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REPORT: HELRIGGLE HAD WEAPON

Family Maintains Faith in Witness

February 19, 2003 - An over-200 page report issued last week includes evidence collected, and witness statements made, following the Sept.  27, 2002, shooting death of 23-year-old Clayton Helriggle. 

Helriggle was shot by Sgt.  Kent Moore, a member of the Preble County Emergency Services Unit, while the agency was executing a drug-related search warrant at his Lanier Township residence.  Sheriff's officials reported Helriggle descended the stairs of the farmhouse with a gun in hand; Helriggle's family and friends continue to contend he held only a blue cup. 

"I think Montgomery County did the best they could do with what they had to work with," Clayton's mother, Sharon Helriggle, said Monday, Feb.  17. 

Although the report contains evidence to the contrary, the Helriggles are sticking to their belief. 

"We still don't believe Clayton had a gun," she added. 

The investigation was conducted by the Montgomery County Sheriff's Office per a request from Preble County Sheriff Tom Hayes.  Montgomery County investigators were called in immediately following the shooting, according to the report. 

"I did feel comfortable with Montgomery County," Sharon Helriggle said.  "But there are so many discrepancies within the report."

The Search Warrant

According to documents contained in the report, a search warrant was obtained for the residence at 1282 Ohio 503 South, after Eaton Police Detective Jeff Cotner received from a "confidential informant" a telephone call detailing a conversation between two individuals planning a burglary at the farmhouse, in order to steal "13 pounds of raw marijuana they had reason to believe was stored at the target residence."

According to an affidavit submitted to show probable cause for a search warrant, the individuals mentioned guard dogs being on the premises, and had witnessed a marijuana purchase at the home. 

The affidavit stated the informant claimed "the 'dealer' within the home received weekly shipments of marijuana, between 5-10 pounds each; that Friday is the busiest day of drug trafficking activity."

According to the affidavit, two PCSO detectives conducted surveillance of the address on Wednesday, Sept.  25, from 5:30-6:15 p.m., and during the time period, viewed six different vehicles arrive, and then depart within 10 minutes. 

The document goes on to state: "It would be extremely difficult to approach the target residence, which is set alone in a rural environment, without being noticed by the occupants of the home; that in the affiant's ( Cotner's ) 16 years of law enforcement experience, those who purchase and deal in illegal contraband are frequently armed and dangerous and inclined toward violence; that at least two guard dogs of a vicious breed are contained within the target residence; that the nature of the contraband in question is such that it is easily subject to destruction and spoilation and that any notice of an impending search of the residence could result in same."

According to the document, Cotner believed "officer safety and preservation of evidence dictates that a nighttime search of the residence would be prudent and appropriate."

Judge Paul Henry, on Sept.  27, signed a search warrant, commanding the search. 

Planning the Search

Once the search warrant was approved, according to Montgomery County officials, ESU Commanding Officer Detective George Pettit began "the process of notifying the members of the PC ESU.  The ESU is made up of officers from different departments within Preble County."

CareFlight was canceled.  It was 7:02 p.m. 

Lindloff videotaped the scene.  According to the report, the crime scene was secured, and after Sheriff Tom Hayes, Prosecuting Attorney Rebecca Ferguson and PCSO Major Wayne Simpson arrived on the scene, a call for investigation was made to the Bureau of Criminal Investigation.  The report notes, BCI's closest officer was in Ross County, so it was determined Montgomery County would be asked to conduct the investigation. 

A detective from Montgomery County arrived at the residence at 9:24 p.m. 

MCSO Detectives James Kelly and Julie Stephens and Sgt.  John Brands responded to the PCSO to interview the residents of the home. 

Evidence Tested

According to forensic reports, tests were completed on the handgun officers reported finding on the stairwell.  Miami Valley Regional Crime Lab Forensic Scientist Tim Duerr and Serologist David Smith presented reports in October. 

"Duerr presented photographs and commentary discussing damage to the muzzle portion of the handgun, and believed to be carried by the deceased.  Duerr explained that high velocity damage was discovered at the front portion of the firearm.  Also, the presence of lead was detected at the site of the damage.  He also reported that no other lead was detected on any other portion of the exterior of the handgun. 

"Duerr then discussed a pellet which had been recovered from the incident location.  He advised the pellet had a striation on it that would be consistent with the markings from the handgun and damage to the handgun muzzle, which possibly would be consistent with the pellet striking the front portion of the handgun."

Smith, the report noted, "discussed the blood content on the handgun, saying there were droplets on the left side of the handgun, which would be consistent with spray from the wound from the deceased, while holding the handgun.  Smith further advised there was a void of blood located on the right side of the handgun and again that would be consistent with the suspect carrying the handgun in his right hand."

Other MVRCL reports indicated "a blue cup was processed for latent prints with negative results.  A Nov.  20 report indicates among other things, that DNA testing was performed on one blue cup.  The comparison with Clayton Helriggle met with negative results.  A total of three blue cups were tested and failed to indicate the presence of blood."

Believing a Friend

Sharon and Michael Helriggle continue to believe Albert's report that their son carried only a blue cup when descending the stairwell.  According to a polygraph test, for which results are included in the document, Albert was being truthful when he answered the following:

"Did you see a gun in Clay's hand as he came down the stairs? Answer: No."

"Was Clay carrying a gun when he was shot? Answer: No."

"Did you make up the story of Clay carrying a blue glass? Answer: No."

"I have to go by what our witness said," Sharon said.  "The officers did not take a polygraph test."

The Helriggle family continues to plan further action.  They plan on eventually filing a civil lawsuit, according to Sharon, and continue to hope the Federal Bureau of Investigation will take up the investigation. 

"We're going to continue fighting this," Sharon said.  She noted the family's belief the team entered their son's residence without following proper procedures. 

"They had a park ranger there who had no SWAT training to bust the door down," she added. 

"This isn't just about Clayton," Sharon added.  "It's about getting Preble County cleaned up."

Grand Jury: a Father's Reaction

A Preble County grand jury declined to hand up any indictments after hearing several days of witness testimony in the shooting incident and possible drug trafficking at the residence. 

First Assistant Greene County Prosecuting Attorney William Schenk handled the case, after PC Prosecuting Attorney Rebecca Ferguson removed herself because she had initiated a consultation with the family. 

Both Helriggles have said the decision to not indict was no surprise, but on Monday, Michael Helriggle said the public "needs to understand -- the grand jury wasn't looking at the entire case."

According to Michael, the jury was seated to determine two things: "first, whether Kent Moore entered the house with the intention of killing Clayton, and second, whether Wes Bradley should be indicted for drug trafficking. 

"I don't think people understand that," Michael said.  "They ( the grand jury ) did exactly what they were supposed to do.  I would not have wanted to be in those people's shoes."