The State of Disarming
By Kevin Watson
LEAA Special Project Coordinator
SHIELD magazine summer 1999

In the early morning hours of July 12, 1994, Lt. Michael Lutz of the Muskingum County Sheriff’s Office was brutally murdered with his own firearm by career criminal Anthony Gross. Just 12 months earlier, Gross, 39, had been released from prison.

Lt. Lutz was responding to a burglary call when he confronted the suspect, Anthony Gross. A struggle ensued and Gross overpowered Lt. Lutz and took his 9mm service pistol. He then shot Lutz once in the body, which knocked the lieutenant to the ground. Gross then murdered Lt. Lutz, execution style, by shooting him three times in the head at point-blank range.

This was not the first time that Gross (who has a rap sheet that stretches 6 feet in length) had disarmed a police officer. On September 19, 1979, he had disarmed Muskingum County Deputy Ted Holshuer. Ironically it was Lutz (who was then a deputy) who arrived on the scene and saved the life of Holshuer by drawing his own sidearm and causing Gross to surrender.

Even though Gross’ intentions to murder a police officer were clear when he took Deputy Holshuer’s gun that day in 1979, Ohio had no law against disarming a police officer. As a result, Gross was charged with a single count of Fourth Degree Felony Grand Theft for taking Deputy Holshuer’s service pistol. Even when added to six counts of breaking-and-entering and one count of felonious assault in 1979, Anthony Gross, someone with the intent to kill a cop, only served 2 1/2 years of a 5- to 15-year sentence.

Drafting Model Legislation

Officer safety has always been a major concern for LEAA. The horrific murder of Lt. Gross, coupled with the FBI reports enumerating the officers murdered with their own firearms, demanded that something be done about the disarming epidemic.

Law enforcement agencies were taking advantage of gun-retention training and special retention holsters as tools for survival. Now, LEAA seeks to give prosecutors tools of their own to deal with these would-be cop-killers.

Spurned into action by the tragic events surrounding the disarming and execution of Lt. Michael Lutz, LEAA drafted the “Disarming a Law Enforcement Officer Act.” LEAA’s disarming act is designed as model legislation, to be copied and introduced in state legislatures across the country. This legislation makes the attempt to disarm a law enforcement or corrections officer, a serious felony. LEAA’s disarming bill isn’t just limited to firearms; it also applies to the attempt to disarm an officer of his chemical spray, baton or other weapon.

For the past five years, the Law Enforcement Alliance of America has worked to pass disarming legislation all across the country. One incredible accomplishment came when LEAA was successful in getting the disarming act adopted by the American Legislative Exchange Council as model legislation. ALEC is a group of conservative legislators (both Democrat and Republican) who work together sharing legislative remedies from state to state to better solve the problems facing our country. As such, LEAA’s disarming act has been presented to legislators in almost every state for their consideration.

Since it was first written by LEAA five years ago, the disarming act has been considered by almost half of the nation’s state legislatures. Twenty-two state legislatures have introduced bills modeled after LEAA’s disarming act, and in eight states, disarming legislation has passed and been signed into law. It seems like common-sense legislation, but we have to do even more to get the attention of legislators. Nonetheless, its success is a prime example of how LEAA and its members and supporters are working together to reform our nation’s lenient criminal justice system.

Disarming legislation is indicative of a real-world solution to the threats police officers face, rather than the unrealistic, faulty proposition of smart-gun technology or soft-on-crime social programs. Politicians pontificate about how to make our streets safer, and subsequently they push gun laws to restrict honest Americans’ rights, or they mandate “inventions” like smart-guns that will only further complicate law enforcement. On the other hand, LEAA’s alternatives are the passage of laws like the disarming bill, the elimination of weight-training and martial arts training in detention facilities, and the increase availability and funding of body armor. These approaches will save officers’ lives and it’s the best way to show genuine support for our local police.

Since the first passage of LEAA’s “Disarming a Law Enforcement Officer Act” in the state of Ohio, we have discovered concrete proof of the law’s success ­ in the form of testimonials from officers on the street. We have received numerous thank-you letters from officers who have been assaulted by criminals who tried to take the officer’s firearm during a struggle. These officers were fortunate enough to survive their deadly encounters. Thankfully, they were also able to see their assailants charged with serious felonies and sentenced to long prison terms ­ the result of LEAA’s “Disarming a Law Enforcement Officer Act.”

In The State Legislatures

U.S. Rep. Bob Ney (R-Ohio) has once again introduced legislation in Congress to increase the penalties for taking (or attempting to take) a federal law enforcement officer’s firearm while he’s engaged in his official duties. Currently that bill, H.R. 735, has 20 cosponsors.

Additionally, during this most recent legislative session, LEAA’s disarming legislation was introduced in Iowa, Kansas, Nebraska, New Hampshire, Pennsylvania, Utah, Wisconsin and West Virginia, and LEAA was successful in seeing the disarming legislation signed into law in Utah and Iowa.

In applauding Iowa’s legislature for enacting this disarming bill, LEAA Executive Director Jim Fotis said, “With this law on the books, criminals will think twice before attacking an officer. And those who make that grave error will be held accountable for their criminal behavior.”

And at press time, LEAA’s disarming bill in New Hampshire, introduced by State Rep. Leo Pepino (an LEAA member) had passed the house and received a unanimous “ought to pass” recommendation from the Senate Judiciary Committee. “If it can act as a deterrent, it will serve its purpose.” Rep. Pepino said. “Any measure that can be taken to ensure the safety of our officers on the street is worth pursuing.”

Since the New Hampshire legislature began considering this bill, one local officer accurately explained the need for the disarming act. The Boston Globe quoted Capt. Fred Rubino, of the Portsmouth (N.H.) Police Department, as saying, “I don’t think you’ll find any police officer who wouldn’t be in favor of a bill like this. Anyone who tries to pull the gun out of a cop’s holster has some bad intent, and we don’t have replays in this business.”

To encourage further enactment, LEAA representatives will be meeting with legislators from various states this summer at the national meetings of the American Legislative Exchange Council and the National Conference of State Legislatures. These events are key opportunities for LEAA to share model legislation, such as the “Disarming a Law Enforcement Officer Act,” with members of virtually every state legislature in the nation.

It is the goal of the Law Enforcement Alliance of America to pass the disarming act in all 50 states. Law enforcement officers suffer tens of thousands of life-threatening assaults by criminals every year. However, there is no need for them to suffer assault from a criminal justice system that lets these would-be cop-killers loose on misdemeanor charges. With LEAA’s disarming act, we can make America’s streets safer for law enforcement and law-abiding citizens by putting these criminals where they belong ­ behind bars.

Read LEAA's
Press Release
on the March 11 Georgia Courtroom Shooting

Read LEAA's
Backgrounder
on our ongoing efforts to protect officers from disarming attacks

We received this gratifying letter here at LEAA a few months ago from an officer in Maryland who has recently joined LEAA. It’s testimonials like this that reassure us we’re truly making a difference in the law enforcement profession ­ and we just had to share excerpts of Cpl. Stuart’s letter with our other members.

Dear LEAA:

I am a police officer in Frederick, Md., and in March 1997, I responded to a large disturbance at a night club. It was nearly 2 a.m., and we observed about 200 people in the street causing a commotion. It appeared that a fight had just ended or broken up due to our arrival. We observed a local known PCP-user (6 foot, 4 inches and about 300 pounds) assault another man and we moved in to make an arrest. He assaulted us and during the course of the struggle, he attempted to remove my Glock 17 from my holster. I was able to prevent him from doing this and he was brought to the ground by another officer. Though we struggled for my firearm for only a few seconds, my holster was bent and my rubber pistol grip was twisted in another direction.

I charged him with attempting to Disarm A Law Enforcement Officer. I have not been a member of LEAA very long and never knew until your Fall 1998 issue of the Shield (my first issue) that LEAA was the organization behind this law. I am very grateful for this tool that allows us to prosecute criminals for such acts and the fact that the law is specific in its application in protecting law enforcement officers in their duties.

The perpetrator was later found guilty of the charge, as well as Second-Degree Assault and Resisting Arrest. This convicted felon should never have been on the street in the first place.

I just thought you would like to know that your efforts have paid off and I, for one, am very grateful.

Cpl. Sean R. Stuart
Frederick, Md.