Amherst cop vindicated for firing weapon at man


Jennifer Bracken, Morning Journal Writer
03/19/2008


(Video from: http://www.wkyc.com)

AMHERST -- An Amherst Police officer was cleared of any wrongdoing in an incident where he shot at a man who ran toward him with a gun in his hand. A dash cam in a police cruiser recorded the March 12 situation that developed when police responded to a domestic situation that began inside R.C.'s Brewhouse, according to Lt. Joseph Kucirek.

Police were called to the downtown Amherst area after Robert Gonzalez, 50, of Lorain, and his wife, Nawassa, left the bar and were fighting on Church Street, where Gonzalez pulled out a gun, according to police.

When police arrived, they saw Donald Gregg standing over the couple as they sat in an alcove of the Mermaid Tail where Gonzalez had a gun to his wife's head.

The tape captures Gregg, 29, who was wearing a white T-shirt, talking with Gonzalez. It is unclear what was said, but he can be seen waving bystanders back.

As police moved in, Gregg was told repeatedly to back away from the couple, but did not, Kucirek said. Officer Devin Small approached on foot.

Suddenly, Gregg reached toward the couple with both arms and somehow got the gun. Kucirek said it is unclear whether Gonzalez gave up the gun voluntarily, or if Gregg snatched it from him. As Gregg turned, he had the gun in his right hand extended toward Small.

Fearing for his life, and still unsure whether he was involved in the domestic situation, Small fired one shot at Gregg. The shot missed, hitting a traffic sign.

Gregg immediately dropped to the ground, yelling at the officer that he was trying to help. In the video, the volatile situation suddenly gets chaotic, as officers try to decipher what happened and keep spectators under control.

''The message here is don't intervene unless you are sure of the outcome,'' Kucirek said. ''This was a volatile situation where the male was distraught and upset. Someone who has been drinking or doesn't have the training for these situations should not intervene. It almost cost him his life.''

Kucirek said every time force is used it is reviewed by the administration to determine if the office acted according to policy and procedure. The dash cam proved Small acted appropriately, Kucirek said. Small has been on the Amherst police force for six years.

Police believe Gregg had consumed alcohol, but have not determined his level of intoxication. Gregg will not be charged in the incident, Kucirek said.

Gonzalez has been charged with kidnapping, carrying a concealed weapon, domestic violence and criminal damaging. His case has been bond over to the Lorain County grand jury. He remains at Lorain County Jail on $500,000 bond.


(Story from: http://www.morningjournal.com)
The complete dash cam tape posted on YouTube:




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