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Police chief defends Va. officers in shooting

By Amanda Codispoti
Roanoke Times

ROANOKE, Va. — Roanoke police were called to Robert Douglas Mattox’s apartment three times Sunday before they shot him during a fourth call when he came at them with a knife, police Chief Joe Gaskins said Monday.

Mattox, 51, was in critical condition Monday, said Allie Buth, a spokeswoman for Carilion Roanoke Memorial Hospital. A previous newspaper report spelled his last name as Maddox.

The shooting left Mattox’s roommate and friends wondering why police didn’t take him into custody earlier in the day, and whether the officers did everything they could to avoid using their guns.

Gaskins identified the two officers who fired at Mattox as B.J. Smith and D.K. Moore. Smith has been with the department for three years, and Moore for five and a half.

They and a third officer were not injured and are on administrative leave, which is standard after an officer-involved shooting.

Police first responded to the 1600 block of Lawrence Avenue Southeast about 12:30 p.m. Sunday. Mattox had called 911, saying he was the victim of a domestic assault. Officers investigated but didn’t charge anyone, Gaskins said.

Officers were called back at about 3:20 p.m. for a report of an overdose. They talked with Mattox, who assured them that he had not taken anything, Gaskins said. An EMS crew checked Mattox and decided he didn’t need to go to the hospital.

Just after 4 p.m. officers were again called back for a report of an assault, but they were unable to find Mattox.

Gaskins gave this account of what happened when officers were called back about 6:20 p.m. for a report of an assault in progress:

When they arrived, they saw Mattox, who appeared to be injured, run inside an apartment. The officers knocked on the door and announced they were police.

Mattox’s roommate unlocked the door from the outside, but the officers could feel resistance from inside. They pushed on the door, and it suddenly opened, causing Officer M.J. Landa to lose his balance.

All three officers noticed that Mattox had a knife and was coming toward them. They told Mattox to drop the knife, but he continued coming toward them from 3 to 4 feet away. Moore and Smith fired at Mattox. Medics who were already at the scene for the assault took him to the hospital.

Gaskins said that based on the preliminary investigation, he is certain the officers acted within department policy.

“They acted totally with their own safety in mind,” he said.

Department policy says an officer may use deadly force to protect himself and others from a threat of death or serious injury. Before using deadly force, the officer should, when possible, identify himself and warn the perpetrator. He should also tell the person to stop whatever action the officer considers threatening.

Mattox’s roommate, Mark Cooper, was behind the officers when they opened fire and disputes the department’s account of the shooting.

He said Mattox was knocked down when the door opened and was only getting up when police shot him.

Cooper and others gathered at the apartment Monday questioned why police didn’t arrest Mattox or take him to the hospital earlier in the day.

During Monday’s news conference, Gaskins said police had found no reason to take Mattox into custody after the first two calls.

Officers could have arrested Mattox after the assault, he said, but they could not find him.

Friends of Mattox also questioned why police didn’t reach for pepper spray instead of their guns.

Cooper said he doesn’t believe that Mattox could have hurt the officers because he had taken too much medication for a mental disorder and had been drinking.

“I looked in Doug’s eyes, and he was scared,” Cooper said. “He looked pathetic.”

The department will present its findings from the investigation to Roanoke Commonwealth’s Attorney Donald Caldwell, who will decide whether the officers acted within their duties.

There will also be a separate, internal investigation that will determine whether the officers violated department policy.

The last officer-involved shooting in Roanoke was in February 2008, when Officer Daniel Meyer shot an unarmed teenager who ran from him during a traffic stop. Meyer was indicted on a charge of unlawful wounding, but a jury later acquitted him.

Copyright 2009 Roanoke Times