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Baltimore’s Drunk-And-Armed Police Rule Questioned

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(Credit: AP)

(Credit: AP)

BALTIMORE (AP) — Off-duty police officer Gahiji A. Tshamba was enjoying a summer evening in a historic neighborhood known for its nightlife when he encountered trouble around closing time. He was carrying his department-issued, semiautomatic Glock handgun — unfortunately, as it turned out.

After he left the Red Maple nightclub around 1:30 a.m., Tshamba saw a man groping a woman and confronted him, starting a heated argument. The officer eventually drew his gun and emptied the clip, firing 13 shots — 12 of which struck and killed Tyrone Brown, an unarmed Iraq war veteran. The June 5 shooting resulted in a murder charge for Tshamba.

There’s nothing unusual about a Baltimore officer packing heat for a night at the bars. In fact, officers are generally required to do so. But recent shootings involving alcohol and off-duty officers have some experts decrying the department’s gun policy as an outdated approach other big cities have abandoned.

Baltimore’s policy “boils down to the whole dated concept that a cop was a cop 24 hours a day. New York and many other places have become much more realistic,” said Eugene O’Donnell, a former New York officer and current lecturer at John Jay College of Criminal Justice.

Baltimore Police Commissioner Frederick H. Bealefeld III is considering changes, such as a restriction on drinking while armed.

But he’s reluctant to toss out a decades-old policy that he says helps protect the public.

An Associated Press review of investigative records shows that since 2005, off-duty Baltimore officers have shot people 15 times.

In a dozen cases, the officers intervened to stop crimes or defend themselves. But the three shootings that led to officers being disciplined — and another instance when an off-duty officer was killed by a fellow cop — involved alcohol or took place around bars.

Baltimore’s policy on off-duty officers and guns is a single sentence: “Sworn members, off-duty, within the city of Baltimore, shall be suitably armed, except at such times, or under such circumstances, or when engaged in such activities as a prudent person would reasonably conclude the wearing of a firearm to be inappropriate.”

It’s up to officers to decide when it’s inappropriate to be armed, although police officials cite obvious examples such as swimming or playing sports. But off-duty officers aren’t allowed to leave their handguns in their cars — they’re told to lock them up at home.

Any officer who stops for a beer after work, then, is expected to be armed. And that, experts say, is a problem.

“You’re required to carry a gun, but if you do get drunk and do something stupid, then you’re held responsible,” said Peter Moskos, a professor at John Jay College and former Baltimore officer.

Other big cities have ditched or modified policies requiring officers to carry guns at all times. Instead, some train officers to be good witnesses and call 911 when they see a crime during their downtime.

The International Association of Chiefs of Police recommends that departments make it optional for off-duty officers to carry guns. But departments don’t have to follow the association’s model policy.

Researchers who’ve studied fatal police-on-police shootings also say departments should discourage off-duty officers from using force.

“This is something that’s a national problem,” said Sam Walker, a criminologist at the University of Nebraska-Omaha. “A fair number of officer-involved shootings do involve off-duty officers, which is a major issue.”

In Baltimore, one of the nation’s most violent big cities, Bealefeld and others argue officers can’t afford to let their guard down.

The records obtained by The AP show that since 2005, off-duty officers have fired their handguns in an attempt to stop nine armed robberies and one stabbing. In another case, an officer wounded a would-be robber before the officer was fatally shot. Another officer shot and killed a man he saw breaking into his car.

Bealefeld argues the documents don’t tell the whole story of how the policy protects the public. The department does not keep records of instances in which off-duty officers draw their guns to stop a crime but don’t open fire.

But Tshamba’s case isn’t the only questionable use of a weapon by carousing off-duty police. Former officer Patrick Dotson pleaded guilty to assault for shooting at two people after a brawl outside a bar. Officer Norman Stamp drew his gun during a strip club brawl, and an on-duty officer fatally wounded him. Stamp didn’t identify himself as police until after he was shot.

Tshamba, meanwhile, had previously shot someone after a night of drinking. In 2005, the black officer said a group of white men used racial taunts and assaulted him while he was off-duty. Tshamba fired several shots, and a 17-year-old boy was wounded in the foot.

A breath test found the officer had a blood-alcohol percentage of .12 — well above the state’s threshold for drunken driving.

The department disciplined Tshamba, but the shooting was ruled justified. He wasn’t charged with a crime.

Tshamba’s attorneys say he wasn’t drinking the night he shot Brown, and he refused a breath test afterward. He’s being held without bail on a first-degree murder charge. His lawyers contend he was acting in an official capacity and feared for his life when he opened fire.

But if Tshamba had been an officer in several other East Coast cities, he couldn’t have brought his gun in the first place.

In Washington, D.C., officers are barred from carrying their weapons if they plan to drink. Philadelphia police officers are told not to carry their guns if there’s a likelihood they’ll be drinking or taking prescription drugs. It’s the same thing in New York, which also requires breath tests for officers involved in shootings.

Several rank-and-file Baltimore officers discussed the gun policy on the condition that their names not be used because they’re prohibited from talking about it with reporters.

The officers said they and their colleagues take varying approaches to the question of whether to bring their guns to bars.

Many do it all the time. Some leave them at home, concluding that a night of heavy drinking is an inappropriate time to be armed.

Others avoid the problem by refusing to socialize within the city.

Their boss, Bealefield, defended the policy against criticism sparked by cases like Tshamba’s, saying the actions of a few shouldn’t affect officers’ ability to protect themselves and others.

“Those are some extraordinarily bad situations that have occurred,” Bealefeld said. “But more often than not, and indeed every day, these guys make great judgments that you never read about or hear about.”

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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  • http://localxoo.com/maryland/2010/12/06/baltimore%e2%80%99s-drunk-and-armed-police-rule-questioned/ Baltimore’s Drunk-And-Armed Police Rule Questioned — Maryland

    [...] CBS Baltimore – News, Sports, Weather, Traffic and the Best of Baltimore Free Short URL Service – Get TLD30 Short [...]

  • pigeon

    Drinking? Then no gun! Pure and simple. Alcohol doesn’t agree with driving and certainly does not enhance one’s ability to be rational. Sorry, but I do not believe police officers should be carrying a weapon of any kind if they are out with the general public consuming alcohol.

    • Jake

      Another recent example of this happened two years ago and the Feds attempted to cover it up but the Los Angeles Times broke the story & published a surveillance video that demonstrated clearly what happened.

      A drunk, off duty Federal Marshall was being hostile to his wife as the two were breaking up. The woman later said she was afraid of her husband, the drunk, off duty cop.

      Another man confronted the off duty cop about his behavior toward the woman & a fight ensued. The drunk off duty cop shot the man in the back an killed him. The cop’s claim? “Self defense” as the dead guy supposedly was “beating him and attacking him.”

      Bummer for the cop. Surveillance video showed the victim not close to the cop and even attempting to RUN AWAY. The cop is seen shooting twice.

      The Federal Prosecutor’s Office refused to prosecute saying they didn’t have “enough evidence” despite the video and despite the wife stating she thought her husband was going to shoot her too.

      Thank you to the Los Angeles Times. Now, another branch of the Feds is investigating but only for “violating the civil rights of the victim.”

      AND WOULDN’T YOU KNOW….. THAT COP IS STILL ON THE JOB AND STILL CARRYING A GUN. TWO YEARS LATER. DIDN’T SERVE ONE DAY IN JAIL DESPITE THE VIDEO.

  • pigeon

    Let me please correct one of my sentences. The last one – eliminate “with the general public”. They shouldn’t be drinking and carrying a weapon no matter what.

  • Laura

    I agree, an officer in the bar is no different then a regular citizen. They are police officers its a job, im an accountant its a job, when i leave work my work stays, when that officer walks in a bar he is no longer an officer of the law.

    • YTstudent

      I agree with you. I think that off duty officers should not have their weapon on them. If they see a situation that needs to be handled, there are officers on duty that can take care of it. Also, Tshamba being an officer should have enough sense to know that the weapons are used to sustain the sistuation. Firing his entire clip, with 12 bullets hitting the victim is beyond reasonable force.

  • Matt

    “You’re required to carry a gun, but if you do get drunk and do something stupid, then you’re held responsible,” That’s all very well, but unfortunately someone may also end up dead on account of a drunk cop with an ego problem. NOT ON DUTY – NO F-ING GUN!!!

  • janet

    No drinking while on the job. PERIOD. You want to stop and get a drink on the way home? I don’t care. You can’t. I don’t want officers (defending me) drunk. Grow up. You think it’s OKAY to be armed and drinking? What is this, the Wild West? If that’s the case, then I should be able to carry a gun as well to defend myself against the drunk-ass stupid cop who pulls his gun.

  • DB of Joppa

    Sounds like simple logic, if, while under the influence of alcohol you are to impaired to operate a vehicle, then by golly you are too impaired to use the correct judgement in the application of deadly force with a handgun or any other firearm for that matter.

  • http://www.sociologyboard.com/?p=8713 Sociology Board » Blog Archive » A link between the bad economy and crime rates? No, not exactly

    [...] department’s gun policy as an outdated approach other big cities have abandoned. Read more on CBS 13 Baltimore posted under Criminology And Forensic [...]

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