Grand Jury No Bills TX Cop in Shooting
Ken [NY
McKinney, Texas - 11/17/2001
A Collin County grand jury Thursday declined to indict McKinney police
officer Joyce VanDertuin in the shooting death of McKinney homeowner
Cathey Howard-Kalimah.
Howard-Kalimah, 31, was shot and killed in her home in the 1800 block
of Meadow Ranch Road on June 5 after she returned to check on a
burglar alarm that had gone off.
A statement issued by the McKinney Police Department on Thursday said
that the Collin County grand jury "declined today to indict the
officer involved in the accidental shooting of Cathey Howard-Kalimah
in McKinney last summer.
"This result is consistent with the findings of the investigation
conducted by this department and the Texas Rangers. The members of the
McKinney Police Department continue to express their sorrow and
sympathy for the tragic loss to the Kalimah family."
VanDertuin declined to comment after the grand jury's decision,
McKinney Police Chief Doug Kowalski said.
Richard Sayles, the Howard-Kalimahs' attorney, said Thursday that the
dead woman's husband, Jameel, would now consider whether or not to
file a lawsuit.
Cathey Howard-Kalimah has two surviving minor children with her
husband.
Jameel Howard-Kalimah was unavailable for comment at press time.
Sayles said he was disappointed but not surprised in the grand jury's
decision. He said the police officer's position that the shooting was
an accident and the fact that no witnesses saw the incident were
likely key elements in the panel's decision.
"It's almost undisputed that [VanDertuin] did not follow police
procedures," Sayles said. "There's a difference in terms of (not
following) procedures and it being a crime.
"The failure of the grand jury to indict here will not negatively
impact a civil action. Just because a grand jury determined that no
crime was committed doesn't mean that the occurrence wasn't terribly
wrong."
VanDertuin, 35, was authorized to return to patrol duty - her position
at the time of the shooting - in July.
According to a McKinney Police Department report completed after the
shooting, police received an alarm call from the Meadow Ranch Road
address at 1:21 p.m. June 5 and began a premise search for a possible
break-in.
VanDertuin, who responded to the call, told investigators that while
she was checking the Howard-Kalimah home, she did not know the
homeowner was inside.
VanDertuin, in accordance with McKinney police procedures, called for
backup when she saw a door closing. Before the backup arrived,
however, the lone officer moved to investigate the home.
The 3-1/2-year law-enforcement veteran told investigators that with
her pistol drawn, she tried to open a patio door, which was the one
she had seen closing. While doing so, the door was pushed toward her
from inside. The door hit her handgun and caused it to discharge, she
told investigators.
The bullet went through the door and struck Howard-Kalimah inside the
residence. She was pronounced dead at the scene.
McKinney(Texas)Messenger
Ken [NY]
--
Chairperson,
Department of Redundancy Department
____________________________________
An officer is assaulted every 7 minutes,
one is injured every 2.5 hours, and
one is KILLED every other day.
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