WV- Marshall Co. Man Dead After Charleston Shootout With Officer

6-19-2006 West Virginia:

A Charleston Police officer is being called a hero as he recuperates in a hospital after being shot in the face. Sargent Eric Johnson was involved in a shoot-out in Kanawha County with this man, 45-year-old Brett Hanick, originally of Moundsville.

While undercover Thursday night Johnson noticed a suspicious car parked at the Days Inn, when he approached the car Hanick - who was sitting inside started shooting. That's when Sargent Johnson returned fire - killing Hanick, who had an extensive wrap sheet. Over the past couple years the Moundsville Man had spent time in prison for armed robbery - kidnapping - sexual assault - and was a registered sex offender.

One of Hanick's latest run-ins with the law came when he was involved in a high speed chase in Ohio County after officers discovered that he was driving a stolen vehicle. This chase ended when the car Hanick was driving veered off the road and slammed into a house.... Although Hanick's extensive wrap sheet is now closed with his death, the investigation into this latest case continues. ..more.. by Jim Forbes

SC- MB officers who fatally shot man won't face charges

7-22-2006 South Carolina:

Officers who fatally shot a man on Ocean Boulevard over the summer were acting in self-defense and will not be prosecuted, the solicitor's office said on Monday.

Codyus Naville Morris, 24, was shot at about 10 p.m. on July 18 on the bustling 900 block of Ocean Boulevard near The Myrtle Beach Pavilion Amusement Park.

"A gun battle on a crowded Ocean Boulevard during the summer season in the late evening hours created a tremendous risk of loss of life, both to the parties involved and innocent bystanders," the report stated. "Officers, however, engaged in no conduct that rises to the level of criminal conduct and were fully justified, under the specific circumstances of this case, in employing lethal force."

The finding also ends a state investigation into the incident.

This effectively closes the investigation, said Bobbi Schlatterer, spokeswoman for the State Law Enforcement Division. Witnesses at the time said the area was brimming with tourists and jam-packed with traffic.

Morris was driving down Ocean Boulevard when police tried to stop him after someone told them he had a gun, the solicitor's report said. Morris drove onto the crowded sidewalk to try to get away, but crashed into a tree and stopped, the report said.

Morris raised his gun, a 9 mm semi-automatic handgun, after repeatedly being told to put it down and turned toward the officers, the report said.

They police fired hitting him several times, the report said. He died at the scene, the coroner said.

Morris' gun was loaded but was not working after it was shot by one of the officers, the report said. It did not say whether Morris fired his gun.

The report said that Morris may have tried to get away from police because he was not legally allowed to have a gun because of his criminal past.

Codyus Carter had a 2-year-old son and was planning on marrying a woman with a 5-year-old daughter, his grandmother said.

"He was a nice person," she said. "It makes me feel kind of sad, but there's nothing to be done about it."

She said she wasn't there so she could not say if she believed the report.

"Codyus isn't there to talk for himself," said Ruth Carter, Codyus Carter's grandmother. "They said it was self-defense, but there's two sides for everything, ain't that right?" ..more.. by Lisa Fleisher, The Sun News

ID- Rapist in shootout faced more prison time

9-5-2006 Idaho:

POCATELLO, Idaho (AP) -- A convicted rapist who was killed in a police shootout was facing up to seven years in prison because of probation violations.

The shootout Thursday left two probation officers and one police officer wounded. Nicholas McKenna, 21, who was No. 7 on Bannock County's 10 most wanted list, was killed in the gun battle.

Pocatello police are still investigating the shooting and have not released details of the shootout, but probation officer Jed Dayley recommended in a May 30 probation violation report that a bench warrant be issued for McKenna and that his original sentence be imposed, the Idaho State Journal reported.

Dayley, who was shot in the leg, was released from Portneuf Medical Center early Saturday or late Friday night, hospital officials said. Pocatello police officer Matthew Shutes, who was shot in the foot, was also treated at the hospital and released, as was probation and parole manager Wally Peterson, who suffered bruising on his chest after a bullet struck his bulletproof vest.

McKenna was convicted of raping a 14-year-old girl in July 2003 and was sentenced to seven years in prison. But instead of ordering him to serve the full sentence, 6th District Judge Randy Smith sent McKenna to six-month prison boot camp program and put him on seven years probation.

In his May 30 report, Dayley said McKenna had four probation violations. The first accused McKenna of having contact with Melanie Lampien, whom he had married in April. Under terms of his probation, McKenna was not allowed to have sexual contact with anyone unless they were able to give effective consent and they had been introduced to McKenna's probation officer.

In September 2005, McKenna admitted to the relationship with Lampien and was told to stop seeing her by Dayley.

"On 5/21/06, I discovered Mr. McKenna had re-established a relationship with Melanie in March 2006, which led to them getting married in April 2006. On 5/21/06, I found Mr. McKenna living with Melanie and her 13-year-old son," Dayley wrote in his report.

Being in contact with the child was also a violation of McKenna's probation, Dayley said. Because he changed homes when he moved in with Lampien and did not inform Dayley, he committed his third probation violation.

His fourth violation came as a result of the other three. Because he violated his probation, McKenna was removed from the sex offender treatment program he was in. His probation required his active participation in such a program.

Despite Dayley's recommendations, it took law enforcement officials nearly three months of searching before they found McKenna at Lampien's home on Thursday.

Lampien, 33, was arrested and charged with felony harboring a fugitive. If convicted, she faces up to five years in prison.

Meanwhile, Pocatello police Capt. Kirk Nelson said a psychologist has been brought in to talk with officers present at the shooting and said some officers may be given time off to cope with the trauma.

"We had no indication going into this that the suspect had a tendency toward violence," Nelson said. "This is a good example of something we thought was routine going postal quickly."

Lampien allegedly invited the officers into her apartment before the shootout, but it is unclear whether police or McKenna fired first.

Deputy Bannock County Coroner Kim Quick declined to answer when asked how many times McKenna had been shot.

Idaho Gov. Jim Risch visited the three injured officers at Portneuf Medical Center on Friday, thanking them for risking their lives.

"I told them that on behalf of the people of Idaho that we understand the dangers law enforcement officers face every day and we sincerely appreciate what they do," Risch said. "All three of the officers were in good spirits and they were all anxious to get back to work."

Risch presented each officer with a Governors Medallion for bravery. ..more.. by Star Tribune