The Lesson of Her Death

have been white.

PART THREE

Close Pursuit

HARRISON COUNTY SHOOTING INCIDENT INQUIRY BOARD SUMMARY OF FINDINGS
    The matter before the Board is the death of a minor, Philip Arthur Halpern, 15 (the “Suspect”), who was shot and killed by County peace officers after an escape from New Lebanon town jail where the Suspect had been incarcerated following indictment on charges of murder, manslaughter, rape and sodomy.
    On the afternoon of May 8 the Suspect was struck by shots fired by Thomas T. Ebbans, Chief Deputy, and Bradford Ellison, Sheriff, Harrison County. It was determined that Deputy Ebbans fired two shots, hitting the Suspect twice in the chest and Sheriff Ellison fired fourtimes, hitting the Suspect once in the neck. All bullets were recovered. The Suspect was pronounced dead at the scene.
    The facts surrounding the shooting are not in dispute. When shot, the Suspect was holding a loaded .38-caliber Smith & Wesson pistol which he had taken from a New Lebanon town deputy whom he had severely beaten when he escaped earlier in the day. The Suspect acted in a deranged manner and it apparently was his intention to shoot his father. Also present were the Suspect’s mother, New Lebanon Detective William Corde and Charles Mahoney, a licensed and bonded private investigator from Missouri who was acting as consultant to the New Lebanon Sheriff’s Department.
    As Detective Corde was attempting to talk the Suspect into surrendering, Sheriff Ellison and Deputy Ebbans approached from the rear entrance to the house. Mr. Mahoney stated that the Suspect suddenly raised the gun and, according to Mr. Mahoney, “was about to discharge his weapon at Detective Corde and myself, causing me to fear for our safety.” Mr. Mahoney fired two shots at the Suspect, missing both times. Sheriff Ellison and Deputy Ebbans heard these shots and assumed the Suspect, who had turned and was pointing his gun at them, had begun firing. They returned gunfire which resulted in the Suspect’s death.
    It is the conclusion of the Board that the shooting of the Suspect was justifiable and that both Sheriff Ellison and Deputy Ebbans acted within the boundaries of prudent law enforcement. Detective Corde testified that the Suspect had not been about to fire and we agree that Mr. Mahoney was perhaps premature in firing the shots that precipitated the killing. However, that was a judgment he made during an extremelystressful confrontation and this Board is prepared to accept that his behavior was justified under the circumstances.
    Testimony was given by the Suspect’s father that prior to the incident, he delivered to Sheriff Steven Ribbon of the New Lebanon Sheriff’s Department a note purporting to be evidence casting doubt on the Suspect’s guilt. Sheriff Ribbon testified that he felt the note was of such importance that he personally took it to the state laboratory for forensic analysis and through a miscommunication, none of the law enforcement officers at the scene of the shooting were made aware of the note’s existence. However, the existence and authenticity of the note bear solely on the issue of the Suspect’s innocence with respect to his prime indictments in one of the murders of which he was accused; they are irrelevant with respect to the escape and the incidents of assault that led to the shooting.
    Therefore, THIS BOARD OF INQUIRY CONCLUDES that
The death of Philip Arthur Halpern was justifiable.
The death shall not be presented for inquest to the Grand Jury of the County of Harrison.
No grounds exist to dismiss, suspend, fine or in any way reprimand Sheriff Bradford Ellison or Deputy Thomas T. Ebbans on the basis of the events occurring in the house of Creth A. Halpern on May 8.
    H ere is Bill Corde.
    He writes three parking violations—after turning the thick handles of the meters to make sure that the perpetrators are in fact out of time and didn’t just forgetto crank in their coins. This is not generosity on Corde’s part; nobody argues with cops more vehemently than parking violators.
    He stops Trudy Parson’s ’74 Gremlin to tell her that the blinker in her right turn signal is on the fritz and the left rear is low too.
    He tanks up a Plymouth and sits in a speed trap for half the day, catching himself nothing but one salesman from Chicago. He gives the man a ticket—not a warning—because the driver is wearing a fish gray silk suit and a pinkie ring and has a dark tan and here it is just mid May.
    Howdy, fellas,