It has now been almost three weeks since the police shootout on Front Street— and the subsequent high-speed chase through Old Town. But Police Chief Buz Dillon's crack investigative team has yet to release a full report on what really happened just before Midnight on Sunday, July 22.
It may be understandable why Dillon is again dragging his feet when it comes to explaining the performance of his officers. In this case, cops may have fired as many as 18 shots, or more, at a couple attempting to elude police after a routine traffic stop. The couple may or may not have been armed. The reason for our uncertainty is this:
When the police fed the story to a Key West Citizen reporter the day after the incident, no mention was made of the possibility that the man in the truck may have had a gun and may have fired at officers. And, when the couple was finally arrested, no gun was found in the truck. But police officials now say, perhaps in an effort to justify the hail of bullets fired by officers down Front Street toward busy Duval and the nearby hotels and restaurants, that the man in the truck had a gun and fired at the officers.
The official explanation as to why cops didn't find a gun in the truck: Maybe they threw it out the window— although a search along the chase route has reportedly failed to turn up a gun. And, almost three weeks after the incident, police still won't say how many shots the man in the truck may have fired and whether or not they found any shell casings in the truck or in and around the A&B Lobster House parking lot and nearby Front Street, the scene of the shooting.
A police officer from out of town, who was at Two Friends Restaurant during the shootout, reportedly strolled down to the unattended crime scene after all the cops left to chase the truck across the island. He reportedly told others in the restaurant that he counted at least 18 shell casings, all the same caliber and, probably, all from police officers' weapons.
In an interim police report, finally released to Key West The Newspaper Wednesday, Internal Affairs Investigator Adam Bittinger said three officers fired eight shots. But it is now known that tourists wandering around the scene of the shooting may have picked up shell casings as souvenirs.
KWTN was able to obtain the interim report, sent to City Commissioners on July 25, only after threatening Chief Dillon with legal action, including jail— under State Statute 119, the public records law— for failing to respond in a timely manner to a formal request for the one-page document.
Just so you will know what it takes to force Chief Dillon to provide a public record, we reproduce here our letters to him.
July 24, 2001
CHIEF DILLON:
High speed chase from Front and Duval through Old Town and across Cow Key Bridge early Monday morning. A witness told me that as many as a dozen police cars may have been involved in the chase. One police car apparently lost a rear tire, but continued the chase anyway, running on the rim, throwing hot sparks on civilian cars and property.
Shots fired! How many? Where? How many officers fired shots? Who were the officers who fired the shots? Did they hit anything or anyone, intentionally or unintentionally? What if they had killed or injured an innocent bystander? What is your policy on high-speed chases and firing shots in Key West? Are those policies in writing? If so, may we have copies— pursuant to State Statute 119?
I assume that you've been asked to prepare a full report for the City Manager and the City Commissioners. Please consider this a public records request, pursuant to State Statute 119, for a copy of that report with minimum delay. If that report does not answer all of the questions posed above, would you please provide supplementary information to respond to those questions?
Because this incident is so serious, it is reasonable to assume that you have already provided a full report to your superiors. Therefore, may we pick up a copy tomorrow morning, Wednesday?
Dennis Reeves Cooper
Publisher
copy: City Manager, City Attorney, Mayor, City Commissioners
NOTE: We received no response from the Police Department. So, we followed up with this letter, just a tad stronger:
August 3, 2001
TO: CITY ATTORNEY BOB TISCHENKEL
RE: Chief Dillon and the Public Records Law
COPIES: Chief Dillon, City Manager Avael, Mayor and City Commissioners, State Attorney Kohl
I believe it's time for you to `splain State Statute 119, the Public Records Law, to Police Chief Buz Dillon. He continues to violate that law— but I assume, until you brief him on his responsibilities (and the penalties) under the law, he may be doing that "unknowingly". My attorney wanted to simply call you and discuss this lawyer-to-lawyer, but I wanted to be more personal.
Under the law, I have the right to inspect any public record at any reasonable time, under reasonable conditions, under supervision by the custodian of the public record. If I want copies, I can get copies by paying the actual cost of duplication. If the recipient of my request believes that the record or records I'm requesting are somehow exempt under the law, I should be notified of that claim, also within a reasonable time frame.
But on July 24, 2001, almost two weeks ago, I faxed Chief Dillon the attached memo, a formal request pursuant to 119. In the second paragraph, I asked for a copy of any report on the shooting/chase incident sent to the City Manager and/or City Commissioners. Such a report exists. And it was, indeed, sent to the City Commissioners. That makes it a public record, even if there is an internal "inquiry" underway. But Dillon has yet to honor my request— a clear violation of 119. Would you please suggest to Dillon that he may want to fax me a copy of that report by Noon on Monday, or explain to me why he thinks it is exempt under the law?
I believe he is "knowingly" violating the law. If so, he should be aware of the following provision of 119: "A public officer who knowingly violates the provisions of 119.07(1),F.S., is subject to suspension and removal . . . and is guilty of a misdemeanor of the first degree, punishable by possible criminal penalties of one year in prison, or $1000 fine, or both."
It should not surprise you that I will, without hesitation, ask my attorney to file a formal complaint with the State Attorney. (After all, I do have "probable cause".) And I will do that every time Dillon refuses to allow me to inspect a public record within a reasonable time frame. And keep in mind that "reasonable time" should not be very long at the Police Department. They have a paid public relations person whose job it is to provide information to the press.
Another option I have under 119 is a civil action to force release of public documents when officials refuse to provide them— or claim exemption— within a reasonable time frame. As you probably know, this kind of action is entitled to an immediate hearing and takes priority over other pending cases. And if Key West The Newspaper prevails, the City pays our attorney's fees. Our attorney likes that part. But I can't imagine that the City Commissioners would be thrilled to see the City repeatedly paying my attorney to force Dillon to do what he should already be doing freely under the law.
You may or may not know that Dillon has instructed his public relations person to take Key West The Newspaper off the Department's press release list. They didn't even send us the press release they milled out when the Chief swore out a warrant for my arrest. I heard about it on the radio. He told the Miami Herald that he called me personally to tell me about the warrant as a "courtesy". He fibbed. No, let's strive for accuracy. He flat out lied. There was no call. No message on our answering machine. No fax. No handcarried note. No word left with our receptionist. Why would he tell the Herald "I called him up" if it weren't true? Go figure. Of course, maybe the Herald reporter lied.
Chief Dillon has already shown that he believes it's okay to try to suspend the First Amendment in Key West. I would strongly recommend, however, that you provide him with some level of coaching concerning Ch. 119, F.S.
Dennis Reeves Cooper
Publisher
NOTE: The threat of jail time apparently stiulated Dillon and his highly efficient team to spring into action— sort of. We now know that a copy of the interim report was supposed to be mailed to us last Friday— almost two weeks after our initial request. But they "forgot" to mail it! We're not making this up.
We faxed over this memo on Tuesday:
August 7, 2001
TO: POLICE CHIEF GORDON "BUZ" DILLON
RE: Request under State Statute 119 by fax and certified mail, return receipt requested.
On July 24, 2001, two weeks ago, I requested a copy of the report sent to City Commissioners concerning the shootout/high-speed chase that occurred during the early morning hours of July 23. On August 3, 2001, I requested that public document again.
On advice of counsel, I am now sending those two requests via certified mail. As the lawyers say, govern yourself accordingly.
Dennis Reeves Cooper
Publisher
copies:Attorney Michael Barnes, City Attorney Robert Tischenkel, State Attorney Mark Kohl
The report we had requested back on July 24 was finally faxed to us early Wednesday morning, August 8. It generally confirmed what we had already been able to piece together on our own, from sources inside and outside the Police Department, and report to you last week. In case you missed our coverage last week, here's a summary.
At 11:52 p.m. on Sunday, July 22, a police officer stopped a man and a woman in a pickup truck for a routine traffic infraction at the corner of Duval and Front Streets. When asked for identification, the male driver sped away. Subsequently, the cops learned that the truck had been stolen in Palm Beach County.
Officers cornered the truck in the A&B Lobster House parking lot, but the pickup broke through the police roadblock on Front Street and headed toward Duval. The police now say the man in the truck had a gun and fired at officers. The officers returned fire.
A high-speed chase across the island followed, involving nine patrol cars, police say. The pickup spun into a utility pole on Stock Island and the couple was arrested and jailed.
Capt. Bill Fortune tells us that an "inquiry" is underway and that a full report will be released upon "closure" of that investigation. Fortune provided no clue how long that investigtion— which is already three weeks old— might take.
Stay tuned.