Aug
8
Shooting Investigation Continues
Filed Under Uncategorized
SANTA BARBARA, CA – 8/8/07. The SBPD officers involved in the 8/3/07 shooting at 600 State Street are Officer Kenneth Kushner and Officer Mike Claytor. Officer Kushner and Officer Claytor are each six year veterans of the Santa Barbara Police Department. The autopsy was completed yesterday. Eighteen rounds were fired by the two officers, ten by Officer Kushner and eight by Officer Claytor. The suspect Wilfred Turner was struck eight times in the torso, four to his hands/arms, one to his leg, plus three or four apparent grazing wounds. Other than a flat tire sustained by a taxi parked a few feet away, there is no evidence of property damage or injury to anyone else. Both police officers carry Department issued .40 caliber H&K handguns. They each have a capacity of fourteen rounds. Turner’s weapon was a Springfield XD .45 caliber handgun. It was loaded with nine rounds. There is no evidence that Turner fired his gun during the incident.
Following the incident, detectives served a search warrant at Turner’s Oxnard residence. They recovered the manufacturer’s box for the Springfield firearm, plus extra ammunition. It was originally reported that Turner left the US Navy last June. A Navy source has since reported that he left the service last April. Much of Turner’s Navy personnel record is considered confidential, but SBPD is working with Naval Criminal Investigative Service.
On the night of the shooting, detectives believe that Turner, Mark Anthony Smith, Michael Joseph Williams, and Randall Johnson drove to Santa Barbara in Johnson’s Chevy Silverado pickup. They parked behind the Bank of America at 834 State Street. Turner carried his holstered handgun in a rear pant’s pocket. Johnson had a loaded .40 caliber Ruger handgun that he left in his truck. The four men walked down State Street.
When they reached the front of the Hamburger Habit restaurant at 628 State Street, they encountered Christopher Bishop, Jermaine Lukas, Terrence Ruben, and a 16-year-old female. All the men claim to be in the Navy. The exception was Turner, who left in April. All the men said they know each other. Some of the men knew of allegations that Turner’s wife had been romantically involved with Terrence Ruben. Turner’s wife is also in the Navy. This involvement led to a series of arguments, fights, and threats between Turner and Ruben. According to his family, Turner moved to New York after leaving the Navy. He recently moved back to California to find work.
When Turner’s group met the Ruben group, a confrontation quickly ensued. Turner lifted his shirt, causing Ruben to believe he had a gun or weapon in his waistband. Turner did not have a weapon in his waistband, but he then reached into his rear pant’s pocket. Ruben believed Turner was reaching for a gun and felt in fear for his life. He punched Turner in the face and the two began fighting. Turner’s group joined in assaulting Ruben, Bishop, and Lukas. The fight progressed from the sidewalk, over a twenty-inch high wall and into the Habit’s patio area. The fight scattered tables and customers. The fight attracted the attention of Officer Kushner and Officer Claytor, who were on foot in the 600 block of State Street. The officers approached to restore order and investigate the circumstances. At varying distances, a Santa Paula police officer, and two armed Ventura County probation officers walked up too.
The officers saw the fight involved six to eight combatants who were throwing punches, kicking, wrestling, and fighting on the ground. The officers were separating the combatants when they saw Turner holding a firearm in his right hand. Gun in hand, Turner started going over the wall to the crowded sidewalk. As he did so, the gun barrel was leveled in the direction of the police officers, the other people involved in the fight, and in the direction of hundreds of people on both sides of State Street. Officer Kushner and Officer Claytor drew their firearms and fired at Turner. Witnesses report the duration of shooting was three to five seconds. Hundreds of people in the area ducked for cover. No other officers fired their weapon. Turner fell to the ground, mortally wounded. The gun dropped on the sidewalk and was immediately secured by a police officer. Turner was pronounced dead at the scene. The entire 600 block of State Street was sealed off until police could determine exactly who was involved in the fight and who witnessed the incident. Hundreds of people were contacted and released. Thirty eyewitnesses were brought to the police station, as were the people involved in the fight. The 600 block of State Street was closed for nine hours for thorough examination and documentation of the scene.
Ultimately, police arrested Smith, Williams, and Johnson for fighting in public. Police recovered the loaded Ruger handgun in Johnson’s vehicle and added a charge of possession of a concealed weapon in a vehicle. ATF is investigating the source of Turner’s and Johnson’s firearms. At this point there is no indication that this was a gang related incident.
Per Department policy, both Officer Kushner and Officer Claytor have been placed on administrative leave. Also per policy, the case will be submitted to the District Attorney for review. Attached below are excerpts from the Department’s use of force policy:
POLICY
It is the policy of this Department that officers shall use only that amount of force that reasonably appears necessary, given the facts and circumstances perceived by the officer at the time of the event, to effectively bring an incident under control. “Reasonableness” of
the force used must be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any interpretation of “reasonableness” must allow for the fact that police officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving about the amount of force that is nessary in a particular situation.
DEADLY FORCE APPLICATIONS
Use of deadly force is justified in the following circumstances: An officer may use deadly force to protect him or herself or others from what they reasonably believe would be an immediate threat of death or serious bodily injury.
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3 Responses to “Shooting Investigation Continues”
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I have known Mike for 17 years and fully support him and his family. I thank him and his partner and all the SBPD for working so hard in such a tough job to keep my family and this community safe.
Thank you, officers … for doing what you had to do to protect others.
Good shooting. Those range hours pay off when things get real; these cops should be getting medals of valor and high praise from SB citizens.