The Tale of Two Cops

The Washington-Baltimore corridor and the surrounding suburbs probably -contain more distinct law enforcement agencies than perhaps any area double or triple its geographic size. With everything from large metropolitan police departments to numerous county sheriff’s offices, two state police departments and, of course, an array of federal agencies, many jurisdictions overlap and border one another around the Nation’s Capital. And you can bet that each department differs in its policies and training programs.

With such a variety of agencies condensed in a relatively small area, it’s likely that many officers live or frequently travel outside their jurisdictions, and are in desperate need of one law rather than the patchwork that now exists concerning concealed carry. This being the case, it wasn’t long before two examples with different outcomes occurred under-scoring the need for LEAA’s perennial flagship legislation, H.R. 218, to become part of the federal legal code. If enacted, H.R. 218, the “Community Protection Act,” would allow qualified active and retired law enforcement professionals to legally carry their firearms from state to state, and undoubtedly save countless lives.

So Close Yet So Far

In the pre-dawn darkness of Wednesday, February 26, 1997, Oliver Wendell Smith Jr., a Washington D.C. police officer, slipped from the front seat of his red 1988 Acura Legend. His duty weapon, a 9mm Glock, was secured in a zippered gym bag. It was only a few minutes past 2:30 a.m. The three-year police veteran was tired and just a few steps from the front door of his Forestville, Md., home.

As he stepped over the curb onto the patch of lawn in front of the low-rise apartment where his wife and five-year-old son slept, three men forced him facedown to the ground. At 2:40 a.m., local officers responded to a call of shots fired and found the body of Officer Smith. Three rounds were pumped into the back of his head -execution-style. He lay dead a few feet from his sleeping family. Investigators later concluded that the would-be robbers spotted his badge, and without a moment’s hesitation executed the officer, who never had a chance to retrieve his stowed Glock and try to defend himself.

Smith, by all accounts, still had the enthusiasm of a rookie working hard to become a good career cop. One of his first supervisors said that the officer was “so motivated and so concerned about doing a good job. He was always trying to do the right thing.

He was a man of principle.” Therefore, if Maryland law said this officer couldn’t travel home with his gun concealed on his person, he wasn’t about to and unfortunately he paid the ultimate price with no fighting chance of protecting himself.

Not only are politicians slow to give law officers the legal tools needed to protect themselves, like H.R. 218, but they also -create a soft-on-crime system that “recycles” criminals. In this particular case, one of Officer Smith’s killers, Antwan Delonta Brown, was on the street despite a conviction for possession and distribution of drugs while armed with a 9mm handgun. And his cronies, Anthony Allen Crawley and Donovan Shawn Strickland, were also on the street that night when their criminal histories should have kept them behind bars. Crawley had a dozen drug and weapons arrests; he was out on bond the night the trio ended Officer Smith’s life. Likewise, Strickland was awaiting trial on charges of assaulting a police officer. At least now they’re all behind bars, but not before we lost a hero.

Didn’t Leave Home Without It

Considering the many hours of training that sworn law enforcement officers receive and the experience they accumulate on the streets, it’s inconceivable that Congress didn’t pass H.R. 218 years ago when it was first introduced. What plausible argument can anyone give for not allowing these law enforcers the right to carry their firearms outside their jurisdictions when off-duty?

Just imagine the deterrent to crime if more than 1,000,000 trained and equipped law enforcement professionals (active and retired) were allowed to be armed so they could utilize their skills. There are plenty of examples to illustrate how crimes can be prevented and violent criminals captured because an armed off-duty officer was at the right place at the right time. This summer, one such case occurred just a few miles from where Officer Smith was killed two years earlier.

At approximately 8:45 p.m., on Thursday, July 22, 1999, 38-year-old U.S. Secret Service Special Agent Francis E. Peckay parked his Jeep Cherokee at Baltimore’s famous Inner Harbor. His brother-in-law, who was visiting from New York, was with him that night. Brightly lit restaurants, gift shops, the National Aquarium, and countless other tourist attractions line the -well-populated rim of the harbor. Camden Yards, the new home of the Baltimore Orioles and the NFL Ravens, were within walking distance. The harbor is often a magnet for visitors and residents, particularly on a hot summer night.

As Agent Peckay parked his Jeep and turned off the ignition, a gunman approached the passenger-side door and demanded money. The brother-in-law shoved $20 toward the aptly named robber, Levon Outlaw. As Outlaw circled to the driver’s side, Agent Peckay’s response was a little different. When the robber pointed his gun at the Secret Service agent, still in the driver seat, the agent fired his own gun several times striking Outlaw in the torso. Flooded with adrenaline, Outlaw ran several blocks before collapsing, ironically near police headquarters.

Two days later, the robber was listed in stable condition in the local hospital’s shock trauma unit. Thankfully it wasn’t the Secret Service agent and his brother-in-law who were physically harmed by this incident. Whether or not the agent was violating his agency’s policy by carrying a firearm in the liberal, gun-banning state of Maryland, we may never know. Actually, there will probably be many facts never uncovered in this case.

After LEAA received a credible tip about this story, an extensive search was conducted for newspaper accounts of this July incident—only one 280-word article was ever found. Who’s trying to cover up this life-saving story? The federal agency with which Peckay is employed? Maybe the Baltimore or Maryland State police don’t want to encourage gun owners to defend themselves; maybe they’d rather have helpless victims, sitting ducks who are dependent on a 911 response. Or maybe it’s just the media failing to see how this story fits into their -liberal agenda. The press is usually so ready to splash tales of handgun misuse across the front pages and prime time TV news. Apparently, they don’t want to publicize a hero’s story.

There’s Still Hope

Two lawmen, two assaults, two different outcomes. The former saw an officer die because he adhered to the law that required him to disarm himself before he faced his soon-to-be executioners. The latter was armed and ready to protect himself and his family. Both were confronted by career felons. One lived. One died. Had H.R. 218 been on the books three years ago, arguably Officer Smith could have hugged his wife and child that night. Law enforcement personnel, particularly those off-duty and barely a rock’s throw beyond their jurisdictions, should have the legal right to carry and use firearms for personal and family protection—it’s a fundamental must of modern law enforcement.

Unfortunately, convincing certain law-makers and administrators of the need to protect and preserve law enforcement lives isn’t so easy. But we’re getting close. Over the years, LEAA officers, members and staff have combed congressional corridors explaining with sincere eloquence the case for H.R. 218. And today, as the first half of the 106th Congress has come to a close, we have more than 100 cosponsors in the House, and a companion bill (S.727) has been introduced in the Senate.

And we’re proud to say, support is growing. Although only one-fourth of the House members have signed on as official cosponsors, the measure did receive an over-whelming 86 percent approval when it reached the House floor in June as an amendment to the Juvenile Justice Bill. But when the larger bill failed, so did all the amendments—at least for the time being.

As this article is written, a conference committee consisting of lawmakers from both chambers are negotiating a compromise between the differing versions of the Juvenile Justice Bills that came out of the Senate and House shortly after the tragedy at Columbine (remember how the media and liberal politicians demanded ineffective gun control and social programs to “save our -children”?). Apparently these conferees are considering H.R. 218 as a part of the package but, regardless of whether they include H.R. 218 or not, the Juvenile Justice Bill could be voted down on the Floor, and we’d have to depend on the success of the stand-alone bill. Although the “Community Protection Act” has received the approval of the subcommittee, the House Judiciary Committee hasn’t yet addressed

H.R. 218 as a stand-alone bill. As it looks now, we’ll pick up after the New Year where we’ve left off.

Obviously, this is the time to rally our forces and contact members of Congress. When the representatives and senators recess for the holidays, it is an ideal time to call their district offices (which can be found in the “blue pages” of your local phone book), and encourage their support for H.R. 218 and S.727. You might also catch these lawmakers making appearances when they’re back home, so you can tell them in person how strongly you believe in this life-saving, much-needed legislation.

And don’t just call your local representative—it’s a good idea to contact all congressmen in your state’s delegation. The voice of law enforcement officers still carries a lot of weight with elected officials and they know how the fraternal police network works throughout their state, not just their district.

Also, the push is still on to garner the support from more police organizations across the country. Already, 75 police groups have signed on, which shows the diversity of rank-and-file support behind this common-sense measure. Already endorsing the “Community Protection Act” are organizations like the National FOP, various municipal police unions, and state correctional -officers associations. Still, we need more.

LEAA encourages you to initiate an effort with your local association to get an endorsement for H.R. 218, and forward us a letter or resolution on the group’s official letterhead; we’ll quickly share this with the congressmen (especially those lawmakers from your state). To find a current list of police associations supporting the Community Protection Act, visit our home page at www.leaa.org, where you’ll also find a list of the congressional sponsors. This information also appeared in the Summer 1999 issue of Shield. As always, we send our thanks to those officers who individually contact Congress or lead the charge to get an organizational letter—these are the efforts that will finally bring us -success.

Let’s hope that no other officers are slain in their front yards because they are disarmed and unable to defend themselves because of a prohibitive law. It is the unfortunate tragedies like Officer Smith’s that inspire our efforts in working to make H.R. 218 law, and LEAA won’t give up until Americans have the right to self-protection wherever they travel. Together, we can accomplish this.

# # #

"Investigators later concluded that the would-be robbers spotted his badge, and without a moment’s hesitation executed the officer, who never had a chance to retrieve his stowed Glock and try to defend himself”