Pubdate: Wed, 9 Oct 2002
Source: Register-Herald, The (OH)
Copyright: 2002 The Register-Herald
Contact:  http://www.registerherald.com/
Details: http://www.mapinc.org/media/2594
Author: Deron Newman

SHOOTING INCIDENT REPORT RELEASED

The Preble County Sheriff's Office last week released the initial incident 
report following the fatal shooting of Clayton Helriggle. Helriggle was 
shot by a Preble County officer while the unit was attempting to execute a 
search warrant.

The 23-year-old was shot and killed on Friday, Sept. 27, when law 
enforcement officers attempted to execute a search warrant at his home at 
1282 Ohio 503 South near West Alexandria. The man was shot by an officer 
serving in the Preble County Emergency Services Unit.

The incident report provides the name of the officer involved in the 
shooting and the sheriff's office's account of the incident. The facts of 
that report are being questioned and contradicted by Helriggle's family and 
those who were at the residence. A group of Helriggle's friends protested 
the shooting for more than a week, claiming it was unjustified.

The incident has become a widespread controversy fueled by various media 
reports and contradicting accounts of the incident. Meanwhile, the 
Montgomery County Sheriff's Office continues its investigation and the 
officer remains on administrative leave.

The sheriff's office report states, Sgt. Kent Moore, a Lewisburg police 
officer and a member of the Emergency Services Unit, was responsible for 
the shooting death. According to Preble County Sheriff Tom Hayes, Moore has 
been with the Lewisburg department for more than 11 years and is a firearms 
instructor with the unit.

The report also provides narrative describing the sheriff's office's 
account on the incident. The report was filed by Capt. Mike Simpson and reads:

"On 09/27/2002 at approx. 1847 hrs. deputies from the Preble County 
Sheriff's Office attempted to serve a search warrant at 1282 S.R. 503 
South. Upon arriving at the residence, deputies assigned to the emergency 
services unit initiated entry into the residence through pedestrian doors 
located on the west and east side of the residence. Shortly after entry was 
made, deputies encountered (4) subjects, one of these was encountered in a 
stairway, and was found to be in possession of a handgun. Sgt. Kent Moore 
of the Lewisburg PD, and member of the ESU, fired (1) round from his 
shotgun, striking the subject. This subject was pronounced dead at the scene.

"The deceased subject was identified as Clayton J. Helriggle, age 23 years. 
He resided at the residence.

"Detectives from this agency and Eaton Police Division had secured a search 
warrant on 09/27/2002 as a result of their investigation into the suspected 
trafficking of narcotics that is occurring at the residence. Units from our 
agency, Lewisburg PD and Eaton PD assembled at the SO for a briefing prior 
to executing the warrant. Units arrived at the scene at approx. 1847 hrs. 
Upon arrival, (2) entry teams from the Emergency Services Unit were 
deployed, one each to the front and rear doors. After making entry, units 
encountered (4) subjects and pit bull dogs. (3) subjects were taken into 
custody. (1) subject was shot by Sgt. Moore. A fifth subject was 
encountered outside near a white van upon arrival of units at the house. He 
was also taken into custody.

"Immediately after the shooting was reported, an ambulance from West 
Alexandria EMS was dispatched, as well as CareFlight air ambulance from 
Miami Valley Hospital. As part of the pre-planning, West Alexandria EMS and 
fire units had been placed on stand-by at their stations, and were 
available for immediate response. ESU team member and paramedic Ken Pierce 
was on scene and immediately began medical attention to Helriggle after the 
shooting.

"After the residence was cleared, the residence was secured with sheriff's 
tape. I met with Det. Petitt, ESU team commander. He was ordered to secure 
weapons from Sgt. Moore, Det. VanWinkle, and Dep. Caplinger. VanWinkle and 
Caplinger had fired shots at pit bull dogs upon entering the residence. 
Their weapons were turned over to me by Det. VanWinkle. I then secured them 
in my cruiser. A perimeter was established around the residence by on-scene 
units.

"Sheriff Hayes, Major Simpson, Prosecuting Attorney Rebecca Ferguson, and 
county coroner Dr. John Vosler were also summoned to the scene. After his 
arrival Sheriff Hayes contacted the Montgomery County Sheriff's Office, 
requesting investigators and evidence technicians to handle this scene as 
well as interviewing the subjects removed from the residence. The scene was 
secured and maintained until their arrival. Dep. Thornsberry was assigned 
to maintain a crime scene log."

The remainder of the narrative denotes the arrival of the Montgomery County 
Coroner's Office and Montgomery County investigators. It also states, 
officers remained at the scene overnight and followed through with the 
search warrant on the following day.

While the report states Helriggle had a handgun in his possession, those 
opposing the shooting claim he did not. In fact, they continue to state he 
had only a blue cup in his hand when he came down the stairway.

According to Hayes, the investigation leading to the acquisition of the 
search warrant was initiated by the Eaton Police Division. Once that 
investigation reached beyond the city, Preble County Sheriff's detectives 
became involved.

Hayes added, the investigation eventually led to a request for a probable 
cause search warrant prepared by the Preble County Prosecutor's Office and 
signed by Eaton Municipal Court Judge Paul Henry.

The search warrant, according to Hayes, was not a "no knock" warrant. He 
added, when officers approached the residence, they did knock on the door 
and announce themselves. He added, however, officers did not receive a 
response and eventually entered the residence through an unlocked back door.

Hayes also stated, because the investigation led them to believe "up to a 
dozen people" may have been at the house, the situation was considered a 
"high-risk" operation. Therefore, he stated, the Emergency Services Unit 
was used and took all necessary precautions, including full protective gear.

Officers were also aware of the dogs which resided at the home, Hayes 
added, increasing the "risk."

Hayes also stated, those expected to be at the residence did not have any 
prior violations involving weapons or other assault-related incidents.

Although only a small number of drug-related items were found in the home, 
the sheriff's office believes more intense drug-related activity was going 
on in the residence.

Hayes was not at the scene during the execution of the search warrant and 
the resulting shooting. He reached the scene at around 7:10 p.m.

According to Hayes, at 7:28 p.m. at his request, dispatch contacted the 
Bureau of Criminal Investigation which is located in London, Ohio. A 
representative from that office returned the call shortly after that. 
However, the nearest crime scene investigator was located in Chillicothe at 
that time and would need several hours to get there.

At approximately 8 p.m., according to Hayes, the Montgomery County 
Sheriff's Office was contacted to investigate the initial crime scene.

"I assure you, during that time, no one got into that house," Hayes said.

The Montgomery County Sheriff's Office had not completed the investigation 
as of Monday, Oct. 7. Hayes added, once the investigation is complete, that 
information will be turned over to the Preble County Prosecutor's Office 
for presentation to a grand jury.

The grand jury will hear the evidence and decide whether there is cause for 
charges to be filed and a trial.
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