A Tale of Two Neighbors

Much of the National Rifle Association’s current agenda in federal and state legislatures is aimed at expanding Americans’ ability to employ lethal force with a firearm in self-defense, which they assert is a “fundamental, God-given right.” This agenda includes weakening the requirements to obtain a concealed handgun permit, expanding the number of places (public and private) where concealed handguns can be carried, and enacting “Shoot First” laws that remove an individual’s duty to retreat from potentially violent confrontations. “When seconds count, the police are minutes away,” is the mantra frequently heard from self-defense proponents in the gun “rights” community.

When you allow and encourage untrained individuals to make unilateral decisions in heated situations involving firearms, however, the rule of law is weakened and there is a heightened potential for accidents and unnecessary violence. Last summer, two would-be vigilantes in Utah learned this lesson the hard way, and the result was a tragedy that has devastated two families and divided a community.

During the summer of 2009, there had been a string of car burglaries and mailbox thefts in the Bluffdale, Utah community of Parry Farms near Salt Lake City. Reginald Campos, 43, and his family had been the victims of several mail thefts. In addition, late at night, someone had broken into his garage, forced open three cars, and stole some of the family’s credit cards. The police were contacted.

Another resident in the community, David Serbeck, 37, had warned neighbors of the thefts and organized a community watch group. On July 21, 2009, Serbeck, a former army sniper, and Troy Peterson, president of the local homeowners’ association, drove through the neighborhood looking for criminal activity after being given photos of suspicious cars by a friend in the Salt Lake County Sheriff’s Department. Serbeck, who holds a permit to carry a concealed handgun in Utah, brought a loaded handgun with him.

At one point in the night, the men almost hit two girls walking in the street and stopped them to ask some questions. The girls continued on to a friend’s house, picked up two others friends, and started driving to one of their houses. When they saw Serbeck’s SUV again, they thought they were being followed. In reality, they were—their car matched one of the photos Serbeck and Peterson had.

One of the girls was the daughter of Reginald Campos. She called her father and he got in his car to find the girls. After locating them, he escorted them back to his house. Then Campos and his daughter went back out to find the SUV Serbeck was driving. Campos brought a loaded handgun with him. Although Campos does not have a permit to carry a concealed handgun, Utah law allows anyone age 18 or over to legally carry a handgun in their car without any formal safety training.

According to Serbeck, Campos sped his own SUV in front of Serbeck’s vehicle and “slammed on [the] brakes, forcing him to stop.” Campos then exited his vehicle with his handgun drawn and ordered Serbeck to put his hands up. Serbeck states he got out of his SUV holding his handgun upside down, by the barrel. He then placed the gun on the ground and kicked it away. Campos then fired two shots at Serbeck, striking him once and damaging his spinal cord. Peterson, who remained in Serbeck’s car, corroborated this account. Detective Paul Nielson of the Salt Lake County Sheriff’s Office reported that, “Serbeck’s firearm was on the ground when officers arrived [at the scene], and…had the safety lock on.”

Serbeck is now paralyzed from the chest down and Campos has been charged with attempted murder. He is claiming self-defense, despite Serbeck and Peterson’s statements. Salt Lake County Deputy District Attorney Alicia Cook sees things Serbeck’s way. “We determined that there was no reason to use deadly force in this situation,” she said. “There is just simply not a justification for that shooting.”

Campos’ attorney, Greg Skordas, blamed a gun culture run amok in Utah. “If you and I jumped out of our cars [unarmed], we shove each other, maybe walk away embarrassed. But they had to make a decision,” he stated.

Levi Hughes, the Salt Lake County Sheriff’s Office Crime Prevention Deputy, agreed that the presence of firearms turned what should have been at worst a fistfight into a tragedy. “If you have a gun, sometimes people will feel more empowered. Problem is they don’t have the training, knowledge or experience to handle a confrontation that would require a gun,” he said. The Salt Lake County Sheriff’s Office stopped sponsoring mobile patrol programs about ten years ago after patrol members were involved in a similar incident involving a car chase and shooting.

The Sheriff’s Office does, however, sponsor neighborhood watches. “We come to [residents’] homes. We talk to them about the things they need to watch out for, things they need to do to protect themselves.” But residents are not encouraged to become vigilantes. Officers tell them, "Don't take firearms with you and don't get involved. You don't stop people and interview them, don't question people you think might be involved in a crime. Leave that to law enforcement.”

To Hughes, the Bluffdale shooting should be a clear warning to other would-be vigilantes: “This is an example of what’s happened before and could happen to you if you take the law into your own hands.”

In one final tragic irony, federal authorities are close to indicting four suspects for the thefts at Parry Farms. Authorities credited the information given to them before the shooting by Reginald Campos with helping them crack the case.

The Right Priorities

Two recent stories in California shed light on how the concealed handgun permitting process in the state works—and sometimes doesn’t work.

The first story involves a local sheriff in Orange County who is garnering criticism for placing public safety too high on her priority list. Sheriff Sandra Hutchens replaced Sheriff Mike Carona in 2008 after Carona was indicted on federal corruption charges. Carona had also come under scrutiny for his practice of providing friends and business associates with concealed handgun permits. “The policy under the previous administration was to freely give them out,” Hutchens stated. “It comes down to whether you’re going to follow the law. The prior sheriff did not.”

Carona set up a program where those who donated over $1,000 to his campaign were granted concealed handgun permits and badges through a program called "Professional Service Responders." An investigation revealed that the recipients of these permits gave at least $68,000 to Carona. One of these permit holders, Carona's former martial arts instructor, was sentenced to six months in prison after drawing his gun in a dispute on a golf course. Others had prior criminal convictions before receiving a permit.

California is a “May-Issue” state, meaning that law enforcement officials have discretion in issuing concealed handgun permits. Applicants must provide a “good cause” for wanting a permit and demonstrate “good moral character.” They are interviewed and run though a computerized instant background check, and can be required to submit a medical clearance letter from a physician and/or undergo psychological or polygraph testing. Hutchens’ policy is to issue permits to “persons of good and upstanding character who possess credible, significant, and substantiated cause to fear for their safety. [Permits] will not be issued for political, social or other reasons.”

Since coming into office, Hutchens has revoked 132 permits issued by Carona (individuals targeted for revocation were given the option of having their permits expire early so they would not have a “revoked” denotation on their record). Another 168 individuals permitted by Carona did not seek renewal. Of the applications for new permits and renewals evaluated by Hutchens, 564 out of 642 have been approved (90%).

This is apparently not good enough for the National Rifle Association (NRA), gun rights activists, and certain county supervisors, who have accused Hutchens of launching a “misguided jihad.” One man who had his permit revoked by Hutchens stated, “It’s a telling sign of a public official who brings in a philosophy from Los Angeles that doesn’t belong in Orange County and imposes that philosophy against the will of the people and the board that hired her.” The two men running against Hutchens in the November elections, Bill Hunt and Craig Hunter, have also harped on the issue.

Another recent story from California, however, reinforces Hutchens’ wisdom in taking a close look at applicants for concealed handgun permits.

On February 26, law enforcement officials went to the Minkler community home of Rick Liles with a warrant for arson and firearm violations. When they attempted to arrest Liles, he responded with gunfire from an AR-15 semiautomatic assault rifle. At least 150 officers from nearly a dozen agencies arrived on the scene to lay siege to the mobile home. After firing 400 rounds of ammunition into the trailer, authorities were finally able to suppress Liles’ fire. Tragically, Fresno County Sheriff’s Deputy Joel Wahlenmaier was shot dead and Reedley Police Department Officer Javier Bejar was critically wounded (another officer sustained minor gunshot wounds). Officer Bejar was taken off life support and died on March 1.

When authorities finally entered Liles’ trailer hours later, they found him dead from a self-inflicted gunshot wound. His personal arsenal consisted of five handguns and five rifles.

Liles had been issued a permit to carry a concealed handgun by Fresno County in 2003. He renewed the permit on two occasions before it expired in the summer of 2009.

This was despite Liles’ personal history, which indicated a propensity toward violence and mental instability. Neighbors and local residents had accused Liles of setting fires on their property and firing bullets into nearby homes, one of which “caused minor injuries to a neighbor.” Mary Novak, owner of the Minkler Cash Store, had been one of Liles’ targets. “I don’t think it was focused towards me,” she said. “I think he was reaching out for something, maybe help.” Liles’ wife Diane “told police that [he] had been taking several medications, including Prozac.” She also indicated he was becoming increasingly paranoid with violent thoughts. Liles told Diane several times in recent months that he intended to shoot officers and then take his own life rather than go to prison.[Diane has a violent past of her own—she was convicted in 2005 of threatening to kill a co-worker with a gun.]

Incidents like the one in Minkler demonstrate the importance of thoroughly screening concealed handgun applicants to ensure their mental stability and good character. If every sheriff in California embraced comprehensive and thorough screening procedures like Sandra Hutchens, it would be extremely difficult for dangerous individuals to obtain concealed handgun permits. In a state that loses over 3,300 of its residents to gun violence each year, citizens should lend their support to a sheriff who values public safety over the personal convenience of a small group of individuals.

"This Kid's Nothing But Trouble."

On April 4, 23 year-old Richard Poplawski shot and killed three police officers who were responding to a 911 call at his home in Pittsburgh, Pennsylvania. Poplawski, wearing a bulletproof vest and armed with a shotgun and an AK-47-style assault rifle, ambushed two officers who entered his house. He then managed to hold off police and SWAT team members who responded to the scene for four hours, firing approximately 100 rounds in the process. Poplawski has been charged with three counts of criminal homicide and nine counts of attempted homicide, including the wounding of a policeman who was trying to assist a fallen officer.

It was quickly learned that Poplawski is a White Supremacist with a long and disturbing history of violent behavior. He frequently visited, and posted messages at, the Neo-Nazi website Stormfront.org. Poplawski’s best friend, Edward Perkovic, stated that he “didn't like the Zionists controlling the media and controlling, you know, our freedom of speech.” On November 1, 2008, Poplawski wrote on Stormfront: “A revolutionary is always regarded as a nutcase at first, their ideas dismissed as fantasy ... If a total collapse is what it takes to wake our brethren and guarantee future generations of white children walk this continent, if that is what it takes to restore our freedoms and recapture our land: let it begin this very second and not a moment later.”

Poplawski’s problems date further back, however. He was expelled from North Catholic High School in his junior year for reasons that have not been fully disclosed. In 2004, Poplawski enlisted in the Marines and entered boot camp at Parris Island, South Carolina. He was discharged from the service just 23 days later, apparently for assaulting a drill sergeant. A year later, Poplawski’s former girlfriend, Melissa Gladish, received a protection from abuse order against him. “He was a violent, abusive man,” she said. “He dragged me by the hair, pulling me across the floor. I saw him choke his own mother. He was controlling.”

Despite this history, subsequent investigation has revealed that Poplawski passed the required background checks and bought his shotgun and two handguns at Braverman Arms Company in Wilkinsburg, Pennsylvania. Poplawski’s best friend, Edward Perkovic, has also reported that Poplawski possessed a permit to carry a concealed handgun in the state of Pennsylvania. "I've seen it. He showed it to me. He said, 'Eddie, get one of these,'" remembers Perkovic. Poplawski also posted on the Pennsylvania Firearm Owners Association website under the username “RWhiteman” and in one thread complained that the state of Maryland did not recognize his concealed carry permit when he traveled there.

If Poplawski was dishonorably discharged from the military (citing privacy laws, the Marines have refused to divulge this information), then he would have been barred under federal law from owning or purchasing firearms. He also would have been barred under federal law from purchasing or owning firearms while he was the subject of Melissa Gladish’s protection order. It is unclear at this time exactly when Poplawski purchased his guns. It is also not known where he obtained his AK-47 assault rifle, although he frequently bought and sold guns online through unregulated private sales.

What is more baffling is how Pennsylvania authorities could have issued Poplawski a permit to carry a concealed weapon. Pennsylvania is a "shall issue" state, meaning that local law enforcement must issue a concealed weapons license if the applicant passes a computerized background check and meets certain basic qualifications. Nonetheless, these guidelines state clearly that an applicant should be denied a permit if he/she “has a character and reputation indicating the applicant would be likely to act in a manner dangerous to public safety.”

Poplawski not a threat to public safety? Even a cursory investigation into his background would have revealed that he was a violent individual with racist, anti-government views. In the words of one of Poplawski’s neighbors (whose stepdaughter was threatened by him), “this kid's nothing but trouble.” Why that wasn’t patently obvious to Pennsylvania authorities is worth examining.

Road Rage

On August 5 in Pembroke Pines, Florida, a quiet morning erupted in tragedy when Special Agent Donald Pettit was shot and killed in the parking lot of a post office by James Patrick Wonder. Pettit, who was employed by U.S. Customs and Border Protection, was traveling along a Florida highway with his 12-year-old daughter when an incident of road rage led to a needless death.

For miles, Pettit and Wonder participated in an aggressive game of “chicken,” cutting off each other’s cars, slamming on brakes, and cursing heavily. When Wonder pulled over into the parking lot of a local post office, Pettit followed him.

The two men exited their cars and an argument ensued. Wonder, a concealed carry permit holder in the state of Florida, then drew his handgun and shot Pettit, who was unarmed, in the back of the head. While Pettit’s daughter looked on in horror, Wonder went back to his vehicle and fled the scene, leaving the federal agent to die.

Wonder attempted to elude police by dying his hair and driving in a rental car, but after a massive 24-hour manhunt, he was apprehended by authorities at a dialysis clinic thanks to an anonymous tip. “We told you we would get you,” said Pembroke Pines Deputy Chief Mike Segarra to a cheering crowd of law enforcement officers at a press conference later that evening. Police recovered several handguns from Wonder’s home, including the weapon they believe was used to shoot Pettit.

While Wonder was initially charged with premeditated murder and held without bond, on August 28, a Broward County grand jury indicted him on a lesser charge, manslaughter. Wonder then posted $10,000 bond and was released from jail. He now faces a maximum of 15 years imprisonment. Had he been charged with premeditated murder, Wonder could have received life in prison or the death penalty.

Frank Maister, an attorney for Wonder, expressed disappointment that the grand jury chose to indict his client. He also indicated he will argue his client acted in self-defense. He might have a strong case due to a Florida law that lowered the standard for using deadly force in public places. Previously, Florida law required citizens to retreat from a situation in which they felt threatened if they could do so safely. Florida’s 2005 “Shoot First” statute, however, changed the law so that, “A person who is not engaged in an unlawful activity and who is attacked in any…place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”

Clearly, both Wonder and Pettit were at fault that day for allowing their road rage to escalate into dangerous behavior, and Pettit was wrong for following Wonder into a parking lot and confronting him. Beyond that, however, we are left with several important questions… Why didn’t Wonder call the police or drive to a police station if he was being followed by Pettit? If he was being actively attacked by Pettit, then why was Wonder uninjured, and why was the fatal bullet wound in the back of Pettit’s head? Most importantly, why would a man who acted legitimately in self-defense flee a crime scene (leaving a child to deal with her dead father) and attempt to evade police capture by ditching his car and disguising his appearance?

No matter what answers we eventually find, the sad fact is that no one had to die that day. The presence of a handgun during a moment of passion turned what should have been a shouting match or at worst a scuffle into a fatality that has left a family “destroyed.”

A Case of "Self-Defense"

At 1:56 a.m. on the morning of July 13, Officer Joshua Miktarian of Twinsburg, Ohio, pulled over Ashford Thompson on suspicion of drunken driving. Dispatch tapes reveal that 90 seconds after making the stop, Officer Miktarian radioed for assistance and then failed to respond to the questions of the dispatcher and his fellow officers. During these critical moments, Thompson used a Kel-Tec P11 handgun to fatally shoot Miktarian four times in the head at close range. The location of two recovered bullets suggest that Thompson continued to fire even after Miktarian had fallen to the ground. Officer Miktarian never had a chance to draw his own weapon, which remained in his holster as he was flown to emergency medical care.

Thompson fled the scene and was later found with a handcuff on one wrist at a relative’s home, where he was arrested without further incident. Prosecutors are seeking the death penalty—Thompson is facing charges including aggravated murder, resisting arrest and tampering with evidence.

Thompson possessed a concealed carry permit in the state of Ohio and had no criminal record whatsoever. His defense attorney, Larry Zukerman, has argued that he acted in self-defense, but refused to offer any additional details. Prosecutor David Maistros has responded by saying, “He’s Mr. Thompson’s lawyer and he has a job to do. But self-defense? I’d find that laughable.” Added Twinsburg Officer Tom Austin: “Just because you have the right to carry a gun, it doesn’t give you the right to slaughter somebody.”

Sergeant Darren Senft from nearby Warrensville Heights commented on the dangers that law enforcement officers face in pulling over armed drivers: “When you’re making a traffic stop, you have no idea who this person is. There are so many unknowns.” The National Law Enforcement Officers Memorial Fund reports that 20% of fatal police officer shootings occur during traffic stops.

Friends and family remembered Josh Miktarian as a man who “brought laughter everywhere he went.” He leaves behind a wife (who is also a police officer) and a three month-old daughter. At a candlelight vigil conducted in his memory, Cindy Steele, wife of a local police officer, told the gathered mourners, “Look around you…We are good, caring people here…people who value human life.” Just a day earlier, Ashford Thompson made it apparent how little he valued human life by stealing Officer Miktarian away from his friends and family. As an individual licensed to carry a concealed handgun, Thompson was obliged to act responsibly with his firearm. Instead, he used it to needlessly kill a man who had dedicated his life to serving and protecting his community.