16 August 2008

KingCast This American Life epiphany #1: Missing audio as Bruce McKay ignored actual dispatch requests on 5/11.

In preparation for next week's North Country guests and for the lawsuit I just filed with the assistance of retired LE (KingCast v. McLeod et al, Grafton Superior 08-E_192) I figured I would take a deeper look into things. Here’s what I see after another review using the dispatch calls. Note: There is about a 6-minute difference between the Dispatch time and the dash cam time (an eternity in baking a cake, much less effective law enforcement but that’s another issue).

I will check to see if I have the same audio as these online clips (fixed link) at Concord Monitor. Update: Those are the Concord Monitor clips so either they didn't get everything either or they selectively posted. I'll be getting another copy from Kelly next week to clear things up.

Tape One: 6:04:03 – 6:07:24
* Early on in the first few seconds McKay calls for backup, at about dash cam time 19:09:40 as he turns around on 116. However, he never tells Liko Kenney he called for backup when Liko tells him he would like another officer present. Liko telephoned his uncle three (3) times to be a witness, but he missed the calls. His uncle, a well-respected business man, lives about 700 feet from the tragedy, where Liko was pointing to McKay to go to so he could have an adult witness.

*
Last thing you hear from 44K is “subject disobeying,” at 6:07:03 as Liko Kenney and Caleb Macaulay pull away after McKay tells Liko he’s not entitled to have another officer present. Consistent with the time discrepancy, this occurred at 19:13:00 by dash cam time.

Tape Two: 6:07:24 – 6:09:15

* Whoops. There is no Tape Two. Sorry. The action resumes next at 6:09:15 just before McKay exits his 5,500lb Tahoe. I’ll be notifying GCSO and Kelly Ayotte about this. At any rate, McKay is indeed incommunicado for the entire time that he drives up 116, does the “10 point turn” as described by Rebecca Bell, and then bashes Liko’s car and OC Sprays him as he violates 8 pursuit and OC Spray directives. Sadly, we do not hear from McKay or Liko Kenney again. Exactly three (3) minutes elapsed from the time that Liko and Caleb drove off and what is apparently the first gunshot at 19:16:00 dash cam time, or about 6:10 Disptach time.

Tape Three: 6:09:15 – 6:10:08
* “Grafton to 44K…” (repeat 3 more times). Note that McKay should have been situated in his cruiser, responding instead of getting ready to copiously violate town policies as his last act on this Earth. Dispatch would have likely told him to order Liko to remain in his car with a bullhorn and wait for backup, duh. But Bruce had to John Wayne it. Read the GTi story.

Tape Four: 6:10:21 – 6:12:37
* “Grafton to 44K….” then as Grafton is advising another responder 520D, Floyd Jr. announces “Officer Down, Officer Down,” at 6:11:21. This was just about one minute after the shootings, which started at 6:16:00 by the dash cam, which would be about 6:10 Dispatch time.

Wherefore, I want “Tape Two.” Has anybody out there ever heard “Tape Two?” It may exist but I don’t see it on the files I have, so we need to fill that gap, yah.

Related post: A sexy case from Canada on "Malicious abuse of public office."
Related video: Liko Kenney speaks on life in North Country.

6 comments:

Anonymous said...

He calls for "back-up". If he felt the stop required assistance then he should have waited for another officer to arrive. If he informed Liko that "back-up" was on the way I bet Liko would have remained in the car until it arrived and not have made the choice to leave to go to a safe haven.

He knew he had help on the way. He new Liko and where he lived. He knew where Liko was going.

He could have waited for his "back-up" to arrive and if content on apprehending Liko they could/should have done so in a different manner that did not put so many lives in jeopardy including his own.

Liko at a young age and no police training used more professionalism with trying to diffuse the situation then McKay.

In my opinion there are many reasons McKay did not wait for "back-up". All for the wrong reasons.

Here are a few;

power, control, and the long standing issue that he was allowed to abuse the very people he was suppose to protect.

By allowing McKay to abuse this authority given to him the Town of Franconia created a monster. This one with "weapons" and "destructive devices".

Just because he had a badge did not give him the right.

Christopher King said...

8:17

I know. Stupid head games and control and power issues that were clearly -- and I mean clearly -- documented years ago by Ms. B after he took that knife to near her privates and she wrote that 13 page complaint that was ignored.

******

Now for epiphany #2 about an abusive man twice Liko's age with a gun (in fact many guns at times, all of them illegal) but no badge, read this.

Christopher King said...

PS Newbies need to see my Affidavit based on my interview with Ms. B.

She holds a criminal justice degree and was a certified instructor and professor and married to a police officer BTW.

*******

"I went to Chief Montminy directly with my concerns and he asked me to put them in writing so I wrote the 13 page complaint, to which I never received any response. I told him my credentials include a BS in Criminal Justice, a teaching certificate and being an elected public commissioner."

"After the stop, but before I wrote the complaint McKay stopped us to scare us and he knew I was not driving because of my ALS and knew my daughter was driving because he saw us get in the car. I told my daughter 'don't roll down your window this guy is nuts....' and said to McKay, 'Bruce you know I wasn't driving you saw us get in the car...."

"My husband was a police officer and his friends at the Attorney General's office suggested I write a complaint."

"I recommended he be sent to a certified psychologist for cognitive testing for communication and control issues... this could cause serious problems for officer McKay or Franconia."

"I said that ambiguity in policy and procedures makes Bruce McKay a dangerous person."

"I said I am not writing to retaliate and said this should serve as an instrument to warn Franconia of a dangerous situation."

I said that consideration of assessment information as well as citizen reports should determine his ability to perform the duties of a law enforcement officer."

*****

Now here's the crazy thing. The town is fighting me now over an important 2006 complaint they say they don't have to produce because it was part of an investigation. I was entitled to receive this complaint, however, because they failed to investigate it.

Huh? So anytime they want to make a complaint disappear, just open an "investigation" and poof!

Out like a light.

No matter, they are arbitrary and capricious anyway. Dig this post, where I got a copy of a complaint and the investigation into it just a few months ago.

Christopher King said...

3:41

You're right, dispatch shouldn't have to tell Bruce what to do, he should have followed basic protocol which would have been to wait for the backup he requested.

But protocol didn't mean much to Bruce anyway, witness the 8 violations thereof.

As to the Unconstitutional force employed by the Tahoe, the tyre tracks say it all. There was no need to put on a new bumper. Think of Evander Holyfield striking you in the chest. No marks, but you are still terrified.

Something tells me you -- and I do mean you -- never wanted me up North anyway, so you telling me I'm "no longer" wanted really doesn't mean much.

In fact, it means less than zero.

What would mean something is you explaining why Bruce McKay didn't respond to Dispatch and whether or not you have those missing audio segments.

Chew on that, pal.

Christopher King said...

3:41

Also, I struck your post but reposted it without the cuss words.

And as to your allegations about Liko's family, Bill and Davey have outwardly supported my efforts at Truth that you like to call a vendetta.

And while I'm at it, so you understand perfectly yah, the cop makes his own choices, but if you're going to tell me it's not customary for Dispatch to say "Car blankety-blank, hold for backup," then you are even dumber than you sound in the first place.

******

Mr. King....you really are ignorant and mis-informed, did you know that??? I love the part where you say "Dispatch would have likely TOLD HIM [Bruce] to order Liko to remain in his car with a bullhorn and wait for backup, duh..." Since when does a dispatcher TELL A POLICE OFFICER TO DO ANYTHING?? Last time I checked, the cops don't work for the dispatchers (they handle information...that's really it), and his decisions were made on his OWN good or bad. Bruce had NO OBLIGATION to coddle to Liko's little [expletive deleted because somebody lost his cool on my blawg] ass requests, esp. after he took off from Bruce earlier down the road. "Oh...I just want to drive up there (pointing)....up there!!!" What an idiot. Since when does the CRIMINAL get to dictate what he does in the presence of a cop?? Bruce was under NO OBLIGATION to call for backup at ANY TIME. Could it have been a better decision??....maybe, and I'll give you the "bad decision" argument on both men's parts. Go back to school Mr. King. I really can't believe that you support this mindset, as apparently [self proclaimed] open minded and thorough as you "are". And as a side note, if Bruce "bashed" Liko's car as hard as you make it out to be, why were there NO DENTS OR DAMAGE WHATSOEVER on the Tahoe bumper???? Hmmmmmm...another conspiracy for you to ponder??? Maybe the Tahoe was brought to a shop later and a whole new bumper put on as a cover up. (yeah...let's run with THAT!!!) Yes, the video does clearly show him bumping it and pushing it, but cut the crap with the way you blow this stuff out of proportion....Oh..and by the way, from SEVERAL people in Franconia (icluding several of Liko's family members!!!)..everyone is gettin' pretty tired of you being around. No really. They aren't interested in you fighting their battles any longer, and you seem to have dug your own grave....every day losing more and more respect in the area. You have a vendetta, plain and simple, and everyone sees that now. Stay down south where you belong, we don't want you here anymore.

[From 3:41]

Christopher King said...

Another thing:

Some small town cops manufacture crime. What happened to Liko Kenney in 2003 was total crap, and his Civil Rights were violated for having an unlawful seizure without probable cause, as Judge Cyr determined for the others who were arrested at the time.

Leave it to a U.S. Serviceman who grew up in the area, and who wrote me, to explain it:

"i used to live in franconia when i was a kid....i do know small town cops. and thats pretty much how they always treated us. bully you into screwing up. chase you when they should just call it in. like mckay didn't know where liko kenny lived right? couldn't have just followed him home called for a witness then handled his business. its not like the kid was asking for a get out of jail free card here. just another set of eyes so it wouldn't just be his word against a police officer. i live in vermont when i am at home. and i am pretty sure that asking for a witness is not all that much to ask for. especially when this kid had had serious issues with him in the past.... i really hope someone from an outside law agency takes a good look at this. its ripping the soul out of one of the coolest towns in NH."