Blue, you need to read the autopsy report. I have shot no one in the back. He was "unarmed" ? "Unarmed" people can't kill or do great bodily harm ? Blue, are you really that ignorant ? E
REPORT: Sudden Death In San Jose
Robert h. shepherd
A man was slain by a police officer during the early morning hours of Sunday September 19. Here is a summary of events condensed from various articles appearing in The San Jose Mercury this past week. John Henry Smith, a chemist working for IBM, had just taken his date home from a party and was apparently on the way home. Near Kiely Boulevard and Saratoga Avenue Officer Rocklin Wooley, on patrol with his dog, observed him make an illegal turn against a red light, pursued with red light and siren, stopped him at the rear of an apartment complex, Meridian Corners, at 4 221 Norwalk Drive. Smith got out of his car, was abusive, used obscene language,
calmed down, accepted his ticket and was about to drive on when two off-duty, out of uniform policemen (Officers Darrel Richter and Robert Watts), stopped to see if Wooley required any assistance. Smith then went berserk, got out of his car, threatened the police with a tire iron, was squirted with mace, subdued, placed under arrest and requested to submit to a search. This he started to do, then suddenly refused to cooperate. (From here on the story begins to get confusing, if it hasn't already.) Cries For Help Somewhere along the way Smith once again made threatening gestures with the tire iron, was set upon by the police dog, ran across the street to a chain link fence, tried to climb over, was once more attacked by the dog. Residents of the nearby apartment buildings, where he and the two off duty men all lived, state that they heard moaning and cries for help. He then returned to the police car, placed his hands on it and agreed to be searched. (Officer Wooley was unable to put hand cuffs on him because, for some
reason, he didn't have any.) Again Smith broke iway, running toward the entrance of the buildings. At this time Wooley drew his gun, and fearing Smith intended to enter the apartment and re-arm himself, shot him in the chest. The coroner's report states the body was found bare to the waist, bore marks probably made by the dog, and had a split lip, as well as the fatal gunshot wound. (An x-marks the spot type photo shows the location of the body as being several feet inside a pass-through, or hall way). Not Drunk, No Drugs An autopsy later proved Smith to be "clean," he'd had a few drinks but was not drunk, nor was he under the influence of drugs—contrary to an earlier statement of opinion by Chief of Police Robert Murphy. Briefly, these are the facts of a sad, melancholy, mess, as presented in the papers. Now for some personal views ana comments. Assuming (which I do not), that the officers' account is substantially correct, I hold the shooting to be inexcusable; if what I have good reason to suspect, did in fact, occur, then it
is criminal. If three men, plus a trained dog, could not cope with one man, of medium height and rather slight build, in a less permanent manner, then they are not the calibre men (or dogs), needed on an up to date metropolitan police force. I was somewhat acquainted with John Smith; a few years back we belonged to the same social organization, the Servetus Club, a singles group affiliated with the First Unitarian Church of San Jose. He was a handsome, intelligent and sensitive man, out-going and friendly. At parties he had a few drinks, liked to talk, was a mixer; neither I, nor anyone I've talked to, ever saw him drunk or acting other than a gentleman. Actions Not Possible He was not, by nature, violent or pugnacious in any way. Therefore, 1 find it most difficult to believe Mr. Smith could possibly have acted in the manner described by Officers Wooley, Richter, and Watts, except under conditions of extreme provocation and/or duress. I ask all members of the Stanford community, especially residents of San Jose, to write to Mr. Thomas W. Fletcher, City Manager, 801 North First Street, San Jose; urging that; (1 ) a thorough and impartial inquiry be held by an agency independent of the governments of San Jose and Santa Clara County, (2 ) the three police officers involved be suspended from duty, with or without pay, until such time as an investigation can be completed. I'd like to close with one more incontrovertible fact. John Henry Smith was a black. (Robert H. Shepherd is an operating engineer in the Stanford Steam Plant.)
