Police gunfire on stolen police cruiser angers Hilltop residents
By Terri Sanginti
09-20-03
Hilltop residents in the 500 block of N. Harrison St. say their lives were placed in danger last weekend when police opened fire on a man who stopped a stolen police cruiser in the middle of their block.
Sara Richardson, 76, said she was sitting on her porch when the gunfire erupted.
"They came running up the street shooting all those guns," she said. "I ain’t got but one leg, and I had to run into the house and get down on the floor to get out of the way of them bullets."
Harry Smith III, 25 of Bear, was killed Sept. 13 after leading police on a 16-block chase in the stolen cru8iser following an attempted carjacking in the 1200 block of N. Washington St.
An autopsy by the State Medical Examiner determined Smith died of a gunshot wound to the head. The manner of death was ruled a homicide, state Department of Health and Social Services spokeswoman Allison Taylor Levine said.
Bystander Marilyn Garcia, 44, of the 500 block of N. Harrison St. was wounded in the thigh by a bullet, police said. She was treated at Christina Hospital.
The shooting is being investigated by the criminal investigation unit and monitored by the Office of Professional Standards, the City Solicitor’s Office and the state Attorney General’s Office.
The incident began when Smith’s father drove him to Wilmington Hospital for psychiatric treatment, police said. It was Smith’s second visit to the hospital for his mental illness that week.
At the hospital, Smith grabbed a scalpel and started stabbing himself, police said. He father tried to subdue him, and the two men scuffled before Smith escaped.
Police said Smith ran north on Washington Street with scalpel in hand and threatened a 55-year-old man getting into his Mercedes. Two officers intervened and tried to disarm Smith, who then jumped into the patrol car, police said. One of the officers leaned into the car to try to get Smith out and fired a shot before Smith drove away.
At the intersection of Fifth and North Harrison streets, Smith disregarded a police barricade and allegedly drove at two officers, who opened fire on him.
Smith fled the blockade, drove on the sidewalk and into a parked Jeep Cherokee. Police said he continued traveling the wrong way, stopping the car in front of David Gwyn’s house.
"Three police officers came running up behind the car and one officer on the left side of where I was standing shot four or five times through the back window, Gwyn said.
Wilmington police Chief Michael Szczerba said the names of the three officers involved are not being released. They have been placed on administrative leave, he said.
"At this point, it’s an administrative investigation and review, not a criminal investigation," Szczerba said.
Many Harrison Street neighbors complained about bullets flying during the incident. Gwyn said neighbors counted 39 casings on the street.
Szczerba said he could not dispute that figure, but could not comment because the incident remains under investigation.
Elizabeth Maldonado said her husband, Carlos, and son were sitting on the porch when the officers began firing.
Maldonado’s husband, who has a bad heart, jumped off the porch to shield his 4-year-old granddaughter playing on the street, she said.
"I’m angry," Maldonado said. "They didn’t’ care who they took down. Police just came and opened fire on [Smith]. One of the shells landed where my husband was dodging the bullets."
Szczerba said he supports the actions of his officers who put their own lives in danger to protect the public.
"We have the unfortunate situation of a suspect being killed and a bystander being wounded," Szcaerba said. "Had they not been there, would this have ended as a homicide on Washington Street with the car jacking?"
City spokesman John Rago said it appears that police acted responsibly.
"The suspect was clearly intent on hurting himself or other," Rago said. "While this is a human tragedy, the police were in the position of having to act reasonably and professionally."
Smith was pronounced dead at the scene by county paramedics, Levine said.
Smith’s mother, Roslyn, declined to comment until after her son’s funeral, Sunday.