Questions still surround fatal shooting of double amputee

HOUSTON (KTRK) -- There are still a lot of questions surrounding the shooting death of Brian Claunch.

One of the biggest is how did a man with one arm and one leg, in a wheelchair, manage to corner a Houston police officer? And why did another officer reach for his gun, rather than his Taser?

We are getting a better picture of what two HPD officers were dealing with when they arrived at the Healing Hands assisted home care about 2am Saturday. An instructor who trains aspiring officers also walks us through the levels of force officers are taught to use.

Eyewitness News got a first view of the room where two HPD officers confronted a double amputee in a wheelchair, threatening to kill them with a shiny object. It turned out to be a silver ballpoint pen.

After allegedly lunging at one officer with the pen, a second officer, M. Marin, shot the wheelchair-bound man in the head.

At the foot of the bed is where Claunch, 45, was pronounced dead. He was mentally ill.

Mike Emanuel is an instructor for University of Houston's Basic Peace Officer Course. Officers are taught, he says, to use one of three levels of force depending on the threat. The first is a physical take down.

"Whether I go into soft contact, which is joint manipulation control, medium contact would be your pepper spray, your asp, your Taser and then lethal force would be a firearm," Emanuel.

HPD can't yet say if the officers knew Claunch was armed with a pen since they were dispatched after a 911 call. HPD does confirm both officers were equipped with a Taser and tasked with disarming a double amputee in a wheelchair.

"When you have two officers on one suspect, it does make it easier on both officers to subdue a suspect without lethal force?" we asked Emanuel.

"Absolutely," he said. "The more officers the better."

One thing Emanuel makes clear, it's always a live situation, where there can be little time to react.

"These are all judgment decisions that officers make in a quarter of a second and it's very hard to second guess this," Emanuel said.

HPD Chief Charles McClelland has asked the local FBI office to monitor and investigate this incident along with HPD's Internal Affairs Division.

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City officials weigh in on officer-involved shooting of wheelchair-bound double amputee

HOUSTON (KTRK) -- City officials are now weighing in on the fatal shooting of a mentally and physically disabled man at the hands of police.

At the group home where the deadly shooting occurred is a note saying people inside would no longer talk about what happened over the weekend. But community activists are just beginning their crusade.

"I'm sick and tired of the same old thing from our police departments here in Houston. We want some action, we want the truth, we want the secrecy stopped. We want to see everything being done in this case, future cases, and past cases," said Arlene Kelly with Civilians Down.

Civilians Down is a local organization that focuses on police-related shootings. She and others with the Greater Houston Coalition for Justice called for an outside investigation into the shooting that killed wheelchair-bound double amputee Brian Claunch.

"Things do get dangerous, things do get stressful, but you have to stop and think, you have to use good judgement," said Sylvia Gonzalez with LULAC.

But at City Hall on Wednesday, elected officials asked for restraint. Mayor Annise Parker says for now she doesn't know exactly why a Crisis Intervention Team (CIT) officer wasn't on scene.

"I don't know why a CIT officer was not dispatched," said the mayor.

Council members pointed out the FBI is already monitoring the investigation, and they urged patience.

"Until an investigation is complete, we simply don't know what happened, and I would encourage us to, for the benefit of the victim's family, for the benefit of officers in our city, let investigations run their course," said Council Member C.O. Bradford.

The mayor said she has a meeting with Houston Police Chief Charles McClelland at the end of the week to further discuss the shooting.

Since the first of this year, there have been 22 officer-involved shootings in Houston. That's compared to 15 in all of last year. Of those 22 officer-involved shootings this year, ten suspects or citizens were killed, 13 were injured, and three officers were wounded.

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Community activists hold protest at City Hall over fatal shooting of double amputee

  HOUSTON (KTRK) -- Anger over the controversial shooting death of a mentally ill double amputee by a Houston police officer was evident Tuesday in front of City Hall.

As the shooting that took place at the group home continues making national headlines, community members stormed Houston City Hall in protest, and city leaders started speaking out publicly about the investigation.

Holding signs and chanting, "The people united will never be defeated," more than a dozen community activists, religious leaders and concerned community members marched outside City Hall Tuesday afternoon.

These protesters were blasting the mayor's office and the Houston Police Department after an officer shot and killed Brian Claunch at a group home for the mentally ill on Polk Street over the weekend.

"How in the world can you shoot a a man in a wheelchair with one arm and one leg to death? Deadly force," said community activist Krystal Muhammad.

HPD Officer Matthew Marin shot the wheelchair-bound man during a disturbance call. Police say Claunch threatened the officer with a shiny object -- an object that turned out to be an ink pen.

"You mean to tell me you don't have the type of training that could teach you to subdue a person in a wheelchair?" said Muhammad.

These activists say that shooting is just the latest in alleged cases of police brutality they've been documenting for 87 weeks.

"We want to be clear and say this, we don't have any faith in the system and the process that exists," said community activist Kofie Taharka.

Houston Police Chief Charles McClelland and Mayor Annise Parker issued statements this week urging the public to avoid rushing to judgment before all the evidence in this shooting investigation is gathered.

"It really hurts because no one should die," said City Council Member Jack Christie.

He told us he's also concerned about the shooting.

"It's good to ask questions, we need transparency. Any way that we can ask questions to avoid this in the future will be good, so I encourage people to ask questions, but to be patient," Councilman Christie said.

The mayor says she believes the city has a very aggressive investigation policy for these types of incidents.

Earlier Tuesday

The police shooting death of a wheelchair-bound, mentally ill double amputee remains under the microscope. The shooting has divided some in our city with the police union standing by the officer and critics calling it a case of police over-reaction.

Brian Claunch, a psychiatric patient who lived at a group home for the mentally ill, was shot to death early Saturday morning by Houston Police Officer Matthew Marin. The officer said Claunch, who had a leg and arm amputated and was in a wheelchair, was belligerent and that he was waving an object in his hand that the officer could not see clearly.

Claunch suffered from schizophrenia and bipolar disorder. The object turned out to be a pen.

HPD says the officer felt shooting Claunch was necessary because he was in fear for his life and that of his partner, and Claunch had disobeyed his commands.

Psychiatrist Dr. Richard Pesikoff says a patient in an altered state will respond better to physical cues than to verbal ones. He says it can be effective for an officer to call for backup, and then surround the patient to show that he is physically outnumbered. He says that demonstration often gets a patient to cooperate.

"The visual reaction goes a lot more quickly for a lot of people. They don't have to process a lot of things. They see it and it gets processed immediately through the eyes. And you look around and you see 2,000 pounds of people not hurting you, just talking to you and telling you come this way. Simple commands. Don't use complex English sentences," said Dr. Pesikoff.

Officer Marin was also involved in the fatal shooting of a suspect back in 2009. That suspect had a knife.

Marin is on administrative leave, which is the procedure after any officer-involved shooting.

Community activists and advocates for the mentally ill say this is not an acceptable explanation.

"Why they didn't use mace? Why they didn't use a Taser? All he had was a writing pen, were they afraid he was going to write a complaint on them," said Community Activist Quanell X.

Houston Police Chief Charles McClelland issued this statement:

"The Houston police department places the highest value on human life and events like these are tragic and unfortunate for everyone involved. All Houston police officers receive mandatory crisis intervention training specifically dealing with persons experiencing mental crisis."

Chief McClelland has also asked the local FBI to monitor and investigate the incident, along with the agencies who are already conducting their investigations.

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Shooting of mentally ill amputee angers activists

HOUSTON (KTRK) -- A double-amputee was shot and killed by a Houston police officer. Now the FBI is getting involved in the investigation, and people are protesting, upset that the shooting happened in the first place.

The man killed was mentally ill and in a wheelchair. He'd been staying at a group home in southeast Houston. With posters raised outside Houston police headquarters, a small group of community activists spent Monday afternoon demanding answers.

Community activist Kofi Taharka asked, "How many more lives have to be lost? How many more people have to be brutalized?"

This group is outraged over the HPD officer who shot and killed Brian Claunch inside a group home on the 4000 block of Polk on Saturday.

"This man wants us to believe that a man in a wheelchair with a writing pen in his hand was such a threat, that he felt deadly force was necessary," Taharka said.

These activists are among many now questioning whether Officer M. Marin went too far that night during a disturbance call. The group home's manager told me Claunch was bipolar and schizophrenic and had a bad attitude at times. He told me Claunch was known to police because he'd called HPD for him twice before.

"This man should not be dead," said community activist Quanell X. "This man should have gotten the help that he deserves. Where is the crisis intervention team that they promised would come out when there is a mental health call?"

Houston Chief of Police Charles McClelland issued the following statement: "On Saturday, September 22, 2012, officers from the Houston Police Department responded to a call for service involving a disturbance with a violent person at 4309 Polk Street. During the response to the incident, an officer discharged his firearm resulting in the death of a citizen, Brian C. Claunch.

The Houston Police Department places the highest value on human life and events like these are tragic and unfortunate for everyone involved. All Houston Police Officers receive mandatory crisis intervention training specifically dealing with persons experiencing mental crisis. As we do in all instances of this nature, the Houston Police Department's Homicide and Internal Affairs Divisions, and the Harris County District Attorneys Office, Civil Rights Division, are investigating this incident.

In addition, I have also asked the local office of the Federal Bureau of Investigation (FBI) to monitor and investigate this incident. As I have done throughout my tenure as Police Chief, to the extent I can, the Houston Police Department will be open and transparent in all aspects of our response to this tragic event.

It is my desire to have everyone reserve judgment until all the facts and evidence in this investigation have been gathered."

Quannel said, "We can't trust one thing coming out of their mouth."

Mayor Annise Parker also issued a statement on Monday: "I want to express my condolences to Mr. Claunch's family and friends. As for any comment on the circumstances, there is a process in place to determine if the officer acted appropriately. In addition to the usual internal review, Chief McClelland has taken the additional step of asking the local office of the Federal Bureau of Investigation (FBI) within the U.S. Department of Justice to monitor our investigation of this incident. Until the facts are in place, it is premature to draw any conclusions. I have utmost respect for the very difficult job of our Houston Police Department. However, if there were mistakes made, I know the police chief will take appropriate action."

Houston Councilman Ed Gonzales told us back in June the city council passed an ordinance that will eventually allow the city to better regulate group homes as a public safety matter.

Activists are planning a protest outside City Hall for noon Tuesday.

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Questions surround officer-involved shooting of amputee

HOUSTON (KTRK) -- A mentally ill double amputee was shot and killed by a Houston police officer this weekend after he refused to drop a pen.

Officer M. Marin pulled the trigger, authorities said. He claims he did not have a choice, but some are questioning how Houston Police Department officers are trained.

Neighbors across the street were getting ready to go to bed when they saw several police cars arrive at the Healing Hands group home on Polk near downtown Houston.

Police say they were responding to a disturbance at Healing Hands, where several men with mental illnesses live with a caretaker.

Brian Claunch was the man at the center of the call for help. The caretaker said the wheelchair-bound double amputee was aggressive because he wanted soda and cigarettes.

When Marin and his partner went inside the home, HPD says Claunch cornered one officer with his wheelchair, disobeyed commands and was waving a shiny object.

Police say the officer feared for his life and his partner's, so he shot Claunch -- a response some are questioning.

Police now say the object Claunch was holding was a ballpoint pen.

Questions about why the officer didn't use a Taser will be part of the investigation, HPD spokesperson Kese Smith said.

Smith added that all cadets are required to take crisis intervention training, but it's unclear if Marin entered the academy before or after that was put into place.

The caretaker at the group home did not want to talk Sunday night. It was back to the dark, quiet neighborhood many are used to.

We learned that Marin shot and killed another suspect back in October 2009. Police say the suspect lunged at him with a knife.

Marin has been with the force for five years. As is standard in all officer-involved shootings, he was immediately placed on three-day administrative leave.

This shooting, like all officer-involved shootings, will be investigated by the homicide division, the internal affairs division and the Harris County District Attorney's Office.

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HPD officer shoots, kills amputee in wheelchair

  Pooja LodhiaHOUSTON (KTRK) -- An amputee in a wheelchair was shot and killed by a Houston police officer Saturday at a group home for the mentally ill, and we've learned this is not the first time officer has fatally shot a suspect.

The Houston Police Department said Brian Claunch -- a one-armed, one-legged man in a wheelchair -- threatened Ofc. M. Marin and waved an object that later turned out to be a ballpoint pen.

The shooting happened just southeast of downtown Houston at the Healing Hands group home on Polk at Sidney.

"Officer Marin, in fear of the safety of his partner and the safety of himself, discharges his duty weapon striking the suspect," HPD spokesperson Jodi Silva said.

Silva told us police were called to Healing Hands around 2:30am. The overnight caretaker said Claunch was acting aggressively and repeatedly asking for soda and cigarettes.

Marin and his partner entered the home and Claunch kept swinging an object at them. After ignoring numerous requests to drop the object, police say Claunch cornered Marin's partner in the room.

"The officers made verbal commands for the suspect to drop whatever he had in his hand, to stay still and to speak with the officers, but the suspect continued to make threats," Silva said.

That's when Marin shot Claunch once in the head. He died at the scene. The object he was holding turned out to be pen.

Two other residents were inside the home at the time of the shooting and the caretaker was outside. They were all questioned.

The owner of the group home, John Garcia, said Claunch enjoyed drawing on paper.

"At the table, he would write on a pad of paper," he said. "He liked to doodle. He was always doodling on the table. He'd write there."

Garcia said Claunch lived in the house for about 18 months and was and schizophrenic and had bipolar disorder. He lost his arm and leg after being hit by a train years ago, he said.

According to Garcia, Claunch was capable of making a person feel threatened during a time of outrage, despite his physical state. He added that it's an everyday challenge taking care of those with severe mental illnesses.

"You just never know when they are going to go off," Garcia said. "That's all you can say. You just don't know. They can be very calm and then all of a sudden, within five minutes, it's a different dimension."

We called clinical psychologist Dr. Ed Reitman for his reaction.

"Emotionally disturbed individuals, when threatened, are going to react in most instances, excessively," Reitman said.

Reitman added that the mentally ill patient may not have understood the officer's request to put down the pen.

"This was an incident that didn't have to take place if the individual -- a police officer -- had been trained in dealing with emotionally disturbed individuals," Reitman said.

HPD has officers who are specially trained to deal with the mentally ill. The department won't comment on whether Marin was trained in that program.

We have learned that Marin shot and killed another suspect back in October 2009. Police say the suspect lunged at him with a knife.

Marin has been with the force for five years. As is standard in all officer-involved shootings, Marin was immediately placed on three-day administrative leave.

This shooting, like all officer-involved shootings, will be investigated by the homicide division, the internal affairs division, and the Harris County District Attorney's Office.

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