turned deadly early Monday when Mesa police shot him in front of his family.

Westwood High School junior Mario Albert Madrigal Jr. was shot multiple times in the carport of his home near Dobson and Longmore roads in west Mesa after police said he came toward them with a knife "in a threatening manner." 

The boy's parents said their son had dropped the knife after he was shot with a Taser gun moments earlier and was not a threat to officers.

The shooting was strikingly similar to the 2001 death of Ali Altug, 16, shot by a police officer in his Apache Junction kitchen as he wielded a knife.

"I was really literally in shock when I heard. It is so close to what happened here," said Altug's mother, Sande. "How can our society allow that to happen more than once?"

Madrigal's shooting occurred about 1:30 a.m. Monday. His father said he was told by neighbors that his son had consumed six or seven beers.

The officers involved in the Mesa incident were identified as Sgt. Orlando Dean, a 10-year veteran, and Officers Richard Henry and Mark Beckett, who have four and two years on the force, respectively. All three fired their weapons. None was injured and all were placed on paid leave pending investigations, Mesa police Sgt. Mike Goulet said. 

Goulet said police were called to the home in the 500 block of South Johnson twice Monday morning.

Police and family versions differed on circumstances leading to the shooting.

Besides police officers, the parents and their 10-year-old son were witnesses.

"They really made a big mistake. I feel the Mesa police department made a criminal action to kill a 15-year old boy unnecessarily," said the father, Mario Madrigal Sr., a U.S. Postal Service worker. "We called for help and they killed him."

Madrigal said his son never threatened officers and was "under control" and started to shake after being shot with a Taser gun when officers started to fire.

"He dropped the knife after the electrical shock," he said. "While he was laying on the floor an officer got close and shot him twice."

 

Goulet said officers tried to use a Taser gun twice but it was "ineffective."

"He's got the knife and he's advancing toward the officers in a threatening manner. They are telling him to stop and he doesn't obey any of their verbal commands," Goulet said. "He's coming at them regardless of the Taser. At that point they had to discharge their weapons." 

Goulet said he did not know how many shots were fired, how far away the officers were or how many times the teen was hit. The investigation is continuing.

Madrigal's father said when he heard the police account, he grabbed a camera, climbed on a neighbor's roof and took his own pictures of the scene, including photos of his son lying dead.

Police first went to the Madrigal home about 12:30 a.m. because the family called 911 when the son and father argued after the teen came home after having "six or seven" beers at a neighbor's home.

"They told us the 15-year-old was involved in a verbal confrontation and had fled," Goulet said. "Officers talked to the family and told them if he returns and there are problems to give them a call."

At 1:13 a.m., 911 got another call from the house.

Madrigal said in a later interview, "I told him (Mario Jr.) that I was going to take him to the crisis center where he can get help to stop drinking alcohol." But, he said, "He took a kitchen knife and says he is going to kill himself and that's when we called police to get help to take him to the crisis center."

About two months ago, Madrigal said police helped take his son to a crisis center to prevent him from drinking alcohol. His son spent six weeks at the center.

"They helped us take him to the crisis center. He was doing very well," Madrigal said. "I was suspecting the same help to take him to that place."

But when police arrived Monday morning, Madrigal said he told police his son was holding a knife and would kill himself.

"My wife opens the door and she was holding my son's hands. 

"One of the police officers pushed her away from my son and one of them shot him with an electrical gun," Madrigal said.

"He was already under the effects of the electrical shock when he was on the floor and they started shooting unnecessarily."

His father said the knife was pointing toward the floor.

He said his son spent a lot of time at home, enjoyed fishing, boxing and riding go-carts in the mountains and wanted to join the Army when he graduated.

"He was a normal kid. He was always at home and he would tell us when he wanted to go," said Madrigal. He said his son didn't have a serious drinking problem but he wanted to stop it before it got worse. 

In the past two years, about 90 percent of Mesa police have had a four-hour training session on mental illness and retardation to teach officers the signs of mental disabilities and better communicate with those suffering from those conditions, Goulet said. 

The Arizona Police Officers Standards and Training Board is developing new training for police academies on the issue and creating an advanced officer training course on dealing with mental illness expected to be taught at departments statewide in nine months.

He was the second Valley civilian shot by police in 24 hours. Phoenix police shot and killed Elias Cabarera, 22, after he shot and wounded two other people at a home on North 50th Drive about 8 p.m. Sunday. 

 

 

Police killing of Mesa teen probed

Senta Scarborough and Carol Sowers

The Arizona Republic

Aug. 28, 2003 12:00 AM

 

If an investigation proves that Mesa police shot a 15-year-old knife-wielding teen "execution style," the responsible officers will be prosecuted, Maricopa County Attorney Rick Romley said Wednesday.

Mario Albert Madrigal Jr. was fatally shot by three Mesa officers early Monday after his parents called police for help, saying their son was holding a knife and threatening suicide.

Family members say officers had no reason to shoot the boy because he dropped the knife after being shot with a Taser stun gun. Police said Monday that the teenager didn't respond to commands and continued to approach the officers in a threatening manner.

Romley said he has not rejected the account of the parents.

"I am troubled by parents saying he was Tased and police walked up and shot him several times," said Romley, who later in his news conference said such a shooting would be a criminal act.

Phoenix attorney Tim Casey, who represented an Apache Junction family in a strikingly similar case, said the county attorney overseeing the case and Lucien Haag, an expert consultant hired by the city, don't make for an independent investigation.

"It is good that the County Attorney's Office is involved, but they are also part of the law enforcement community," he said. "It is very difficult for the police to police themselves."

Casey represented the family of Ali Altug, an Apache Junction teenager who was shot to death by police in 2001 while threatening suicide with a knife.

Romley vowed to provide answers to the public in a month. He said the investigation will rely heavily upon forensic evidence.

Mesa police have referred all inquiries on the case to Romley's office.

Crucial questions that remain unanswered:

• How many officers were present, and why were they unable to stop the boy with Tasers? It is known that three officers fired shots, but the family says more were present.

Romley was reluctant to get into details but confirmed that one Taser shot missed the teen and that only one prong of a second Taser shot hit the teen. He said the electrical impulses didn't hit Madrigal.

• What was the trajectory of the bullets and how many times was Madrigal shot? Romley said the autopsy is complete, but he would not comment on the results. The County Medical Examiner's Office would not release the cause and manner of death.

• Romley said police were called to the Madrigal home "at least five times" within the past year, but neither he nor Mesa police would release details of those calls.

"I believe that story has been shared to paint the picture of a bad actor," Casey said. "It suggests this kid's a problem."

Casey said he questions why the officers were within 21 feet of the boy if they thought he was suicidal. Officers are trained that if they are within that distance when confronted by a person with a knife, they must react with force in order to avoid injury.

Casey said the case boils down to whether the danger was real or caused by the officers.

"Was this danger that resulted in the use of lethal force created by the officers, was it exacerbated by them or was it totally the kid?" he said. 

 

 

Police mum on shooting of suicidal teen

Angry family rallies at Capitol

Senta Scarborough

The Arizona Republic

Aug. 27, 2003 12:00 AM

 

As angry family members turned up pressure over a police shooting of a suicidal teenager, the Mesa Police Department remained quiet Tuesday, referring all inquiries to the Maricopa County Attorney's Office.

County Attorney Rick Romley is expected to comment on the case at a press conference today.

Bill FitzGerald, a spokesman for the county attorney, said Mesa police are investigating the shooting of Mario Albert Madrigal Jr., 15, who was shot to death early Monday morning by three Mesa officers.

"We're overseeing it; we're not investigating it," FitzGerald said. He said a deputy county attorney examined the shooting scene and can question investigators but is not supervising them.

Mesa police have called in Lucien Haag, a prominent Valley reconstructionist, to help with the investigation, FitzGerald said. After police complete their investigation, the case will be forwarded to the county attorney's incident review team, which will decide whether to seek charges against any of the officers.

On Tuesday, dozens of family members from California rallied around the teenager's immediate family. Many went to the state Capitol in Phoenix, carrying signs that read, in English and Spanish, "To protect and to serve, not to kill innocents."

"It's first-degree murder, the way I see it," said Madrigal's cousin Hugo, who came from Los Angeles. Another cousin, Edgar Gomez of Los Angeles, stood on the lawn with a sign that read, "Stop giving police the right to kill."

City officials defended the police department's handling of the case and said the department is following protocol by not commenting.

"(Police) are following what exactly the procedure is outlined for them by the county attorney," said Councilman Rex Griswold, chairman of Mesa's police committee. "Police are trained to not escalate force. You are also trained that when you are within 21 feet, you can shoot, and they can still put a knife in your chest. They were a lot closer than that."

Councilman Dennis Kavanaugh, representative for the district where the shooting occurred, said police silence is nothing mysterious.

"As a matter of protocol, they're going to defer to the county attorney," he said. "It may take time, but what I would hope is that the community would withhold any judgments until the process can go forward."

Family gives accounts

On Tuesday, the boy's father, mother and 10-year-old brother, who all witnessed the shooting, gave their accounts to police. The family refused to provide statements on Monday, Mario Madrigal Sr. said.

"I wanted to keep the story fresh in my head," he said. "We are devastated for what happened. I'm in shock. What we are looking for right now is justice."

Family members contend that officers did not need to shoot the boy, though he was wielding a kitchen knife. They say the 5-foot-4, 116-pound boy dropped the knife after he was shot with a Taser gun moments earlier and was not a threat to the officers. 

Police said Monday that the boy didn't respond to commands and continued to approach the officers in a threatening manner.

Madrigal said the family asked police Monday to let an independent investigator examine the scene.

"We requested them not to do any cleanup and they don't respect that," Madrigal said. "I would like Mesa police to be investigated by a higher authority."

He said the family also asked that the officers be tested for drugs but police denied the request. 

Several bullet holes were visible in the carport and inside the kitchen on Tuesday, with one hole in the outside storage door, two in the house siding next to the kitchen door, three in the kitchen door, one in the refrigerator and three or four in the kitchen island counter, which is about 10 feet from the doorway. Madrigal said none were higher than 3 feet off the floor.

City, citizens to meet

Members of the Mesa Association of Hispanic Citizens, a grass-roots community advocacy group, said they are meeting today with city officials and police to discuss the incident and their desire for additional officer training and the creation of a citizen review committee.

"I think the time is right," said Teresa Brice-Heames, vice president of the group.

 

 

Plea for help turns deadly

Senta Scarborough

The Arizona Republic

Aug. 26, 2003 12:00 AM

 

Parents' plea for help for their 15-year-old son, who was holding a kitchen knife and threatening suicide, turned deadly early Monday when Mesa police shot him in front of his family.

Westwood High School junior Mario Albert Madrigal Jr. was shot multiple times in the carport of his home near Dobson and Longmore roads in west Mesa after police said he came toward them with a knife "in a threatening manner." 

The boy's parents said their son had dropped the knife after he was shot with a Taser gun moments earlier and was not a threat to officers.

The shooting was strikingly similar to the 2001 death of Ali Altug, 16, shot by a police officer in his Apache Junction kitchen as he wielded a knife.

"I was really literally in shock when I heard. It is so close to what happened here," said Altug's mother, Sande. "How can our society allow that to happen more than once?"

Madrigal's shooting occurred about 1:30 a.m. Monday. His father said he was told by neighbors that his son had consumed six or seven beers.

The officers involved in the Mesa incident were identified as Sgt. Orlando Dean, a 10-year veteran, and Officers Richard Henry and Mark Beckett, who have four and two years on the force, respectively. All three fired their weapons. None was injured and all were placed on paid leave pending investigations, Mesa police Sgt. Mike Goulet said. 

Goulet said police were called to the home in the 500 block of South Johnson twice Monday morning.

Police and family versions differed on circumstances leading to the shooting.

Besides police officers, the parents and their 10-year-old son were witnesses.

"They really made a big mistake. I feel the Mesa police department made a criminal action to kill a 15-year old boy unnecessarily," said the father, Mario Madrigal Sr., a  U.S. Postal Service worker. "We called for help and they killed him."

Madrigal said his son never threatened officers and was "under control" and started to shake after being shot with a Taser gun when officers started to fire.

"He dropped the knife after the electrical shock," he said. "While he was laying on the floor an officer got close and shot him twice."

Goulet said officers tried to use a Taser gun twice but it was "ineffective."

"He's got the knife and he's advancing toward the officers in a threatening manner. They are telling him to stop and he doesn't obey any of their verbal commands," Goulet said. "He's coming at them regardless of the Taser. At that point they had to discharge their weapons." 

Goulet said he did not know how many shots were fired, how far away the officers were or how many times the teen was hit. The investigation is continuing.

Madrigal's father said when he heard the police account, he grabbed a camera, climbed on a neighbor's roof and took his own pictures of the scene, including photos of his son lying dead.

Police first went to the Madrigal home about 12:30 a.m. because the family called 911 when the son and father argued after the teen came home after having "six or seven" beers at a neighbor's home.

"They told us the 15-year-old was involved in a verbal confrontation and had fled," Goulet said. "Officers talked to the family and told them if he returns and there are problems to give them a call."

At 1:13 a.m., 911 got another call from the house.

Madrigal said in a later interview, "I told him (Mario Jr.) that I was going to take him to the crisis center where he can get help to stop drinking alcohol." But, he said, "He took a kitchen knife and says he is going to kill himself and that's when we called police to get help to take him to the crisis center."

About two months ago, Madrigal said police helped take his son to a crisis center to prevent him from drinking alcohol. His son spent six weeks at the center.

"They helped us take him to the crisis center. He was doing very well," Madrigal said. "I was suspecting the same help to take him to that place."

But when police arrived Monday morning, Madrigal said he told police his son was holding a knife and would kill himself.

"My wife opens the door and she was holding my son's hands. 

"One of the police officers pushed her away from my son and one of them shot him with an electrical gun," Madrigal said.

"He was already under the effects of the electrical shock when he was on the floor and they started shooting unnecessarily."

His father said the knife was pointing toward the floor.

He said his son spent a lot of time at home, enjoyed fishing, boxing and riding go-carts in the mountains and wanted to join the Army when he graduated.

"He was a normal kid. He was always at home and he would tell us when he wanted to go," said Madrigal. He said his son didn't have a serious drinking problem but he wanted to stop it before it got worse. 

In the past two years, about 90 percent of Mesa police have had a four-hour training session on mental illness and retardation to teach officers the signs of mental disabilities and better communicate with those suffering from those conditions, Goulet said. 

The Arizona Police Officers Standards and Training Board is developing new training for police academies on the issue and creating an advanced officer training course on dealing with mental illness expected to be taught at departments statewide in nine months.

He was the second Valley civilian shot by police in 24 hours. Phoenix police shot and killed Elias Cabarera, 22, after he shot and wounded two other people at a home on North 50th Drive about 8 p.m. Sunday.

 

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