No charges filed in officer’s shooting

[Mike508]

http://www.telegram.com/apps/pbcs.dll/article?AID=/20061115/NEWS/611150761/1008/NEWSREWIND

Wednesday, November 15, 2006
No charges filed in officer’s shooting

Grand jury won’t indict car dealer

By Kevin Keenan TELEGRAM & GAZETTE STAFF






WORCESTER— Car dealer Mark P. Ragsdale will not be charged with shooting a Shrewsbury police officer in Mr. Ragsdale’s home in July, according to a spokeswoman for District Attorney John J. Conte.

A Worcester County grand jury returned a “no bill” Monday, meaning Mr. Ragsdale was not indicted, after jurors heard evidence gathered for the case. Mr. Ragsdale could not be reached for comment yesterday.

The shooting occurred at 2:30 a.m. July 14 in Mr. Ragsdale’s home, 17A Farmington Drive, Shrewsbury. When Officers Stephen Rice and Ryan Chartrand went there to investigate a burglar alarm, Mr. Ragsdale shot Officer Rice in the abdomen, according to police.


A neighbor had let the two officers into Mr. Ragsdale’s home after they searched outside. The neighbor, who had a key and was on the alarm company’s list of people to notify regarding the home, told police that Mr. Ragsdale was on vacation and that the home should have been empty.

Police were unaware that Mr. Ragsdale had come home. According to the police, Mr. Ragsdale told the alarm company that he set off the alarm, but the alarm company did not notify police.

Police said the officers, who were in full uniform and arrived in a marked cruiser, noticed a dim light on the second floor and saw a shadowy figure. They entered the home to search it and Officer Rice was shot as he reached the second floor. Police said Mr. Ragsdale’s wife and children were on vacation at the time.

Officer Rice, a one-year member of the force, was seriously injured and hospitalized for a week.

Mr. Ragsdale, president and chief executive officer of the Ragsdale Motor Group network of auto dealerships in Shrewsbury and Spencer, was licensed to carry the Smith & Wesson semiautomatic handgun used in the shooting.

The investigation was handled by Shrewsbury police, the district attorney’s office and state police. Shrewsbury Police Chief A. Wayne Sampson could not be reached for comment yesterday. At the time of the shooting, Chief Sampson said the shooting would be thoroughly investigated, including an internal review of police tactics in response to the shooting, to ensure future safety of police officers.

Ray McGrath, political director for the International Brotherhood of Police Officers, which represents Shrewsbury patrolmen, said members of the department were shocked when they heard that Mr. Ragsdale was not indicted. He said he thought the investigation was mishandled by Chief Sampson and that Mr. Ragsdale should have been arrested and charged the night of the shooting. He said Officer Rice “was an inch away from death” and said it was “really unbelievable” that Mr. Ragsdale was not charged with anything.

“This is a real serious blow to the Shrewsbury Police Department and to law enforcement itself. The police community as a whole will be very surprised,” Mr. McGrath said. “Accidental or not a person receiving no punishment for that is beyond comprehension.”

Mr. McGrath said Mr. Ragsdale’s position as “a person of influence” in Worcester County could have had an effect on the grand jury.

“A person with influence in the community got away with a crime that a regular citizen wouldn’t get away with,” Mr. McGrath said.

 

[daceman63]

“A person with influence in the community got away with a crime that a regular citizen wouldn’t get away with,” Mr. McGrath said."


I agree with this statement.

 

[Bandit]

“A person with influence in the community got away with a crime that a regular citizen wouldn’t get away with,” Mr. McGrath said."


I agree with this statement.

and I bet He still has his LTC
Bob

 

[daceman63]

I suppose there will be a personal law suit against him though from the cop.

 

[matt1956]

That is true.

However, not knowing all of the facts of the case and going based on what that article says...

I can't say that the shooter was completely in the wrong.

Arriving in a marked cruiser without the blue lights flashing would not alert the home owner.

And, Most police departments have totally black uniforms. The home owner may have just seen the gun. Now, the article doesnt seem to give much detail of the actual incident... Did the cops verbally identify themselves? Did the officer have his gun drawn or in the holster? Was the cop shinning his light at the home owner (blinding his view)?

Personally, I'd have to say that the homeowner could at least be neglagent to a degree... but not enough to sustain a trial.

But again... I don't have all the facts.

 

[daceman63]

well, one thing on the homeowners side is that even though he tripped the alarm he notified the alarm company and they didn't call the police.

 

[matt1956]

yup. So the alarm company could be on the hook for a law suit and they have a lot of $$$ too...

In the end...the lawers will prevail and make all the cash. The homeowner may lose a dealership or two to pay for the suit.

And the anti-gunners in the town will have more "ammo" for their argument.

 

[daceman63]

yeah, I can't imagine this is the end of it by a long shot...

 

[Moderator]

 

[Len-2A Training]

IIRC, his LTC was suspended after the event. This is SOP in most cases. The real question (if this is true) is will he get it back? [If so, probably only because of his influence and affluence in pursuing the issue.]

IBOP is their usual anti-gun, inflammatory self wrt self-defense.

The event was regrettable, but nothing that we've read showed that Mr. Ragsdale did anything wrong. He notified the alarm company (true he didn't call the neighbor at 2AM to tell him he was home earlier than expected), who normally does NOT notify the PD (we've set off our alarm a number of times accidentally and the company calls us, but never calls the PD afterwards nor do we).

We allegedly have a legal right to believe that if someone uninvited appears in our home at 0230hrs without announcing, that our lives may well be in danger and defend ourselves with deadly force. At least that is what the law says even in MA.

I deeply regret that an officer was injured, but still see nothing wrong with the actions of the homeowner. If PD policy was not to announce (something that I also can understand), this is a known risk . . . just like if the PD do a no-knock raid and find some homeowner with a gun and kill him, the officers won't be charged either. You shouldn't be able to have it both ways (prosecute homeowners but not officers in such cases).

 

[Admin]

I agree with matt1956... There is not nearly enough information to make a judgement on this case.

People that had ALL of the facts have decided he was not wrong. I can live with that. If you shoot and LEO in this state and do NOT get convicted you probably were innocent... Just my .02

 

[daceman63]

well, if he really did believe it was an intruder he would have used a reasonable response as the guy, even though a cop, did have a gun. However, he probably could have assumed that the police might have been called as he did set off the alarm.

It has been my experience that when I set off my alarm, even though I notified the alarm company, I still assumed for a time after the call that the police might show up. Maybe I'm just paranoid like that. I also know that just because I assume something that I can't expect everyone else to think as I do.

 

[Scrivener]

“A person with influence in the community got away with a crime that a regular citizen wouldn’t get away with,” Mr. McGrath said."

I agree with this statement.

And did union rep McGrath make an equally public announcement of his displeasure after a drunken cop shot the brother officer who tried to stop him from driving drunk after an all-night pub crawl?

Or does he reserve his public posturing for civilians who shoot under far more plausible circumstances?

 

[dwarven1]

And did union rep McGrath make an equally public announcement of his displeasure after a drunken cop shot the brother officer who tried to stop him from driving drunk after an all-night pub crawl?

Or does he reserve his public posturing for civilians who shoot under far more plausible circumstances?

I'll take "Public posturing for civilians who shoot under far more plausible circumstances" for $100, Art.

 

[daceman63]

And did union rep McGrath make an equally public announcement of his displeasure after a drunken cop shot the brother officer who tried to stop him from driving drunk after an all-night pub crawl?

Or does he reserve his public posturing for civilians who shoot under far more plausible circumstances?

I only agree with the content of McGrath's statement and not to his motivation to comment on this case and not in the other.

 

[Jaxon]

I'll take "Public posturing for civilians who shoot under far more plausible circumstances" for $100, Art.

It was my experience that when the alarm company called, we still checked out the location. Who's to say that the owner wasn't forced into calling the Alarm Company.

I think we discussed this issue before on what the uniforms were doing, but its moot now. Hopefully the PD will revise their SOPs to cover this in the future.

 

[Admin]

It was my experience that when the alarm company called, we still checked out the location. Who's to say that the owner wasn't forced into calling the Alarm Company.

One blink for yes, two blinks for no...

 

[daceman63]

It was my experience that when the alarm company called, we still checked out the location. Who's to say that the owner wasn't forced into calling the Alarm Company.

I think we discussed this issue before on what the uniforms were doing, but its moot now. Hopefully the PD will revise their SOPs to cover this in the future.

As long as i called the company and gave the right code word, phrase or number the police never came to the house. If they drove by I have no idea but they never knocked on the door.

What would be some recomendations for a new SOP that could possibly avoid this type of incident in the future that wouldn't give a real perp the advantage? I mean even if this was a real break in the cop was caught completely off guard for some reason....did he recognize the home owner? did he not even see him? I have no idea.

 

[Jaxon]

As long as i called the company and gave the right code word, phrase or number the police never came to the house. If they drove by I have no idea but they never knocked on the door.

What would be some recomendations for a new SOP that could possibly avoid this type of incident in the future that wouldn't give a real perp the advantage? I mean even if this was a real break in the cop was caught completely off guard for some reason....did he recognize the home owner? did he not even see him? I have no idea.

Well, I'm sure things have changed since I wore the cape and cowl, but there are several things they could do. First of all, the house was secure and the neighbor had to let them in. DId they do a perimeter check to find other entry?

If not, then you have to go in with the lights on a secure the place a floor/room at a time. Homes are different from businesses. I was always in favor of overwhelming force. It still takes bodies, but sneaking around in the dark can get you shot.

A K9 is always nice, but not everyone has one.

Those are my old-school experiences... I hope things have changed since the last century.

RJ

 

[Coyote33]

IIRC, his LTC was suspended after the event. This is SOP in most cases. The real question (if this is true) is will he get it back? [If so, probably only because of his influence and affluence in pursuing the issue.]

IBOP is their usual anti-gun, inflammatory self wrt self-defense.

The event was regrettable, but nothing that we've read showed that Mr. Ragsdale did anything wrong. ...

...

I deeply regret that an officer was injured, but still see nothing wrong with the actions of the homeowner....

Yeah, it's not like it was as if he were carrying openly or anything like that which would land you in heaps of trouble.

 

[Bolt308]

Anyone see this having an impact on LTC's being issued in this town? I'd be willing to bet it'll be harder to get now.

 

[Mike508]

Anyone see this having an impact on LTC's being issued in this town? I'd be willing to bet it'll be harder to get now.

Wayne Sampson (Shrewsbury CLEO) is on his way out. The answer to the question, then, is based on who replaces Sampson. The incoming CLEO could just as well be an anti with an aversion to issuing LTCs regardless of the Ragsdale incident.