Thread: ORE- Family of slain Irishman questions grand jury-ILLegal

Family of slain Irishman questions grand jury decision
Posted by Stuart Tomlinson, The Oregonian July 25, 2008 10:58AM
Categories: Editors' Picks, Top Stories
The sister of Andrew "A.J." Hanlon, the 20-year-old Irish national shot and killed by a Silverton Police officer late last month, said she would work to find out why confrontations between police and mentally disturbed people in Oregon and the U.S. often end in violence.

At a news conference this morning, Melanie Heise, her husband, Nathan Heise, and Hanlon's aunt, Mel Castelo talked about the decision last night by a Marion County grand jury not to indict Officer Tony Gonzalez in his death.

"I acknowledge that my brother was mentally disturbed, but what does not make sense for me is that in Oregon and elsewhere, confrontations end with the mentally ill person dead," Heise said. "In Andrew's name, I will commit myself to solving this problem."

Nathan Heise questioned why Gonzalez, "a 240-pound expert martial arts expert and ex-cage fighter, not feel that he could disable and arrest a 120-pound kid... why was the Taser not drawn instead of a service weapon when he was down on the ground?"

The attorney for the family, Steve Crew, said Hanlon did not have drugs or alcohol in his system at the time of his death. Despite an autopsy here, and one in Ireland before his cremation, Crew said it was still unknown which of five bullets that hit Hanlon caused the fatal wound.

Crew said although the Marion County District Attorney's Office has released some documents related to the shooting, they are still waiting for copies of the 9-1-1 tape as well as additional details of the investigation.

The shooting occurred after Gonzalez, 35, responded to a burglary report.

The district attorney's office gave this account of the incident:
The trouble started about 11:20 p.m. on June 30, when Hanlon, whom pal Ariel Burton described as "gentle, five-foot six-inch, skinny as a rail," knocked on the door of a blue farmhouse at the end of Digerness Boulevard, a private Silverton road with four homes.

At first, Shannon Kelley, reading in an upstairs bedroom, thought her husband, Josiah, had forgotten his key.

But when she reached the door, the knocking had become aggressive pounding.
When she turned on the porch light, she saw an unfamiliar man peering into the windows, then beating on the door again.

Frightened, she ordered him to leave, but he refused, kicking and leaping at the door. Afterward, police found skin and blood on the door's white surface. She said Hanlon yelled that he was the "angel of death" and howled at the moon.

In her call to 9-1-1, she was obviously scared, and Hanlon could be heard screaming and pounding.

Hanlon fled just ahead of Silverton police, dashing down the hill to a home at the corner of Oak and Mill streets. That's where Gonzalez spotted him in the trees.

"Upon seeing Andrew Hanlon, Tony Gonzalez did not draw his service weapon, rather he ordered him to come down and to show him his hands," a district attorney's release stated.
Hanlon did come down but dodged the officer, hiding behind cars in a dimly lit driveway.

Gonzalez heard a sound he thought was glass breaking. Investigators later determined it was Hanlon kicking or bumping a recycling bin.

Thinking Hanlon might now be armed with a broken bottle, Gonzalez drew his gun. Unable to see the young man's right side, Gonzalez ordered him to show both hands.

"Get down!" "Freeze!" "Don't move!" "Get down!" Gonzalez reportedly yelled. For a moment it appeared that Hanlon would comply; he said, "Okay," and started to reach toward the ground.
But an eyewitness, Silverton resident Jeff DeSantis, recounted that Hanlon screamed, swung his arms and kicked as he leapt toward the uniformed officer.

Gonzalez backed across Oak, about 25 feet, but Hanlon followed, staying within five feet. Even as the officer fired seven times, Hanlon kept coming, finally dropping to the pavement with five wounds.

The grand jury investigating the case heard 13 witnesses -- four police and nine civilians, said Matthew D. Kemmy and Douglas C. Hanson, deputy district attorneys. Gonzalez did not testify in person, but a videotape of his interview with detectives was shown.

Hanlon's sister, his roommate and his best friend also testified, primarily about him as a person.
Grand jurors also heard the original 9-1-1 call and police dispatch recordings before and after the shooting.

They reviewed the autopsy report from the State Medical Examiner's Office, toxicology reports on Hanlon and Gonzalez, and health history documents of Hanlon, whose family has said he had a history of mental problems.

-- Stuart Tomlinson; stuarttomlinson@news.oregonian.com




http://blog.oregonlive.com/breakingnews ... _here.html

Sister of man shot by police voices doubt over officer's exoneration

Melanie Heise, left, in a photo with Andrew Hanlon. Hanlon was shot and killed by a Silverton police officer. A grand jury said the shooting was justified.
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Story Published: Jul 25, 2008 at 1:14 PM PDT

Story Updated: Jul 25, 2008 at 1:54 PM PDT
By WILLIAM McCALL Associated Press Writer
Video
PORTLAND, Ore. (AP) - The sister of a young man from Ireland killed by a Silverton police officer last month insists her unarmed brother had not been a threat that night, although a grand jury found otherwise and decided the officer was justified in shooting him.

Melanie Heise says her 20-year-old brother, Andrew Hanlon, may have been suffering from mental illness but he had no history of violence and had never used a weapon in his life.

"I acknowledge my brother was disturbed and perhaps even agitated on that night," Heise said at a Friday news conference at her attorney's office.

"What does not make sense to me is over and over again in Oregon and elsewhere that a confrontation between law enforcement and a person with mental illness ends up with the mentally ill person dead," Heise said.

A Marion County grand jury in Salem determined Thursday that Officer Tony Gonzalez was justified in shooting Hanlon.

Donald Abar, the deputy district attorney handling the case, said there was an eyewitness and the grand jury heard extensive testimony.

"My heart does go out to the family. It was a tragic loss for them," Abar said.

"They might not like the legal principles on justifying lethal force, but all the facts were presented and the legal principles were applied," he said.

Melanie Heise and her husband, Nathan, questioned whether the grand jury had a complete picture of Hanlon, but Abar said investigators gathered all the evidence that was available and admissible.

Nathan Heise compared Hanlon, who weighed about 120 pounds, to Gonzalez, a former Marine and cagefighting coach who weighs about 240 pounds.

Unless there was a complete breakdown in police communications, "the officer would have been aware he was dealing with an unarmed person in a confused mental state," Nathan Heise said.

"Was he not trained in how to respond in that situation?"

Abar said he could not comment on police training or standards. But he noted his office has prosecuted police officers in the past, and at least two are currently under indictment.

The attorney for the family, Steve Crew, said his firm would investigate and decide whether a wrongful death lawsuit was appropriate.

Crew noted that a toxicology report showed no traces of alcohol or drugs in Hanlon, although Abar said there were traces of marijuana.

The Marion County district attorney's office has been in touch with the Irish consul to share details about the case, Abar said.

Autopsy results have not been released but autopsies were done in Oregon and in Ireland. Hanlon's family was making funeral arrangements in Ireland.

Investigators said the incident began when Shannon Kelley heard pounding on her front door at 11:20 p.m. and saw Hanlon, whom she did not know, acting strangely.

Kelley asked him to leave, but Hanlon demanded to enter. She said he told her he had a sword and yelled phrases such as "Thou shalt let me in!" and at one point screamed he was the "angel of death."

Kelley phoned police and said she had to brace herself against the front door with her parents, who were visiting from Montana, to stop Hanlon from breaking it down.

Hanlon apparently gave up and ran toward a main street, where he was met by Gonzalez responding to the call.

The officer said he heard the sound of shattering glass and thought Hanlon might be armed with a broken bottle, although investigators believe Hanlon probably bumped into a recycling bin.

Gonzalez said he ordered Hanlon to show his hands and get down on the ground, and he appeared ready to comply before he charged the officer, kicking and screaming.

Gonzalez said he backpedaled, but could never get more than 5 feet away and started firing.

His version of events was backed up by Jeff DeSantis of Silverton, who witnessed the confrontation and told investigators Hanlon disregarded the officer's commands before he screamed and rushed the officer.

(Copyright 2008 by The Associated Press. All Rights Reserved.)


http://www.katu.com/news/25908969.html

The shooting of Andrew Hanlon: Previous stories

Posted by The Oregonian July 24, 2008 16:48PM
Categories: Breaking News
Latest news

• Family questions ruling

• 9-1-1 call


From The Oregonian of Wednesday, July 2, 2008 -- Man's family in dark after police shooting: "Nobody will tell us anything," says the brother-in-law after a killing in Silverton

From The Oregonian of Thursday, July 3, 2008 -- Almost 100 protest deadly police shooting: Friends and family question the death of Andrew Hanlon by an officer

From The Oregonian of Saturday, July 5, 2008 -- Irishman's killing sparks uproar abroad: In Silverton, the victim's U.S. kin receive a mystery CD linked to an alleged witness


The Associated Press
Andrew J. Hanlon, 20, was shot by Silverton police Officer Tony Gonzalez, who had responded to a reported burglary late Monday, July 1.From The Oregonian of Tuesday, July 8, 2008 -- Irishman's death still a puzzle: The Marion County DA's office awaits the findings of an inquiry before its next step
From The Oregonian of Wednesday, July 9, 2008 -- Irishman's mom to talk with DA: The mother of a man killed by police will be in Oregon on Friday

From The Oregonian of Saturday, July 12, 2008 -- Slain Irishman's family meets with DA: There will be a memorial service today in Silverton for Andrew James "A.J." Hanlon

From The Oregonian of Sunday, July 13, 2008 -- Emotions run high at service for Irishman: Mourners want answers in A.J. Hanlon's fatal shooting by a police officer

From The Oregonian of Monday, July 14, 2008 -- Silverton cop faces sex-abuse charges: A girl accuses the officer who killed a 20-year-old Irishman during a recent burglary call

From The Oregonian of Wednesday, July 16, 2008 -- Charged cop a complex man: Silverton Officer Tony Gonzalez, also involved in a fatal shooting, is a Marine and cancer survivor

From The Oregonian of Wednesday, July 23, 2008 -- Silverton officer denied bail in sex case




http://blog.oregonlive.com/oregonianext ... anlon.html

It sounds like the mentally ill Hanlon needed help, but so does Officer Gonzales family's. Oddities with the entire picture and the meeting in time of all concerned parties.

So sad... it sounds like Ireland is glad to help, though. Will the United States have to answer for Hanlon death to Ireland?

How did Hanlon end up in the US??? If he was mentally disturbed, why wasn't hig family in Ireland caring for him, rather than his ending up in the US??
It is a tragic story, but like vmonkey said..some oddities.

Why didn't the officer use his taser gun? That would have incapacitated the illegal, not killed him.

A couple of related of follow-up notes:

1. Yes, it is tragic.

2. But we also have to remember there are many, many other persons with 'mental illnesses' that DON'T have violent brushes with the law (and some do of course, to be sure). In fact, statistically speaking, the prevalence of violence between groups assumed to be 'mentally ill' is approximately equal with those that are not.

3. The city where this happened is very small (~= 15,000 total pop.) so they probably don't have much capability to train their PD thoroughly on the subject matter. In contrast, there have been several high profile incidents in the city of Portland (population 380,000 - in city proper; and about 1.7 million in total surrounding suburbs included) and those have forced the training to be done ASAP.

4. He entered the country initially on a tourist visa and then overstayed.
Other descriptions of his being here amounted to 'young person from Europe comes to the US, wants to hang out, and move around the country' sort of deal. He also reportedly worked in a restaurant at least part of the time he was here.

Had he either exited the country when required (over 6 mos. ago) or maybe not drank that last night I guess that the series of events that led to his tragic demise would have been avoided. He CHOSE to overstay his visa. He CHOSE to get drunk and wander the neighborhood that night. He CHOSE to bang on a stranger's door. He CHOSE to rush the officer that was responding to the complaint.

At some point, individual responsibility does play into this. Many other people with similar problems do not end up in a similar situation. He made those choices and he paid with his life. It's sad, but true.

PhredE wrote:

At some point, individual responsibility does play into this. Many other people with similar problems do not end up in a similar situation. He made those choices and he paid with his life. It's sad, but true.

Bingo! Give the man a prize.

Based on what I've read, the shooting was justified (IMO). The story does brings some questions to mind though. If the family was so concerned about Hanlon's mental condition, why didn't they keep him in Ireland or at least do a better job of supervising his actions? Banging, kicking, and clawing (leaving traces of blood) at a complete strangers door in the early morning hours and yelling you're the angel of death does bring to question Hanlon's ability to function mentally within society. Was the man receiving treatment and/or on medication for his condition? Why didn't the family have him institutionalized in a mental health facility?

As for Gonzales, he had already perceived the situation as dangerous. What was he supposed to think? For goodness sake, Hanlon did scream that he was the angel of death. Gonzales had every right to fear for his safety. Of course I'm assuming Gonzales doesn't have ESP, which means he didn't know what Hanlon was thinking or what his (Hanlon's) family knew.

I'll take this one step further, PhredE. What about the responsibility that the Hanlon family had in this mess? I'm sure you'll agree that they, based on their own admissions, should share in the responsibility. The family claims Hanlon was mentally disturbed, yet they don't seem to be accepting any responsibility for dealing with the issue. IMO, Hanlon and his family were responsible for this accident, not Gonzales.

Originally Posted by MW

PhredE wrote:

At some point, individual responsibility does play into this. Many other people with similar problems do not end up in a similar situation. He made those choices and he paid with his life. It's sad, but true.

Bingo! Give the man a prize.

Based on what I've read, the shooting was justified (IMO). The story does brings some questions to mind though. If the family was so concerned about Hanlon's mental condition, why didn't they keep him in Ireland or at least do a better job of supervising his actions? Banging, kicking, and clawing (leaving traces of blood) at a complete strangers door in the early morning hours and yelling you're the angel of death does bring to question Hanlon's ability to function mentally within society. Was the man receiving treatment and/or on medication for his condition? Why didn't the family have him institutionalized in a mental health facility?

As for Gonzales, he had already perceived the situation as dangerous. What was he supposed to think? For goodness sake, Hanlon did scream that he was the angel of death. Gonzales had every right to fear for his safety. Of course I'm assuming Gonzales doesn't have ESP, which means he didn't know what Hanlon was thinking or what his (Hanlon's) family knew.

I'll take this one step further, PhredE. What about the responsibility that the Hanlon family had in this mess? I'm sure you'll agree that they, based on their own admissions, should share in the responsibility. The family claims Hanlon was mentally disturbed, yet they don't seem to be accepting any responsibility for dealing with the issue. IMO, Hanlon and his family were responsible for this accident, not Gonzales.

Thanks MW. I agree with you on that too.

Another - but unstated - corollary to the above would also be:
give credit to the many thousands of people who have 'mental illnesses' yet do not cause or resort to violence. The sad postscript to this story I see is that society has a long way to go in treating brain disorders and an equally long way to go in removing stigma or lack of understanding.