BOOK 3

1

HARRISON COUNTY SHOOTING INCIDENT INQUIRY BOARD

SUMMARY OF FINDINGS: The matter before the Board is the death of a minor, Philip Arthur Halpern, 15 (the "Suspect"), who was shot and killed by County peace officers after an escape from New Lebanon town jail where the Suspect had been incarcerated following indictment on charges of murder, manslaughter, rape and sodomy.

On the afternoon of May 8 the Suspect was struck by shots fired by Thomas T. Ebbans, Chief Deputy, and Bradford Ellison, Sheriff, Harrison County. It was determined that Deputy Ebbans fired two shots, hitting the Suspect twice in the chest and Sheriff Ellison fired four times, hitting the Suspect once in the neck. All bullets were recovered. The Suspect was pronounced dead at the scene.

The facts surrounding the shooting are not in dispute. When shot, the Suspect was holding a loaded.38-caliber Smith & Wesson pistol which he had taken from a New Lebanon town deputy whom he had severely beaten when he escaped earlier in the day. The Suspect acted in a deranged manner and it apparently was his intention to shoot his father. Also present were the Suspect's mother, New Lebanon Detective William Corde and Charles Mahoney, a licensed and bonded private investigator from Missouri who was acting as consultant to the New Lebanon Sheriffs Department.

As Detective Corde was attempting to talk the Suspect into surrendering, Sheriff Ellison and Deputy Ebbans approached from the rear entrance to the house. Mr. Mahoney stated that the Suspect suddenly raised the gun and, according to Mr. Mahoney, "was about to discharge his weapon at Detective Corde and myself, causing me to fear for our safety." Mr. Mahoney fired two shots at the Suspect, missing both times. Sheriff Ellison and Deputy Ebbans heard these shots and assumed the Suspect, who had turned and was pointing his gun at them, had begun firing. They returned gunfire which resulted in the Suspect's death.

It is the conclusion of the Board that the shooting of the Suspect was justifiable and that both Sheriff Ellison and Deputy Ebbans acted within the boundaries of prudent law enforcement. Detective Corde testified that the Suspect had not been about to fire and we agree that Mr. Mahoney was perhaps premature in firing the shots that precipitated the killing. However, that was a judgment he made during an extremely stressful confrontation and this Board is prepared to accept that his behavior was justified under the circumstances.

Testimony was given by the Suspect's father that prior to the incident, he delivered to Sheriff Steven Ribbon of the New Lebanon Sheriffs Department a note purporting to be evidence casting doubt on the Suspect's guilt. Sheriff Ribbon testified that he felt the note was of such importance that he personally took it to the state laboratory for forensic analysis and through a miscommunication, none of the law enforcement officers at the scene of the shooting were made aware of the note's existence. However, the existence and authenticity of the note bear solely on the issue of the Suspect's innocence with respect to his prime indictments in one of the murders of which he was accused; they are irrelevant with respect to the escape and the incidents of assault that led to the shooting.

Therefore, THIS BOARD OF INQUIRY CONCLUDES that

l. The death of Philip Arthur Halpern was justifiable.

2. The death shall not be presented for inquest to the Grand Jury of the County of Harrison.

3. No grounds exist to dismiss, suspend, fine or in any way reprimand Sheriff Bradford Ellison or Deputy Thomas T. Ebbans on the basis of the events occurring in the house of Creth A. Halpern on May 8.

Here is Bill Corde.

He writes three parking violations – after turning the thick handles of the meters to make sure that the perpetrators are in fact out of time and didn't just forget to crank in their coins. This is not generosity on Corde's part; nobody argues with cops more vehemently than parking violators.

He stops Trudy Parson's '74 Gremlin to tell her that the blinker in her right turn signal is on the fritz and the left rear is low too.

He tanks up a Plymouth and sits in a speed trap for half the day, catching himself nothing but one salesman from Chicago. He gives the man a ticket – not a warning – because the driver is wearing a fish gray silk suit and a pinkie ring and has a dark tan and here it is just mid May.

Howdy, fells, that wouldn't be a beer you got in there, would it, reason I ask is neither of you look like you're eighteen, so if it is I sure hope you're going to tell me that you just found those cans in the street and are about to dump them out and take them to A &P for the nickel, is that right?

Corde has requested a hearing on the charge of destroying Jennie Gebben's letters. Because he has been reinstated and the inquest has been canceled the district attorney tells him a hearing would be moot. Corde looks up the word "moot", then he debates for a time and files another notice seeking the hearing. A day later he receives a call from the judge's clerk telling him that the application was rejected and they will be sending him a notice to that effect by registered mail return receipt requested.

Corde receives another official communication. This one is from the Missouri attorney general's office. It thanks him for his letter and says that someone from the office will be checking on the propriety of private investigation and firearm licenses issued to one Charles Mahoney, a resident of St Louis.

The County Sheriffs Department officially closes both the Gebben and the Rossiter cases. When Corde asks to see this note or whatever it is that Creth Halpern gave to Ribbon, Hammerback Ellison himself calls up Corde at home and reminds him that the cases have been disposed of. He uses those words. Disposed of. Corde says he understands but could he still see the note? Ellison says sorry it's been sent to the archive files.

Corde goes to one of Jamie's wrestling matches and watches the boy lose bad. The family was planning to eat out afterward but nobody is in the mood after the loss. Jamie says he's going out with some teammates and Corde and Diane and Sarah drive home for French toast.

Corde forms mixed feelings about Dr. Parker, who has just depleted exactly three-fifths of the Cordes' savings account and has turned Sarah into a story-telling fiend. The girl has used up four tape cassettes with her book. When Corde asks her how long the book will be, she tells him a million jillion pages, and Corde says that's pretty long, how long will it take to read? She answers forever. One day Corde finds her looking out over the backyard, long-faced. He asks her what's wrong, thinking her studies are troubling her. She says she's afraid that the Sunshine Man her wizard is gone for good. She hasn't seen him for a long time. Corde would like to console her but he does not know what to say. He tells her to get washed up, it's time for dinner, and she sadly complies.

Diane is glad that Sarah is off the Ritalin since she's just joined the Drug-Free America task force of the Sesquicentennial Celebration Committee and will be personally responsible for the Fourth of July Just Say No! float. One morning in their bedroom Diane paints on make-your-man-crazy red nail polish and Corde watches the color go on but what he thinks of is the smell, which reminds him of the dope he brushed on the balsawood airplanes as a boy to stiffen the paper wings. This in turn makes him think of Philip Halpern. He doesn't tell his wife this thought but just says my you look nice, oh, yes…

Diane is also his source of information about Sarah's tutor, Ben Breck. Corde still hasn't met him though he'd like to. Sarah has improved remarkably since they've been working together. Sarah talks about Breck often but Corde doesn't feel jealous of this displaced attention though he thinks of the months and months of agony he himself has been through as he worked with her and here this fellow turns her around in a couple of weeks. What can you do?