Prisoner shot Three times in stolen Police car 

Shortly after midnight on July 10,1998 (approximately three
week after the Christensen burglary), Officer Swihart of the
Palmer Police made a traffic stop. It turned out that the driver
of the car, George Watson, had a suspended driver's license; in
addition, there was an outstanding arrest warrant for Watson's
arrest. A second officer, Officer Rowland, now arrived to assist
Swihart. Watson was handcuffed and placed in the rear seat of
Swihart's patrol car.

Two passengers were riding in Watson's car. One of these
passengers identified himself as "Donald Peitre". However, "Mr.
Peitre" was carrying an ID card that identified him as Michael
Griffin. Griffin kept asking for permission to return to Watson's
car. (The police later discovered a duffle bag containing loaded
firearms inside the car.) Swihart refused Griffin's request and
instead informed Griffin that he was under arrest.

But when Swihart attempted to handcuff Griffin, Griffin
pushed the officer aside and started to run away. When Swihart
grabbed for Griffin, Griffin tried to seize the officer's sidearm.
Mistakenly thinking that he had hold of the officer's gun, Griffin
pulled an object free from the officer's belt and began to yell,
"I've got your gun!, I've got your gun!". Griffin had in fact 
seized the officer's baton. When Griffin realized his mistake, he
then grabbed the officer's sidearm (which was still holstered) and 
tried to wrest it free. The two men grappled on the ground. Griffin
repeatedly struck Swihart in the face and head. Swihart used 
pepper spray on Griffin, but to no apparent effect.

In the meantime, Officer Rowland had been chasing the
other passenger (who had also run away). But when Rowland heard
Griffin yelling, "I've got your gun!", he came back to aid Swihart.
Finding Swihart and Griffin struggling together on the ground,
Rowland seized Griffin's head and sprayed Griffin in the face with
more pepper spray. Despite this, Griffin continued to resist, and
it took the efforts of both officers to subdue him.

Griffin was handcuffed behind his back and placed in the
rear seat of Officer Rowland's patrol car. Rowland then tried to
raise the plexi-glass shield between the front and rear seats, but
the mechanism was broken The officers left Griffin in the car
while they stood outside, trying to shake the effects of the pepper
spray. (Both officers had gotten pepper spray in their faces during
the struggle with Griffin.) In the meantime, three state troopers
Sgt. Ballard, Trooper Burkmire, and Trooper Roleff arrived in
separate cars to lend their assistance. Burkmire and Roleff parked
their vehicle behind Rowland's patrol car.

As Swihart, Rowland, and Ballard stood outside, they heard
the engine of Rowland's patrol car begin to race. Griffin had
managed to get his cuffed hands around to the front of his body, 
and then he had climbed from the rear seat into the drivers seat.
Griffin looked backwards and saw Trooper Burkmire and Trooper 
Roleff sitting in the car behind him. Griffin shifted into reverse 
and rammed the trooper car, causing head and neck injuries to the 
two troopers.

Griffin then shifted into "drive" and sent the car forward,
aiming for the spot where Officer Swihart and Trooper Sgt. Ballard
were standing next to Swihart's patrol vehicle. Rowland yelled at
Griffin to stop the car. When Griffin did not respond, Rowland
pulled his weapon and fired five shots at Griffin. Griffin was hit
by three of these rounds, but he still did not stop.

Officer Swihart moved aside to avoid being struck. 
Sgt. Ballard also saw Griffin Corning, but he did not immediately move 
to safety. He stayed behind because George Watson, the driver
with the suspended license, was still handcuffed in the back of 
Swihart's patrol car in the path of danger. Ballard tried to get 
Watson out of the back seat, but there was not enough time: Ballard 
had to leap aside just as Griffin hit the patrol car from the rear.
Watson was in fact injured in this collision, and Ballard returned
to assist him.

Griffin was able to ram the stolen police car through a
small space between Officer Swihart's patrol car and Sgt. Ballard's
patrol car (striking and damaging both cars in the process). 
Having broken free, he drove away. Two other state troopers, Sgt. Baty 
and Trooper Cyr, were summoned, and a high-speed chase ensued. Griffin
eventually headed down the Glenn Highway toward Anchorage. At the
turn-off to Ekiutna Lake, he left the Glenn Highway and drove toward
the lake, but he lost control of the car and slid off the road.
Sgt. Baty and Trooper Cyr were then able to catch and subdue him.

Griffin (who was suffering from three gunshot wounds) was
taken to the hospital. When the police searched his clothes, they
found several items of jewelry and $800 in cash. Ms. Christensen
(the victim of the June 20th burglary) later identified this jewelry
as hers.

IN THE COURT OF APPEALS OF THE STATE OF ALASKA   -  10-6-00

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