Pubdate: Tue, 19 Dec 2006 Source: News & Advance, The (Lynchburg, VA) Copyright: 2006 Media General Contact: http://www.newsadvance.com/ Details: http://www.mapinc.org/media/2087 Author: Matt Busse SHOOTING SECOND IN TWO YEARS IN CITY The shooting Saturday night of a drug suspect is the second time in 21 months that a suspect has been shot by a Lynchburg police officer. A narcotics investigator shot Eric Mays, 26, in his right shoulder Saturday after police stopped his Chevrolet Malibu around 8:50 p.m. at Fourth and Floyd streets, police said. The investigator could see Mays' hands at first, but Mays quickly moved his hands down to the floorboard and the investigator fired, said Lynchburg Police Maj. Michael Spencer. "This officer had to make a split-second decision," Spencer said Monday. Police would not identify the investigator who shot Mays. Spencer said police found what they suspect is cocaine in Mays' car. No weapon was recovered. The last time an officer shot a suspect was March 26, 2005, when two investigators fired at 19-year-old Blake Thomas Robert Roach at the IHOP restaurant on Fort Avenue. The investigators fired at Roach's Chevrolet Malibu after he struck one officer with the car and nearly pinned the other officer against another car. Spencer said Monday that Lynchburg police officers are trained to use their best judgment when deciding whether to fire their weapons. The police department has a written policy outlining when officers should use guns and other means of deadly force, he said. The News & Advance requested a copy of the police department's policy, but Spencer declined to release it Monday, saying he would treat the query as a Freedom of Information Act request and forward it to City Attorney Walter Erwin. Spencer said a copy of the policy could be available to the newspaper today. In 1985, the U.S. Supreme Court ruled "deadly force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others." A U.S. Department of Justice handbook available on the Internet, titled "Police Use of Excessive Force" and last updated in 2002, cites the decision when describing law enforcement policies on force. Before the Supreme Court decision, most states had laws that allowed police to use guns or other means of deadly force when arresting anyone suspected of committing any felony, the handbook says. Meanwhile, officials will wait until Mays is released from the hospital before deciding whether they will bring charges against him, Spencer said. A Carilion Roanoke Memorial Hospital spokesman said Monday he couldn't provide any information about Mays, but Spencer said he was told Monday morning that Mays was in stable condition. Lynchburg Circuit Court records show Mays was convicted of possession of cocaine in 2003. In November, he was classified as a fugitive after allegedly violating his probation. Spencer said police had an outstanding warrant for Mays' arrest when the narcotics officers stopped his car Saturday night. Spencer said police are internally investigating Saturday night's shooting. The narcotics investigator who pulled the trigger has been placed on administrative leave with pay. The results of the investigation will be sent to Michael Doucette, Lynchburg's commonwealth's attorney. Doucette will decide what action to take, Spencer said. Police were also conducting a drug-related investigation the last time an officer shot a suspect. On March 26, 2005, police set up a drug purchase sting at IHOP using an informant who told them he could buy marijuana from Roach, according to prosecutors' evidence presented at Roach's court hearings. As Roach prepared to leave, police surrounded his car and ordered him out of it. Roach appeared to reach under his seat, and an officer drew his gun. Roach put his hands on the steering wheel, and the officer holstered the gun. Police then tried to break one of the car's windows. Roach shifted the Malibu into reverse and hit the gas. The car hit Investigator Matt Marsteller and almost pinned Investigator Norman Claytor against another car, according to evidence. Roach shifted into drive and drove off. Marsteller and Claytor fired at least four shots at the car as Claytor dove onto a parked car to avoid being struck by Roach's Chevrolet, according to evidence. Roach was treated at Lynchburg General Hospital for a gunshot wound to his bicep. He was convicted of assault and battery against a police officer and eluding police. He was sentenced to serve 11 months in jail and perform 100 hours of community service. After the shooting at IHOP, police began an internal investigation to decide whether the officers acted properly. The officers were placed on limited duty that did not involve contact with the public. Two months later, police said their investigation cleared the officers and said Roach was shot because he refused to obey police and because his reckless driving endangered the officers' lives. Spencer said at a Sunday morning news conference that Saturday's shooting came at a "difficult" time for police and the community. At the request of City Manager Kimball Payne, Virginia State Police are investigating the Sept. 24 death of Clarence Lightfoot Beard Jr., who died in Lynchburg police custody. Two police officers and a James Crossing security guard came to Beard's James Crossing apartment looking for a fugitive. After a struggle in which police used pepper spray on Beard, he stopped breathing and died. Police say Beard struck the officers with his forearm and fist. Beard's neighbors and local civil rights activists have disputed the claim. Lynchburg police are conducting two internal investigations into Beard's death. One is to decide whether the officers acted properly and one to decide whether criminal charges are appropriate. Lynchburg police have said they won't release their findings until Virginia State Police finish its investigation. Payne said Monday he does not plan to ask Virginia State Police to investigate Saturday's shooting. - --- MAP posted-by: Elaine