State police reveal details of police related death of William Henderson

NARRATIVE Of the State Police Report on the Death of William Henderson

At approximately 1825 hours, Sunday, August 22, 2004, Barbara Gibson, Louisiana State Police, Troop F Dispatcher, contacted Lt. Dusty Gates, North District Detectives. Operator Gibson advised Lt. Gates that officers with the Monroe Police Department had been involved in a shooting in an alley between South 8th Street and South 9th Street in the 1000 block.

Operator Gibson advised Lt. Gates that Chief Ron Schleuter of the Monroe Police Department had requested the Louisiana State Police Detectives conduct the investigation into this shooting.

At approximately 1830 hours, Lt. Gates contacted Sgt. Lee Harrell and myself, Tfc. Todd L. Cummings, North District Detectives, Monroe Field Office and advised us of this shooting. Lt. Gates dispatched Sgt. Harrell and myself to this shooting.

At approximately 1920 hours, Sgt. Harrell arrived on scene at the intersection of South 8th Street and Peach Street. Upon arrival of Sgt. Harrell, he received a briefing from Detective Quinton Holmes, of the Monroe Police Department. Sgt. Harrell ensured the area was secured and contacted Captain Rick Jones of the Monroe Police Department Crime Scene Unit. Captain Jones informed Sgt. Harrell that he had secured the crime scene and had begun to mark all evidence. Sgt. Harrell learned that the suspect had been transported to Saint Francis Medical Center by AMR where he was pronounced deceased at 1823 hours. Captain Jones stated that Sgt. Ken Hancock of the Monroe Police Department Crime Scene Unit was at Saint Francis Medical Center securing a]l evidence and photographing the suspect.

At 1953 hours, I arrived at the intersection of South 8th Street and Peach Street. Upon my arrival I observed that the area had been secured by the Monroe Police Department as well as the Ouachita Parish Sheriffs Department. I observed all traffic on South 8th Street and South 9th Street had been stopped from vehicle traffic as well as pedestrian traffic along with the alley located between South 8th Street and South 9th Street.

The weather conditions for this date, Sunday, August 22, 2004, was sunny, temperature was approximately 78 degrees with the humidity approximately 82%. A copy of the weather report was obtained from the Louisiana Climatology Office. (Attachment #10)

Contact was made with Lt. Dusty Gates and Sgt. Lee Harrell who were already present at South 8th Street and Peach Street. Sgt. Harrell briefed me on the nature of this investigation. Sgt. Harrell advised the Monroe Police Department was involved in a shooting which had resulted in the death of the suspect, identified as William M. Henderson. Sgt. Harrell stated Mr. Henderson had been transported to Saint Francis Emergency Room where he was pronounced deceased at approximately 1823 hours by the Ouachita Parish Coroner’s Office.

As a result of the Monroe Police Department being involved in this shooting, Chief Ron Schleuter of the Monroe Police Department requested that the Louisiana State Police, Bureau of Investigation investigate this shooting.

Sgt. Harrell provided me with a list of nine (9) Monroe Police Department Officers who were present when this shooting occurred. The following names were provided:

1. Officer Michael Todd Willis
2. Officer John Drew
3. Officer Timothy Hitt
4. Officer Damon Enifinger
5. Officer Jerry W. Childress
6. Officer Joey C. Hawkins
7. Officer Christopher C. Moore
8. Sgt. Susan Herring
9. Reserve Officer Thomas Morgan Cannon

Sgt. Harrell stated all nine officers had been separated and were currently at the Monroe Police Department awaiting interviews.

A brief synopsis of the shooting was provided by Sgt. Harrell. At approximately 1737 hours, Monroe Police Department Officers came in contact with Mr. Henderson, who was armed with a knife and a chain, in the 800 block of South 8th Street. The officers had instructed Mr. Henderson to drop the knife and chain with no response from Mr. Henderson. Mr. Henderson ignored the officers commands and proceeded to walk South on South 8th Street away from the officers.

Officers followed Mr. Henderson south on South t Street until Mr. Henderson reached the intersection of South 8th Street and Peach Street. Mr. Henderson then entered into a field walking in an easterly direction. From the field Mr. Henderson then entered into a narrow alley located between South 8th Street and South 9th Street with the officers following. Once in the alley Mr. Henderson, still armed with knife a chain, was engaged with a pepper ball gun, a less than lethal weapon. Mr. Henderson after being struck with the pepper balls still refused the officers commands to drop the knife.

Mr. Henderson was then engaged with a bean bag gun, a second form of less than lethal force. Mr. Henderson was shot several times with the bean bag gun by Officers while still being engaged with the pepper ball gun. Mr. Henderson refused to drop his knife and chain. After Mr. Henderson was shot with the bean bag rounds, Mr. Henderson charged the officers in the alley, at which time he was shot by the officers with their service weapons.

Sgt. Harrell stated he had received the above listed synopsis from Detective Quinton Holmes of the Monroe Police Department.

Upon conclusion of the briefing Sgt. Harrell, Lt. Dusty Gates and myself proceeded to the crime scene. The entrance of the crime scene was located in a field east of South 8thStreet at the entrance of the alley between South 8th Street and South 9th Street. At the entrance to the alley, I met with Detective Quinton Holmes who escorted Lt. Gates, Sgt. Harrell and myself into the crime scene.

Once in the alley, I observed that the crime scene had already begun to be labeled by the Monroe Police Department Crime Scene Unit. I observed that eighteen (18) pieces of evidence had already been labeled. In the crime, scene contact was made with Captain Rick Jones of the Monroe Police Department Crime Scene Unit.

Captain Rick Jones provided the following information: Captain Jones advised, he and Sgt. Ken Hancock had photographed and videoed the crime scene as well as labeled all evidence to be collected. Captain Jones said that no evidence had been collected from the crime scene prior to the Louisiana State Police arrival. Captain Jones stated Sgt. Hancock was currently at Saint Francis Emergency Room gathering evidence and photographing the body of Mr. Henderson.

An examination of the crime scene was conducted by Lt. Gates, Sgt. Harrell and myself, with the assistance of Captain Jones. All items labeled were explained by Captain Jones. This alley is a narrow alley approximately fifteen (15) feet wide and smaller in places. The alley is not maintained by the city and has a lot of vegetation along the fences with overhanging trees. The alley is a dirt alley. On both the east and west side of the alley is chain length yard fences, these fences or approximately four (4) feet in height. Movement in this alley is restricted to only north and south. The fences restrict movement east and west.

Once the initial examination of the crime scene was conducted Sgt. Harrell and myself departed the crime scene. Lt. Gates remained at the scene to collect all evidence. Sgt. Harrell and myself traveled to the Monroe Police Department to contact the officers involved in this shooting.

The initial interview with the officers involved in this shooting was to gather their weapons and obtain a brief statement of each officer’s involvement in this shooting.

Initial Interview Officer Michael Todd Willis
At approximately 2050 hours, Sgt. Harrell and myself made contact with Officer Michael Todd Willis at the Monroe Police Department. Officer Willis advised he did discharge his duty weapon approximately six (6) or seven (7) times with Mr. Henderson being approximately ten (10) feet from him (Willis) when the shooting occurred. Officer Willis said he was in the alley when the shooting occurred. Officer Willis’ service weapon a Glock 17, 9mm semi-automatic, Serial #CRS6O3US, one (1) Glock 17 magazine, ten (10) 9mm cartridges and one (1) mini micro cassette tape were seized from Officer Willis. Officer Willis advised his service weapon was loaded with eighteen (18) rounds at the beginning of his shift. Evidence Property Receipt #103379 was issued. This interview was concluded at approximately 2110 hours. (Evidence Exhibit #3 lA)

Initial Interview Officer Timothy Huff
At approximately 2115 hours, Sgt. Harrell and myself interviewed Officer Timothy Hitt at the Monroe Police Department. Officer Hitt advised he did not discharge his duty weapon. Officer Hitt stated he discharged the pepper ball gun which was used. Officer Hitt said he discharged the pepper ball gun more than twenty (20) times at Mr. Henderson. Officer Hilt stated the pepper ball gun had no effect on Mr. Henderson.
Officer Hilt was approximately eight (8) feet from Mr. Henderson when discharging the pepper ball gun. Officer Hitt said he was in a yard on the west side of the alley when the shooting occurred.
Officer Hill’s duty weapon, a Glock 17, 9mm semi-automatic, Serial #DNK261US, one (I) Glock 17 magazine, eighteen (18) cartridges and one (1) mini micro cassette tape was seized from Officer Hilt. Evidence Property Receipt #103374 was issued. This interview was concluded at 2133 hours. (Evidence Exhibit #32A)

Initial Interview Officer Damon A. Emfinger
At approximately 2140 hours, Sgt. Harrell and myself interviewed Officer Damon A. Emfinger at the Monroe Police Department. Officer Emfinger stated he did not discharge his duty weapon. Officer Emfinger advised he was in a yard on the east side of the alley when the shooting occurred.

Officer Emfinger stated he had given his audio tape to Officer Paul Brown, President of the Monroe Police Department Union.

This interview was concluded at approximately 2145 hours.

Initial Interview Officer Jerry W. Childress
At approximately 2150 hours, Sgt. Harrell and myself interviewed Officer Jerry W. Childress at the Monroe Police Department. Officer Childress stated he was the initial officer which received the complaint of a man armed with a knife in the South 8th Street area. Officer Childress stated he did not discharge his duty weapon. Officer Childress said he was in the alley when the shooting occurred.

Officer Childress had given his audio tape to Captain Jimmy Fried. Internal Affairs Commander of the Monroe Police Department.

This interview was concluded at approximately 2155 hours.

Initial Interview Reserve Officer Thomas Morgan Cannon
At approximately 2200 hours, Sgt. Harrell and myself interviewed Reserve Officer Thomas Morgan Cannon at the Monroe Police Department. Officer Cannon advised prior to the shooting he was assigned to ride with Officer Christopher Moore. At the time of the shooting Officer Cannon advised he was in a yard located on the east side of the alley. Officer Cannon stated he discharged his weapon three (3) times when the shooting occurred.

Officer Cannon’s weapon, a Glock 17, 9mm semi-automatic, Serial #DFP2O5US, with one (I) Glock 17, 9mm magazine and fourteen (14) cartridges was seized. Evidence Property Receipt #103380 was issued. (Evidence Exhibit #33A)

This interview was concluded at approximately 2210 hours

Initial Interview Officer John Drew
At approximately 2215 hours, Sgt. Harrell and myself interviewed Officer John Drew at the Monroe Police Department. Officer Drew advised he was the second officer to arrive on the scene to assist Officer Childress. Officer Drew stated he was in the alley when the shooting occurred.

Officer Drew said he was the officer who used the bean bag shotgun and discharged the bean bag shotgun three (3) times at the suspect. Officer Drew stated after hitting the suspect three (3) times with the bean bags he dropped the bean bag shotgun and drew his duty weapon. Officer Drew stated the bean bags did not stop the aggression of the suspect toward him at which time he discharged his duty weapon, four (4) to five (5) times.

Officer Drew indicated that the suspect was approximately twenty (20) feet from him when he discharged the bean bag shotgun. When Officer Drew discharged his duty weapon the suspect had advanced to approximately ten (10) feet from Officer Drew.

Officer Drew’s service weapon a Glock 17, 9mm semi-automatic, one (1) Glock 17 magazine with thirteen (13) cartridges was seized. Evidence Property Receipt #103360 was issued. (Evidence Receipt #34A)

Officer Drew turned his audio tape over to Detective Mark Huggins of the Monroe Police Department.

This interview was concluded at approximately 2230 hours.

Initial Interview Officer Joseph C. Hawkins
At approximately 2235 hours, Sgt. Harrell and myself interviewed Officer Joseph C. Hawkins. Officer Hawkins stated he was in a yard located on the east side of the alley when the shooting occurred. Officer Hawkins said he observed the suspect armed with a knife and chain. Officer Hawkins stated he discharged his weapon three (3) to five (5) times.

Officer Hawkins’ weapon a Glock 17, 9mm semi-automatic, Serial #DYR48IUS, one (I) Glock 17 9mm magazine with twelve (12) cartridges was seized. Evidence Property Receipt #103361 was issued. (Evidence Exhibit #35A)

Officer Hawkins released his audio tape and in car camera DVD to Detective Mark Huggins of the Monroe Police Department.

This interview was concluded at approximately 2250 hours.

Initial Interview Officer Christopher C. Moore
At approximately 2255 hours, Sgt. Harrell and myself interviewed Officer Christopher C. Moore at the Monroe Police Department. Officer Moore stated he was in a yard located on the east side of the alley when he observed the suspect. Officer Moore said the suspect was armed with a knife and chain. Officer Moore stated he discharged his duty weapon approximately seven (7) times.

Officer Moore’s weapon a Glock 22, .40 caliber, Serial #ZV4IOUS, with one (1) 15 round Glock 22 magazine and ten (10) cartridges was seized. Evidence Property Receipt #103362 was issued. (Evidence Exhibit #36A).

This interview was concluded at approximately 2305 hours.

Initial Interview Sgt. Susan Herring
At approximately 2320 hours, Sgt. Harrell and myself interviewed sg. Susan Herring at the Monroe Police Department. Sgt. Herring advised she is the 2nd Shift Supervisor and is the immediate supervisor for the officers assigned to the 2nd Shift. Sgt. Herring said when this shooting occurred she was at the scene. Sgt. Herring stated she gave permission for Officer Drew and Officer Hitt to use the less than lethal weapons due to the suspect not complying with the Officers’ request to drop the knife and chain. Sgt. Herring stated the pepper balls nor the bean bag rounds had no effect on the suspect.

Sgt. Herring said the officers fired upon the suspect only when he turned and charged toward the officers.

At approximately 2305 hours, Sgt. Harrell and myself met with Captain Jimmy Fried at the Monroe Police Department. Captain Jimmy Fried released the following items to me.

1. One (1) DVD in car video seized from Officer John Drew’s patrol vehicle
2. One (1) DVD in car video seized from Officer Bozeman’s patrol vehicle
3. One (1) DVD in car video seized from Officer Joey Hawkins’ patrol vehicle
4. One (1) audio mini cassette tape from Officer Damon Emfinger
5. One (1) audio mini cassette tape from Officer Joey Hawkins
6. One (1) audio mini cassette tape from Officer John Drew
7. One (1) audio mini cassette tape from Officer Jerry Childress

The following items were seized via Evidence Property Receipt #103363. (Evidence Exhibit #6 YB).

Patrol Officers of the Monroe Police Department are required to carry on their persons, mini audio cassettes to record all activity during their shifts. This is mandated by their policy and procedure.

Contact was made with Lt. Gerry Emerel of the Ouachita Parish Sheriffs Department Firearms Section. Lt. Emerel was asked to travel to the Monroe Police Department to assist North District Detectives in the inspection of weapons. Lt. Emerel inspected the weapons of the officers who did not discharge their duty weapons. Lt. Emerel and myself inspected the following officers’ weapons:

1. Officer Jerry Childress, Sig .357 caliber, Serial #SP0050894
2. Sgt. Susan Herring, Glock 9mm semi-automatic, Serial #YX757US
3. Officer Damon Emfinger, Glock 17, 9mm semi-automatic, Serial #ETU110US

All three (3) of these weapons were found not to have been fired by Lt. Gerry Emerel. Lt. Emerel provided a written report of his findings. (Attachment #1)

Upon completion of interviews with the officers involved in this shooting, Sgt. Harrell and myself advised Captain Jimmy Fried that our office would set up detail interviews with the officers at a later date.

At approximately 0030 hours, Monday, August 23, 2004, Sgt. Harrell and myself traveled to the North District Detectives, Monroe Field Office where contact was made with Lt. Gates. Lt. Gates advised he had seized all evidence from the crime scene. All evidence collected was secured at the Monroe Field Office.

At approximately 0800 hours, contact was made with the Chief Investigator of the Ouachita Parish Coroner’s Office, Todd Sylvester. Mr. Sylvester advised he was en route to Little Rock, Arkansas with the body of Mr. Henderson for an autopsy. Mr. Sylvester advised he would contact the Louisiana State Police when the autopsy was complete and release any evidence collected.

At approximately 0815 hours, contact was made with Deputy Jim Gregory, of the Ouachita Parish Crime Scene Unit with a request to assist the Louisiana State Police North District Detectives in the drying of Mr. Henderson’s clothing. Deputy Gregory assigned Deputy Mike Swallow to assist me in this process. Deputy Swallow traveled to the North District Detectives Monroe Field Office and retrieved the clothing worn by Mr. Henderson. The following items were released to Deputy Swallow via Evidence Property Receipt, at 0845 hours. (Evidence Item #61 D).

EVIDENCE ITEM #26
1. One (1) pair of Wrangler blue jeans
2. One (1) pair of black underwear
3. Two (2) socks
4. Two (2) wrist sweat bands
5. One (1) black glove
6. One (l) brown belt
7. Three (3) Olympic style medals
8. Two (2) cowboy style boots
9. One (1) silver wrist watch

Deputy Swallow transported the above listed items to the Ouachita Parish Sheriffs Office for drying.

At approximately 1030 hours, Sgt. Harrell, S/T Neal Harwell and S/T Mark Jones traveled to the area of South 8tli Street and South 9th Street to conduct a neighborhood canvas for potential witness. During this neighborhood canvas investigators made contact at approximately fitly one homes. Thirty (30) citizens were contacted. As a result of this neighborhood canvas several potential witnesses were discovered. The following is a list of potential witnesses discovered in this neighborhood canvas:

1. Robert Owens contacted by Sgt. Lee Harrell
2. LaTausha Buckly contacted by Sgt. Lee Harrell
3. Shelia Buckly contacted by Sgt. Lee Harrell
4. L’Quincy Lewis contacted by SIT Mark Jones
5. Sharon Causey contacted by SIT Mark Jones
6. Herman Colston contacted by S/T Mark Jones

Investigators advised each of the above listed parties that they would be contacted for an C’ additional interview. (Attachment #2)

On Monday, August 23, 2004 interviews were conducted with the following Monroe Police Department Officers:

1. Officer Jerry Childress
2. Sgt. Susan Herring
3. Officer Tim Hitt

Interview of Officer Jerry Childress
At approximately 1255 hours, SIT Harwell and myself conducted an interview with Officer Jerry Childress of the Monroe Police Department. This interview was conducted at the North District Detectives Monroe Field Office.

Prior to this interview, Officer Childress was advised of his Miranda Warnings, via Louisiana State Police, Statement of Rights Form. (Evidence Exhibit #3 7A) Officer Childress acknowledged his Miranda Warnings an agreed to provide investigators with a statement.

Officer Childress provided the following statement:

Officer Childress has been employed with the Monroe Police Department for approximately four years. Officer Childress is currently assigned to the patrol division on the 2nd Shift. On Sunday, August 22, 2004, Officer Childress was assigned to work Zone 3, which is south of Interstate 20.

At approximately 1730 hours, Sunday, August 22, 2004, Officer Childress was patrolling the area of Carol Drive when he was flagged down by an unidentified black female motorist. This complainant advised Officer Childress that there was an unidentified black male at the intersection of Orange Street and South 8th Street, waving a knife around. The complainant described the suspect as a black male, wearing blue jeans, no shirt and wearing something red around his neck.

Once Officer Childress received the complainant, Officer Childress contacted dispatch and advised dispatch of the complaint. Dispatch then assigned Officer John Drew to assist in this complaint.

Officer Childress said he recalled observing this subject which the complainant described to him, earlier in his shift walking on South 9th Street. Officer Childress explained that when he observed the subject walking on South 9th Street the subject was not armed.

At approximately 1737 hours, Officer Childress observed the suspect, Mr. Henderson, in the 800 block of South 8th Street. Mr. Henderson was observed standing on the east side of South 8th Street. As Officer Childress exited his unit, Officer Childress observed that Mr. Henderson was armed with a large knife, blade exposed, and a chain which was held in Mr. Henderson’s right hand. Officer Childress then observed Mr. Henderson turn and walk toward him (Officer Childress) in what Officer Childress described as an aggressive manner. Officer Childress drew his duty weapon and instructed Mr. Henderson to drop the knife and chain. Mr. Henderson replied to Officer Childress, “F*** you. You drop your gun.” Mr. Henderson then stopped walking toward Officer Chiidress. Officer Childress continued to instruct Mr. Henderson to drop the knife with no response from Mr. Henderson.

Mr. Henderson then turned away from Officer Childress and stated “F*** you. I am going home.”; Mr. Henderson then began to walk South on South 8th Street away from Officer Childress.

Officer Childress continued to walk behind Mr. Henderson giving him verbal commands to drop the knife. Officer Childress stated Mr. Henderson would only mumble and appeared to be incoherent. Officer Childress was then assisted by Officer John Drew and Officer Todd Willis.

After walking several hundred feet and Mr. Henderson not responding to the officers commands, Officer Childress stated he discussed the use of a pepper ball gun with Officer Drew. The pepper ball gun was requested, via radio.

Sgt. Susan Herring arrived at the officer’s location at the intersection of South 8th Street and Peach Street. Officer Childress stated that Officer Drew informed Sgt. Herring that she had a pepper ball gun in her unit and requested that she (Sgt. Herring) retrieve the pepper ball gun.

Mr. Henderson then entered into a field just west of South 8th Street. Once in the field Officer Childress observed Mr. Henderson turn and face the officers. Officer Childress said Mr. Henderson stated “I ain’t dropping the knife,”; and turns and walks away from the officers again.

Officer Childress then states he observed that Mr. Henderson was digging in his pants.

Officer Childress then feared that Mr. Henderson might be retrieving a gun. The fact that Mr. Henderson was digging in his pants was verbalized by all the officers to each other.

Officer Childress then observed Mr. Henderson turn around and face the officers again stating, “F*** yal. I don’t have a gun”; and walks away from the officers again.

Mr. Henderson then enters into an alley located between South 8th and South 9th Streets, walking south. Once in the alley Officer Childress said additional officers arrived at his location from South 9th Street. These officers were in the back yards and not in the alley with Officer Cbildress at this time Officer Childress was not aware who these officers were. The only officers in the alley with Ms. Henderson were, Officer Childress, Officer Drew, Officer Willis and Sgt. Herring.

Officer Childress said the only officer he observed was Officer Tim Hill, who was telling fellow officers that he was going to engage Mr. Henderson with the pepper ball gun.

Officer Childress observed Officer Hill firing the pepper ball gun at Mr. Henderson ten (10) to twenty (20) times. Officer Childress could hear the pepper ball gun cycling, but did not see the pepper balls striking Mr. Henderson. It was learned by Officer Childress that the pepper ball gun had malfunctioned.

Officer Childress stated the firing of the pepper ball gun agitated Mr. Henderson even though the pepper ball gun was not working. Mr. Henderson turned around in the alley and faced the officers and began cursing loudly and swinging the knife. Officer Childress then stated Mr. Henderson turned around and proceeded to walk south in the alley.

Officer Childress said by this time Officer Drew had retrieved the bean bag shotgun from Sgt. Herring and took up a forward position in front of Officer Childress. Officer Childress stated he holstered his weapon because Officer Drew was directly in front of him (Officer Childress). Officer Drew obtained permission from Sgt. Herring to use the bean bag shotgun.

As Mr. Henderson passed a small shed on the west side of the alley, Officer Childress could hear the pepper ball gun being discharged again at Mr. Henderson. Officer Childress could observe the pepper balls striking Mr. Henderson in the back and left shoulder area. When the pepper balls struck Mr. Henderson, Mr. Henderson turned to his left toward the pepper balls. The pepper balls continued to strike Mr. Henderson this time in the chest area. The pepper balls were having no effect on Mr. Henderson.

Officer Childress stated this again agitated Mr. Henderson. Mr. Henderson began to yell something. Officer Childress then observed Mr. Henderson lunge, in an almost like run, toward Officer Drew and Officer Willis.

The next thing Officer Childress observed was Mr. Henderson going to the ground on his knee or butt. Officer Childress could not recall exactly how Mr. Henderson went down to the ground. Officer Childress said he did not recall hearing any shots being fired. Officer Childress only remembered seeing Mr. Henderson go to the ground. Officer Childress then heard loud commands being given to Ms. Henderson by the other officers to stay down and drop the knife. Officer Childress saw that Mr. Henderson was still holding the knife and chain in his right hand.

Officer Childress then observed Officer Drew advancing toward Mr. Henderson telling him to stay on the ground. Suddenly, Officer Drew stopped advancing toward Mr. Henderson. Officer Childress then saw Mr. Henderson unbelievably jump up and lunge toward Officer Drew. It was at this time Officer Childress could hear gun fire coming from all directions. Officer Childress then observed Mr. Henderson fall to the ground on his back, still holding the knife and chain. Officers then advanced on Mr. Henderson and removed the knife and chain from Mr. Henderson’s right hand.

Medical assistance was requested immediately after the shooting. Officer Childress ( stated they secured the crime scene and notified supervisors of the shooting.

Officer Childress said he did not discharge his weapon because Officer Drew was in his line of fire. Once the area was secured Officer Childress and the other officers involved were separated and transported to the Monroe Police Department.

Officer Childress said this was the first time he had ever had any dealings with Mr. Henderson.

An audio statement was given by Officer Childress. (Evidence Exhibit #37B & 37C)

This interview was concluded at approximately 1440 hours.

Interview of Sgt. Susan Herring
At approximately 1450 hours, Monday, August 23, 2004, S/T Neal Harwell and myself interviewed Sgt. Susan Herring of the Monroe Police Department. This interview was conducted at the North District Detectives Monroe Field Office.

Prior to this interview Sgt. Herring was advised of her Miranda Warnings, via Louisiana State Police, Statement of Rights Form. (Evidence Exhibit #38A) Sgt. Herring acknowledged these warnings and agreed to provide us with a statement.

Sgt. Herring has been employed with the Monroe Police Department for approximately twenty (20) years. Sgt. Herring is currently assigned to the patrol division as a second shift supervisor.

Sgt. Herring was working on Sunday, August 22, 2004, when she heard a complaint dispatched across the radio of a black male with no shirt on, in the 1400 block of Orange Street, threatening people with a large knife. 5g. Herring heard Officer Childress respond to the complaint. Sgt. Herring also herd on the radio Officer Childress stating that he (Officer Childress) had observed a subject earlier in the shift matching that description, but the subject was not armed. Officer Drew was assigned to assist Officer Childress with this complaint.

Sgt. Herring later heard Officer Childress request additional units as soon as possible as well as a supervisor. Sgt. Herring advised dispatch that she was en route to Officer Childress’ location.

Upon Sgt. Herring arriving at South 8th Street, Sgt. Herring observed Officer Childress and Officer Drew with their weapons drawn and a black male walking away from the officers. Sgt. Herring observed the black male was not wearing a shirt and had some type of cloth or chain around his neck. Sgt. Herring also observed Mr. Henderson had a large knife and chain in his right hand and an umbrella in his left hand.

As Sgt. Herring was arriving on the scene, so was Officer Todd Willis. Sgt. Herring could hear the officers instructing Mr. Henderson to drop the weapons, but Mr. Henderson refused these commands and continued to walk away from the officers. Sgt. Herring observed Mr. Henderson to turn and look at the officers and mumble, not saying anything which made any sense.

From South 8th Street, Mr. Henderson entered into a field walking toward South 9th Street. Sgt. Herring would observe Mr. Henderson to turn several times toward the officers and mumble things which did not make any sense. Once in the field Officer Drew advised Sgt. herring that she had a bean bag shotgun in the trunk of her vehicle. Officer Drew then informed Sgt. Herring that he (Officer Drew) was certified to use this weapon. Sgt. Herring stated she returned to her patrol unit and retrieved the bean bag shotgun case from her trunk.

Sgt. Herring then took the gun case and gave it to Officer Drew. Officer Drew assembled the bean bag shotgun and returned to Mr. Henderson. By this time the officers and Mr. Henderson had entered into the alley located between South 8th and South 9th Street, and were walking south.

Once in the alley Sgt. Herring observed that Mr. Henderson was becoming increasingly agitated with the officers’ presence. It was obvious to Sgt. Herring that Mr. Henderson was not going to comply with their request to drop his weapons.

When Officer Drew returned to Sgt. Herring’s location, Sgt. Herring observed Officer Drew take up a forward position with the bean bag shotgun. Sgt. Herring also observed other officers approaching the area through yards from South 9th Street.

Sgt. Herring observed Officer Huff in a yard with some type of weapon. Officer Drew then asked Sgt. Herring for permission to use the bean bag shotgun. Sgt. Herring said she then gave Officer Drew permission to use the bean bag shotgun.

Sgt. Herring observed Officer Hitt shooting the pepper ball gun, but she did not observe any pepper balls striking Mr. Henderson. The pepper ball gun stopped for a few seconds and then Officer Hitt began to fire the pepper ball gun a second time. This time Sgt. Herring observed the pepper balls striking Mr. Henderson. Sgt. Herring stated this made Mr. Henderson mad and he turned toward the officers, still being shot with the pepper ball gun in the chest and face area. Sgt. Herring stated the pepper balls had no effect on Mr. Henderson. Sgt. Herring then observed Mr. Henderson lunge toward the officers with the knife, at which time the officers fired upon Mr. Henderson with their duty weapons. Sgt. Herring said there were only a couple of shots fired which struck Mr. Henderson; however Mr. Henderson did not go to the ground. After the first set of shots Mr. Henderson still refused the officers commands to drop the knife and to get on the ground. Mr. Henderson then continued his aggression toward the officers at which time the officers fired a second time at Mr. Henderson. After the second round of weapons discharge with Mr. Henderson, Mr. Henderson went to the ground where he remained.

Sgt. Herring advised she secured the scene and separated the officers until Lt. Virgil Parker assumed control of the scene.

An audio statement was given by Sgt. Herring. (Evidence Exhibit #38B & 3W)

This interview was concluded at approximately 1515 hours.

Interview of Officer Timothy Hitt
At approximately 1530 hours, Sunday, August 23, 2004, S/T Neal Harwell and myself interviewed Officer Timothy Hitt of the Monroe Police Department. This interview was conducted at the North District Detectives Monroe Field Office.
Prior to this interview with Officer Hitt, Officer Hitt was advised of his Miranda Warnings, via Louisiana State Police, Statement of Rights Form. Officer Hill acknowledged these warnings and agreed to provide investigators with a statement.

Officer Hitt had present for this interview his attorney. Mr. Stephen Jefferson. Mr. Jefferson also signed Officer Hilt’s wavier of rights. (Evidence Exhibit #32B)

Officer Hitt has been employed with the Monroe Police Department for approximately four (4) years. Officer Hitt has been a police officer for approximately seven (7) years. Officer Hitt is currently assigned to the patrol division and is currently working the second shift.

On Sunday, August 22, 2004, Officer Hitt was working the shift when he heard Officer Childress notify Monroe Police dispatch that he (Officer Childress) was flagged down by a citizen, who reported to him that there was an unidentified black male with no shirt on around Orange Street and South 9th Street, waving a knife. Officer Hitt heard Officer Childress notify dispatch that he was out with the suspect, Mr. Henderson, in the 800 block of South 8th Street.

A short time after Officer Childress called out with Mr. Henderson. Officer Hitt heard, via radio, that he (Officer Childress) needed more assistance. Officer Hitt was then dispatched to assist Officer Childress. Officer Hitt advised he was at the intersection of Forsythe Avenue and North 18th Street when he was dispatched.

Officer Hitt was directed to the South 9th Street area by Lt. Virgil Parker. Officer Hitt arrived in the South 9th Street area, at which time he observed Mr. Henderson in a vacant lot walking east toward South 9th Street. Officer Hitt observed two (2) to three (3) officers walking behind Mr. Henderson. Officer Hitt did not know who these officers were.

Lt. Parker summoned Officer Hitt to his (Lt. Parker’s) unit, at which time Lt. Parker provided Officer Hitt with the pepper ball gun. Officer Hitt assembled the pepper ball gun and proceeded through a yard of 1004 South 9th Street to intercept Mr. Henderson.

When Officer Hill entered into the rear of this yard, Officer Hitt observed Mr. Henderson to be holding a chain in his left hand and a knife in his right hand. Officer Hitt issued commands to Mr. Henderson to drop the knife, but Mr. Henderson ignored Officer Hitt’s commands. Officer Hitt then engaged Mr. Henderson with the pepper ball gun. Officer Hitt stated the pepper ball gun malfunctioned at this time. Officer Hitt cleared the malfunction of the pepper ball gun and observed Mr. Henderson had already walked out of his vision due to a small shed.

Officer Hitt proceeded to the shed in the rear of 1004 South 9th Street, at which time Officer Hitt issued commands for Mr. Henderson to drop the knife. Officer Hitt’s commands were not followed by Mr. Henderson. Officer Hitt then engaged Mr. Henderson with the pepper ball gun for the second time. Officer Hitt said as he was firing at Mr. Henderson, he (Officer Hitt) could see the pepper balls striking Mr. Henderson in the back, four (4) to six (6) times with no effect. Officer Hitt then changed his point of aim to the shoulder and neck area of Mr. Henderson. Officer Hitt struck Mr. Henderson several times in the shoulder area with no response from Mr. Henderson. When Officer Hitt struck Mr. Henderson in the neck area with the pepper ball, Mr. Henderson turned around and faced Officer Hitt. Officer Hitt continued to deploy the pepper balls at Mr. Henderson, striking him in the chest area approximately five (5) to six (6) times. Officer Hitt then observed Mr. Henderson raise the knife up in the air and focus on Officer Hitt. Officer Hitt could hear Mr. Henderson say. “Leave me the f*** alone.”

Officer Hitt then stated Mr. Henderson turned his attention from him (Officer Hitt) and turned toward Officer Childress who was in the alley. Officer Hitt said he never stopped shooting Mr. Henderson with the pepper hail gun during Mr. Henderson’s movement. Officer Hitt said he struck Mr. Henderson numerous times with the pepper balls in the chest and head in an attempt to stop Mr. Henderson’s aggression towards the officers in the alley. Officer Hitt observed the pepper balls exploding and the pepper dust dispensing around Mr. Henderson. The pepper balls had no effect on Mr. Henderson. According to Officer Hitt the pepper balls did nothing, but anger Mr. Henderson and made him more aggressive toward the officers.

Mr. Henderson then lunged in a run toward Officer Childress who was in the alley. Officer Hitt stated Mr. Henderson was approximately eight (8) feet from the officers in the alley when he lunged toward them.

Officer Hitt then heard weapons being discharged. Officer Hill observed Mr. Henderson fall to the ground on all fours, with his hands and knees holding Mr. Henderson up. When Mr. Henderson was on the ground, officers instructed Mr. Henderson to stay on the ground. Officer Hitt said it was obvious that Mr. Henderson was injured by the gun fire, but this also did not seem to have an effect on Mr. Henderson.

Mr. Henderson did not do as instructed by officers and got up off of the ground still armed with the knife. Mr. Henderson raised the knife a second time and advanced toward the officers in the alley, at which time Officer Hitt heard more shots being fired. Mr. Henderson then fell to the ground on the west side of the alley.

When Mr. Henderson fell to the ground the second time, officers advanced toward Mr. Henderson and observed Mr. Henderson still clutching the knife. The knife and chain were removed from Mr. Henderson by Officer Christopher Moore. Medical assistance was then requested for Mr. Henderson. Mr. Henderson was not restrained by officers, due to his condition.

Officer Hitt identified the officers in the yard with him at the time of the shooting as being, Officer Emfinger, Officer Moore and Officer Cannon.

Officer Hitt stated he has been qualified with the pepper ball gun for some time and has used the pepper ball gun numerous times while in the performance of his duties. Officer Hitt says the pepper ball gun has two effects on a violator: One is physiological; the thought of actually being shot and the second effect is the actual affect of the OC powder in the ball. Officer Hitt says it normally takes only four (4) to five (5) pepper balls to stop a violator in his experience.

An audio statement was given by Officer Hitt. (Evidence Exhibit #32C & 32E) This interview was concluded at approximately 1550 hours.

At 1525 hours, just prior to our interview with Officer Hitt, I released Officer Hitt’s weapon to him via evidence property receipt. (Evidence Exhibit #32D). Officer Hitt’s weapon was seized on Sunday, August 22, 2004, prior to the weapons being inspected by Lt. Gerry Emerel. On Monday, August 23, 2004, Lt. Gerry Emerel was contacted and traveled to the North District Detectives Monroe Field Office and inspected Officer Hitt’s service weapon, a Glock 17, 9mm semi-automatic, Serial #DNX26 1 US. Lt. Emerel found Officer Hill’s weapon not to have been fired.

At approximately 1845 hours, Sgt. Lee Harrell notified me that the Monroe Police Department was requesting my assistance at 1009 South 9th Street. This residence was discovered on Sunday, August 22, 2004 to have been struck by bullets. No one was at home when these bullet strikes were found by the Monroe Police Department Crime Scene Unit.

At approximately 1915 hours, I arrived at 1009 South 9th Street and made contact with Detective Mark Napier of the Monroe Police Department. Detective Napier stated the owner of the residence at 1009 South 9th Street, Lucien Carter, returned to his residence on this date and discovered several bullet holes in his residence. Detective Napier explained Sgt. Ken Hancock with the Crime Scene Unit was in the residence processing the crime scene. Sgt. Hancock had requested my assistance in this matter.

Contact was made with Sgt. Hancock at the rear of the residence. I observed Sgt. Hancock photographing the bullets and bullet holes, which had been located in the residence. Sgt. Hancock stated he had located four (4) bullets at this residence. Sgt. Hancock had labeled these bullets and photographed them.

At 1938 hours, I collected four bullets from 1009 South 9th Street, labeled as Evidence Exhibit Item #20A, 20B, 20C and 20D. Evidence was secured and transported to the North District Detectives Monroe Field Office. This evidence was locked in the vault.

Sgt. Hancock also released items of evidence seized earlier in the day by the Monroe Police Department Crime Scene Unit. (Evidence Exhibit #61E)

On Tuesday, August 24, 2004, Sgt. Lee Harrell received information of a potential witness who had observed Mr. Henderson acting in a strange way just prior to this shooting. This witnessed was identified to Sgt. Lee Harrell as Wilbur Bishop, who is an employee at Russell Moore Lumber Yard. Sgt. Harrell also informed me that he had received a call from a Ms. Sharon Ricks, who had stated she had observed the shooting and wished to provide investigators with a statement.

Interview of Officer Damon Emfinger
At approximately 1115 hours, Tuesday, August 24, 2004, S/T Neal Harwell and myself interviewed Officer Damon A. Emfinger of the Monroe Police Department. This interview was conducted at the North District Detectives Monroe Field Office.

Prior to this interview Officer Emfinger was advised of his Miranda Warnings, via Louisiana State Police, Statement of Rights Form. Officer Emfinger acknowledged these warnings and agreed to provide investigators with a statement. (Evidence Exhibit #39A)

Officer Emfinger has been employed with the Monroe Police Department for approximately 2 years. Officer Emfinger has a total of approximately 7 years of law enforcement experience. Officer Emfinger is assigned to the patrol division of the Monroe Police Department and is currently assigned to the 2nd Shift, which is the evening shift, 1400 hours to 2400 hours.

Officer Emfinger was working the 2nd Shift on Sunday, August 22, 2004, eating lunch with Officer Joey Hawkins, when he heard Monroe Police dispatch, dispatching a unit to South 8th Street and Orange Street on a complaint with a black male with no shirt on lying on the ground. Officer Emfinger recalled Officer Childress to be the first unit to arrive in the area of South 8th Street.

Officer Emfinger then heard Officer Childress “break in” on the radio traffic and request additional units to his location around South 8th Street and Orange Street. Officer Childress also requested dispatch hold all radio traffic for him. Officer Emfinger and Officer Hawkins then departed the restaurant and notified dispatch that they (Emfinger & Hawkins) would be responding to Officer Childress’ request.

Officer Emfinger was directed to respond to the South 9th Street area by Lt. Virgil Parker. Officer Emfinger arrived in the 1100 block of South 8th Street along with Lt. Parker, Officer Hawkins, and Officer Hitt. Officer Emfinger stated he believed he entered into the yard of 1104 South 9th Street and proceeded to the rear of the residence to intercept the officers which were walking behind the suspect, Mr. Henderson. Officer Emfinger observed homeowners in their yards at which time they were instructed to go inside their residences for their safety.

As Officer Emfinger reached the back of the yard at the alley, Officer Emfinger observed a black male, approximately 6’0”, 220 to 230 lbs, wearing blue jeans with no shirt on. Officer Emfinger observed the suspect, Mr. Henderson, carrying a big chain and a large “lock” blade knife, with the blade exposed, in his right hand.

Officer Emfinger could hear the officers following Mr. Henderson giving loud commands for Mr. Henderson to drop the knife. Officer Emfinger observed Mr. Henderson to turn and challenge the officers and curse at them, (officers), stating “F*** ‘yall, you don’t faze me.

Officer Emfinger approached the fence in the rear of the yard, at which time he observed Officer Hitt approaching stating he had the pepper ball gun. Officer Emfinger observed Officer Hitt engage Mr. Henderson with the pepper ball gun. Officer Emfinger noted that the pepper ball gun was malfunctioning and was not dispersing pepper balls. Officer Emfinger told Officer Hitt the pepper ball gun was malfunctioning.

Officer Emfinger, Officer Hitt and Officer Hawkins walked in the yard with Mr. Henderson still walking south in the alley. Officer Emfinger observed Officer Hawkins approach the fence and ask Mr. Henderson to stop and talk with him (Officer Hawkins) and to face him (Officer Hawkins). Officer Hitt then began to discharge the pepper ball gun at Mr. Henderson. Officer Emfinger stated the pepper ball gun was working properly this time. Officer Emfinger could see the pepper balls striking Mr. Henderson in his left arm and stomach area. Once being struck with the pepper balls, Mr. Henderson’s demeanor changed and Mr. Henderson turned toward the officers in the yard and started cussing at the officers, stating “F*** ’yall, you don’t faze me.” The pepper balls had no obvious physical affect on Mr. Henderson. Officer Emfinger then observed Mr. Henderson raise the knife and start charging toward the officers in the alley. When Mr. Henderson turned and charged toward officers, Officer Emfinger stated he was approximately six (6) feet from Mr. Henderson. Officer Emfinger stated the officers in the alley were approximately five (5) to six (6) feet from Mr. Henderson when he charged at them (officers).

Officer Emfinger then heard gun shots being fired toward Mr. Henderson. Officer Emfinger did not recall how many shots were fired before Mr. Henderson stopped his aggression toward the officers in the alley and went to the ground. Officer Emfinger stated Mr. Henderson did not go all the way to the ground. Mr. Henderson had his hand on the ground holding himself up. Commands were given to Mr. Henderson to stay on the ground. Mr. Henderson was still armed at this point and had not dropped the knife.

Officer Emfinger then observed Mr. Henderson get back on his feet and charge the officers in the alley a second time. Officer Emfinger then heard a second volley of shots being fired at Mr. Henderson, which resulted in Mr. Henderson falling to the ground. Once Mr. Henderson was on the ground, officers were able to advance to Mr. Henderson and remove the knife and chain from his grasp. Officer Moore removed the knife and chain from Mr. Henderson.

Officer Emfinger stated he did not discharge his duty weapon because there were other officers in front of him and he did not want to risk their lives by discharging his weapon. Officer Emfmger said Officer Hitt, Officer Chris Moore, Officer Hawkins and a Reserve Officer were slightly in front of him (Officer Emfinger), which prevented him from discharging his weapon.

An audio statement was given by Officer Emfinger. (Evidence Exhibit #39B & 39C)

At approximately 0900 hours, Tuesday, August 24, 2004, Sgt. Lee Harrell notified me that he had been contacted by a Sharon Ricks who resides at 1006 South 9th Street. Ms. Ricks told Sgt. Harrell that she (Ms. Ricks) witnessed the shooting which occurred on Sunday, August 22, 2004. Ms. Ricks expressed her wishes to provide investigators with a statement. Sgt. Harrell set an appointment with Ms. Ricks for 1300 hours, August 24, 2004.

At approximately 1305 hours, S/T Neal Harwell located Wilbur Bishop at his place of employment, Russell Moore Lumber Yard, 5000 Hwy 165, South Lot #30, Monroe, La.

S/T Harwell obtained a verbal statement from Mr. Bishop. Mr. Bishop told S/T Harwell that he did not witness the shooting, but observed Mr. Henderson attacking a stop sign with a knife prior to this shooting. Mr. Bishop did not wish to give a recorded statement at this time due to being busy at work. Mr. Bishop agreed to give a recorded statement at a later date.

1st Interview with Sharon Rent Ricks
At approximately 1310 hours, Tuesday, August 24, 2004, Sgt. Harrell and myself interviewed Ms. Sharon Rene Ricks at her residence located at 1006 South 9th Sweet.

Ms. Ricks provided investigators with the following statement. Ms. Ricks stated on Sunday afternoon, August 22, 2004, she was at her residence with her parents when she heard police cars with their sirens going stop in front of her residence. Ms. Ricks said she exited her residence to see what was going on. Ms. Ricks could hear the police telling everyone to go inside the house.

Ms. Ricks observed the officers and Mr. Henderson walking in the alley behind her residence. Ms. Ricks saw the officers “stunning” Mr. Henderson. Ms. Ricks could hear Mr. Henderson say, “leave me alone.” Ms. Ricks could see Mr. Henderson’s body smoking from what ever the officers were “stunning” him (Mr. Henderson) with. Ms. Ricks said this was not affecting Mr. Henderson.

Ms. Ricks then said it appeared to her that Mr. Henderson just got tired of it and stopped walking. Ms. Ricks then observed Mr. Henderson lean over and he appeared to be picking up something, maybe a stick. Ms. Ricks said Mr. Henderson did not lean down to the ground, but about halfway down. As Ms. Ricks was demonstrating this motion in which Mr. Henderson made, she leaned over slightly with her right hand. Ms. Ricks then demonstrated the move which Mr. Henderson made toward the officers. Ms. Ricks turned to her left with her right arm and hand extended in a forward position. Ms. Ricks’ body was leaning slightly forward and her right arm and hand was pointed forward as she made her steps. Ms. Ricks’ right hand was clinched tight with her thumb pointing forward.

Ms. Ricks went on to say when Mr. Henderson picked up what ever he picked up, Mr. Henderson turned around toward the officers in the alley and made a couple of steps toward the officers. Mr. Henderson. while walking toward the officers, was then shot by the officers.

Ms. Ricks saw Mr. Henderson go down to the ground. Ms. Ricks said Mr. Henderson did not go all the way down to the ground and then he (Mr. Henderson) got back up and the officers shot Mr. Henderson a second time.

Ms. Ricks stated she never saw what Mr. Henderson had in his hands. Ms. Ricks said she could not see Mr. Henderson’s hands because of the fence and the foliage on the fence.

An audio statement was given by Ms. Ricks. (Evidence Exhibit #40A & 40B)

This statement was concluded at approximately 1340 hours.

On Tuesday, August 24, 2004, all evidence was logged and prepared for transportation to the Louisiana State Police Crime Lab.

At approximately 1650 hours, Deputy Swallow with the Quachita Parish Sheriffs Office Crime Scene Section returned the clothes worn by Mr. Henderson, Evidence Item #26.

The drying of Mr. Henderson’s clothing had been completed. Evidence Property receipt signed. (Evidence Exhibit #6 ID)

The following is a list of evidence seized from the crime scene on Sunday, August 22, 2004:

ITEM# and EVIDENCE DESCRIPTION:
1. One (1) Remington Model 870, 12 gauge shotgun, Serial #V841473, with one (1), black gun case, listed as Item #1.
2. One (1) WCC 9mm, +P▒ shell casings listed as 2A, One (1) WCC 9 nun, +P+ shell casings listed as 211, One (1) WCC 9 nun, +P▒ shell casings listed as 2C.
3. One (1) Fiocchi 12, 12 gauge shot gun bean bag round, listed as Item #3.
4. One (1) Fiocchi 12, 12 gauge bean bag hulls, listed as 4A. One (1) Fiocchi 12, 12 gauge bean bag hulls, listed as 4B.
5. One (1) Graduate School USDA Sunglasses, listed as Item #5.
6. One (1) Pepper ball (Intact) listed as Item #6.
7. One (1) flashlight purple in color, listed as Item #7A, One (1) red umbrella, listed as Item 7B.
8. One (1) WCC -4-P▒ 9mm shell casing listed as Item #8A. One (1) Fiocchi 12, 12 gauge bean bag hull, listed as Item #8B.
9. One (1) pepper ball fragment, listed as Item #9.
10. One (1) pepper ball fragment, listed as Item #10.
11. One (1) WCC 9mm +P+ shell casing, listed as Item #11.
12. One (1) WinchestEr .40 caliber shell casing, listed as Item #12A, One (1) WCC 9mm +P+ shell casing, listed as Item #12B, One (1) Winchester .40 caliber shell casing, listed as Item #12C, One (1) WCC 9mm ▒P+ shell casing listed as Item #12D, One (I) Winchester .40 caliber shell casing, listed as Item #12E, One (1) Winchester .40 caliber shell casing, listed as Item #12F, One (I) WCC 9nwn, +P+ shell casing, listed as Item #12G, One (I) WCC 9mm, ▒P+ shell casing, listed as Item #12H, One (1) Winchester .40 caliber shell casing, listed as Item #121, One (I) Winchester .40 caliber shell casing, listed as Item #1 2J, One (I) WCC 9mm, +P+ shell casing, listed as Item #12K.
13. One (1) K-Bar two (2) blade knife opened, listed as Item #13A, One (1) chain approximately three feet in length, listed as Item #13B.
14. One (1) WCC 9mm, +P▒ shell casing, listed as Item #14.
15. One (1) bean bag, listed as Item #15.
16. One (l) pepper ball (Intact), listed as Item #16A, One (I) pepper ball (Intact), listed as Item #16B.
17. One (1) WCC 9mm, +P+ shell casing, listed as Item #17.
18. One (1) WCC 9mm, +P▒ shell casing, listed as Item #18A, One (1) WCC 9mm, +P+ shell casing, listed as Item #18B, One (1) WCC 9nun, ▒P+ shell casing, listed as Item #18C.

The above listed items were seized by Lt. Dusty Gates while at the crime scene from 2030 hours to 2300 hours, Sunday, August 22, 2004.

Transfer of evidence from Lt. Gates to Tfc Cummings, via Evidence Property Receipt. (Evidence Exhibit #61 C)

19. One (I) WCC 9mm, +P+ shell casing, listed as Item #19A. One (1) WCC 9mm, ▒PI- shell casing, listed as Item #19B. One (I) WCC 9mm, +P▒ shell casing, listed as Item #19C. Seized by Sgt. Ken Hancock Monroe Police Department Crime Scene Monday, August 23, 2004. Released Evidence Property Receipt to Tfc. Cummings. (Evidence Exhibit #6 XE)
20. One (1) bullet fragment, listed as Item #20A, One (I) bullet fragment, listed as Item #2011, One (1) bullet fragment, listed as Item #20C, One (I) bullet fragment, listed as Item #20D. Items #20A, 20B, & 20C seized by Tfc. Todd L. Cummings, August 23, 2004. Item #20D, seized by Sgt. Ken Hancock, August 23, 2004.
21. One (1) Glock 17,9mm Serial #CRS6O3US, one (1) Glock 17, 9mm magazine with ten (10) WCC 9mm +P+ cartridges, listed as Item #21. Officer Todd Willis’ weapon. Item #21, seized by Tfc Todd L. Cummings, August 22,2004.
22. One (1) Glock 17, 9mm Serial #DFP2O5US, one (1) Glock 17, 9mm magazine with fourteen (14) WCC 9mm +P+ cartridges, listed as Item #22. Officer Thomas Cannon’s weapon. Item #22, seized by Tfc. Todd L. Cummings, August 22, 2004.
23. One (1) Glock 17, 9mm Serial #DPKS75US, one (1) (flock 17, 9mm magazine with thirteen (13) WCC 9mm ▒P+ cartridges, listed as Item #23. Officer John Drew’s weapon. Item #23, seized by Tfc. Todd L. Cummings, August 22, 2004.
24. One (1) Glock 17, 9mm Serial #DYR48XUS, one (I) Glock 17, 9mm magazine with (12) twelve WCC 9mm +P+ cartridges, listed as Item #24. Officer Joey Hawkins weapon. Item 24, seized by Tfc. Todd L. Cummings, August 22,2004.
25. One (1) Glock 22, .40 caliber, Serial #ZV4IOUS, one (1) Glock 22, .40 caliber magazine with ten (10) .40 caliber cartridges, listed as Item #25. Officer Chris Moore’s weapon. Item #25, seized by Tfc. Todd L. Cummings, August 22, 2004.
26. One (1) pair of wrangler blue jeans, one (I) pair of black underwear, one (1) pair of white socks, one (1) black glove, two (2) red sweat bands, one (I) Timex watch, two (2) medals with attached ribbons, one (1) ribbon and one (1) pair of cowboy style boots, listcd as Item #26. Item #26, seized by Lt. Dusty Gates from Sgt. Hancock, on Sunday, August 22, 2004.
27. One (1) CD Disc seized from in car camera, listed as Item #27A. One (1) CD Disc seized from in car camera, listed as Item #27B. One (I) CD Disc seized from in car camera, listed as Item #27C.
28. One (1) mini audio cassette recording, seized from Officer Todd Willis, listed as Item #28A. One (1) mini audio cassette recording, seized from Officer Tim Hitt, listed as Item #28B. One (I) mini audio cassette recording, seized from Officer Joey Hawkins, listed as Item #28C. One (I) mini audio cassette recording, seized from Officer John Drew, listed as Item #28D. One (I) mini audio cassette recording, seized from Officer Jerry Childress, listed as Item #28E. One (1) mini audio cassette recording, seized from Officer Damon Emfmger, listed as Item #28F. One (1) mini audio cassette recording, seized from Officer Chris Moore, listed as Item #28G.
29. One (1) bullet fragment, listed as Item #29A. One (1) bullet fragment, listed as Item #29B. One (1) bullet fragment, listed as Item #29C. One (I) bullet fragment, listed as Item #29D. One (1) bullet fragment, listed as Item #29E. One (I) bullet fragment, listed as Item #29F. One (1) bullet fragment, listed as Item #29G. One (I) bullet fragment, listed as Item #29H. One (1) bullet fragment, listed as Item #29I. One (1) bullet fragment, listed as Item #29J. One (1) bullet fragment, listed as Item #29K. One (I) bullet fragment, listed as Item #29L. One (1) bullet fragment, listed as Item #29M. One (I) bullet fragment, listed as Item #29N. One (1) bullet fragment listed as Item #29O. One (I) bullet fragment, listed as Item #29P.
These items were seized during the autopsy of Mr. Henderson.
30. One (I) Rubbermaid box #2161, containing one (1) Tippan Pro Carbine pepper ball gun with hopper, Monroe Police Department Property Control #012141, listed as Item #30.

On Wednesday, August 25, 2004, S/T Mark Jones transported all evidence to the Louisiana State Police Crime Lab for processing.

Interview of Officer Joseph “Joey” Hawkins
At approximately 1240 hours, Wednesday, August 25, 2004, Sgt. Lee Harrell and myself interviewed Officer Joey Hawkins of the Monroe Police Department. This interview was conducted at the North District Detectives Monroe Field Office.

Prior to this interview Officer Hawkins was advised of his Miranda Warnings, via Louisiana State Police, Statement of Rights form. Officer Hawkins acknowledged these warnings and agreed to provide investigators with a statement. Officer Hawkins requested his attorney, Mr. John Spires, be present for this interview. Officer Hawkins signed his statement of rights with Mr. Spires witnessing. (Evidence Exhibit #35B)

Officer Hawkins has been employed with the Monroe Police Department since February of 2001, approximately 3 1/2 years. Officer Hawkins has been a law enforcement officer for approximately 6 1/2 years. Officer Hawkins is currently assigned to the patrol division of the Monroe Police Department and is assigned to the 2nd Shift, 1400 hours to 2400 hours.

Officer Hawkins was working on 2nd Shift on Sunday, August 22, 2004, eating lunch with Officer Damon Emfinger when he heard on the radio Officer Jerry Childress call out with a subject who was not wearing a shirt. Officer Hawkins and Officer Emfinger had finished their meal and was walking to their units when they heard Officer Childress in an excited tone, advise dispatch that he (Officer Childress) needed additional units at his location.

Officer Hawkins and Officer Emfinger then proceed to Officer Childresg’ location. While en route to Officer Childress’ location, Officer Hawkins learns from radio traffic that Officer Cbildress is with a subject who is armed with a knife. While traveling to Officer Childress’ location, Officer Hawkins advised Officer Hitt joins them (Officer Hawkins & Officer Emfinger) en route to Officer Childress.

Officer Hawkins states the back up units were directed to respond to South 9th Street to get in front of the suspect. Once on South 9th Street, in the 1000 block or the 1100 block, Officer Hawkins observes Lt. Parker already on South 9th Street. Officer Hawkins observed Officer Hitt retrieving the pepper ball gun from Lt. Parker.

Officer Hawkins and Officer Emfinger then proceed into a yard and gave instructions for citizens to enter into their homes for their safety. As Officer Hawkins enters into the rear of the yard, he observes a citizen on a ladder in a tree. Officer Hawkins instructs this citizen to return to his residence for his safety.

Officer Hawkins then observed officers and the suspect Mr. Henderson, in the alley walking south. Officer Hawkins could hear the officers giving Mr. Henderson loud verbal commands to drop the knife.

Officer Hawkins described Mr. Henderson as being a black male, approximately 6’0” weighing more than 210 Ibs, wearing blue jeans, no shirt, sunglasses, a hat and something around his neck which appeared to be Olympic gold medals. Officer Hawkins said Mr. Henderson’s appearance did not appear to be normal. Officer Hawkins could hear Mr. Henderson mumbling and rambling while walking. Officer Hawkins observed Mr. Henderson carrying a knife approximately 8 to 10 inches and a tow chain in his right hand.

Officer Hawkins then observed Officer Hitt approach his location in the rear of the yard and Officer Hawkins heard Officer Hitt telling officers he had the pepper ball gun. Officer Hitt then fired the pepper ball gun at Mr. Henderson, but the pepper ball gun malfunctioned. Officer Emfinger told Officer Hitt the pepper ball gun had malfunctioned. Officer Hitt proceeded to clear the malfunction while Mr. Henderson continued to walk south in the alley.

When Officer Hitt fired the pepper ball gun, Officer Hawkins observed Mr. Henderson to look over at Officer Hitt and state, “Ya can’t shoot me, ya can’t even see me, I’m invisible.”

When Officer Hitt cleared the malfunction of the pepper ball gun, Officer Hitt engaged Mr. Henderson a second time. Officer Hawkins saw the pepper balls striking Mr. Henderson in the back and explode. This had no affect on Mr. Henderson.

Officer Hawkins then began to try to talk to Mr. Henderson. Officer Hawkins said the following: “Buddy, Hey, buddy, look at me bud, look at me, please just put the knife down, just talk to me, let’s me and you talk.” Mr. Henderson was just walking pass the open gate when Officer Hawkins tried to speak to Mr. Henderson.

As Mr. Henderson walked past the open gate where Officer Hawkins is standing, Mr. Henderson stopped walking. When Mr. Henderson stopped walking Officer Hitt engaged Mr. Henderson with the pepper ball gun. Officer Hawkins stated Officer Hitt struck Mr. Henderson with pepper balls ten (10) to fifteen (15) times. This series of pepper balls had no affect on Mr. Henderson.

Of