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The Dallas Morning News: Metro

Arlington officer's death is ruled accidental
Family still waits for results from two inquiries

06/16/2001

By Jason Trahan / Arlington Morning News

An Arlington SWAT officer missed Cpl. Joseph Cushman with a fake bullet just
minutes before he was accidentally killed by a live round, authorities said
Friday.
The summary of events was part of findings from the Tarrant County medical
examiner released Friday that officially ruled his death accidental.
The report confirmed that the fatal bullet came from Officer Blane Shaw's
service pistol, which he fired during a June 7 training exercise at Ousley
Junior High School.
"I have no indication that he had the desire to kill the officer or there was
any criminal intent," Dr. Nizam Peerwani said. "He thought he was picking up a
gun that could shoot the plastic rounds."
Jim Cushman, Cpl. Cushman's father and a retired police officer, said he was
reserving judgment.
"I need a chance to look at everything," the retired Fort Worth police officer
said. "There are still two other investigations going on. I think it's only fair
to wait until all the information is in."
But he added: "Nothing that they find out can bring him back."
He said he has not spoken to Officer Shaw.
"We're still getting over losing Joey," he said. "There's so much that my mind
is clogged."
Officer Shaw could not be reached for comment. His lawyer, Richard Carter, did
not return phone messages.
Police said Friday that they are continuing their investigation into the
incident.
"I've said from day one that it appears we are dealing with an accidental
shooting at a training exercise," Arlington police spokesman Sgt. James
Hawthorne said.
The department is concluding its criminal investigation and expects to release
findings next week, he said.
"I don't think we have anything to hide here," he said. "I think when we do talk
about it, we will be forthcoming. Our investigation will be thorough and
exhaustive [to] bring confidence to the people who work for us that we aren't
going to have another tragedy like this."
Dr. Peerwani said that just before the fatal shot, one of three trainers fired a
shotgun – altered to shoot only fake bullets – at Cpl. Cushman's head as part of
a demonstration. The fake bullet lodged in the wall behind Cpl. Cushman, who had
volunteered for the demonstration, authorities said.
"At this point, because the demonstration failed, Officer Shaw decided to
complete the demonstration by firing a handgun," the medical examiner said.

"[Officer] Shaw stepped in front of [Cpl.] Cushman, and he drew his weapon and
shot him with a live round."
It is unclear whether Officer Shaw drew his service weapon from his holster or
whether he picked it up from a nearby table of training pistols loaded with
simulated ammo, Dr. Peerwani said.
"This was a regular, nonsimulation weapon. It is a service pistol issued to
Shaw. The gun is not marked [as a practice gun] in any way," he said.
Training weapons typically have markings that distinguish them from guns that
shoot live ammo.
The fake rounds can be shot from regular service weapons converted to shoot the
simulated ammo, or from training guns outfitted to shoot only that ammo.
Arlington police have not said which types of guns were present that day at
Ousley.
Ballistics tests confirmed that the 9 mm hollow-point bullet recovered during
the autopsy matched Officer Shaw's gun, a semiautomatic Glock 17 service pistol.
Tests also revealed that the gun was mechanically sound and in working order,
Dr. Peerwani said.
This story also appears in the Arlington Morning News.

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