[i]Here is the full text[/i]
May 30, 2003, 10:29PM
[b]Slain officer's gun ruled out in tragedy[/b]
Tests show weapon OK during shootout
By PEGGY O'HARE
Copyright 2003 Houston Chronicle
Tests on slain Houston police Officer Charles Clark's gun, which jammed moments before he was killed, indicate the weapon was in good working order after the tragedy, a Houston Police Department report shows.
The findings mean Clark's gun may have malfunctioned for other reasons, possibly human error, a problem with the ammunition or perhaps even because the gun banged against something or was grabbed by its barrel, firearms experts say. But the weapon itself cannot be blamed for the tragedy, they said.
HPD officials declined to comment on the report to avoid jeopardizing the case because the people charged in Clark's death have not gone to trial.
Clark, 45, died April 3 when he entered a southeast Houston check-cashing store by himself, trying to stop a robbery. Store clerk Alfredia Jones, a 27-year-old single mother of two working alone that day, also was killed.
After he was shot in the shoulder, Clark returned fire with one round, but his gun jammed. One of the robbers then shot him in the head, police said.
But Clark's gun -- a high-powered Browning 9 mm semi-automatic handgun -- functioned as designed during tests conducted a month after his death, according to a firearms laboratory report recently released by the department.
Clark's shoulder injury may have caused him to hold the gun improperly, in a manner that gun enthusiasts call "limp wristing" -- not locking his wrist before firing the gun, one expert said.
That could have caused the gun to jam.
"People close to the case believe Clark may have been shot, and as he was shot, he fired his pistol without holding it in a rigid, ready position," said an officer close to the investigation, who asked to remain anonymous. "Because of his injury, he might have accidentally touched the round off -- it went up in the ceiling.
"We took Clark's gun and fired it, and it works fine in the lab. He had qualified with that gun two months prior to the shooting, so we know it was working then," the officer said.
Another gun expert who reviewed the department's report agreed Clark's weapon was not faulty.
"Looking at this (report), there was nothing wrong with the gun," said C.E. "Chick" Anderson, a longtime firearms examiner who retired from the department in 1998 and now is Brookside Village police chief in Brazoria County. "From everything it shows, the gun was in good condition."
That does not necessarily mean Clark did anything wrong, Anderson said. There could have been a problem with the ammunition or perhaps even interference by the robbers during the confrontation, some said.
"They could have grabbed the end of the barrel of his gun, and that would cause it to malfunction," Anderson said. "When adrenaline's pumping like that ... there is never anything perfect in a shootout."
Houston police do not provide guns and ammunition to its officers. Rather, officers bring their own guns to the job and must qualify with their weapon once a year in order to keep their certification as peace officers, as required by the Texas Commission on Law Enforcement Officer Standards.
Officers such as Clark, who worked for the department before it narrowed the list of approved weapons in 1997, were grandfathered in and allowed to continue using the weapons they'd relied on for years, as long as it was a .38-caliber weapon or bigger.
The type of weapon Clark was carrying the day he died is not one commonly used by officers, said Hans Marticiuc, president of the Houston Police Officers Union.
"You don't see too many officers carrying the Brownings. It's an older model single-action -- many officers are carrying some type of double-action semi-automatic at this point," Marticiuc said Friday.
Despite that, Marticiuc doesn't believe the tragedy of Clark's death should prompt a policy change within HPD.
"The officers who have been here a while, they carry what they feel comfortable with. I think it's just one of these flukes. It's a mechanical thing, and sometimes things go wrong," he said.