A Preliminary Report
on the
Investigation
into the
Death of
Michael Hill
(February 27, 1945 - June 28, 1995)
Chaplain
Ohio Unorganized Militia
Michael Hill was killed during a roadside traffic stop. This incident sparked an outcry which resulted in a Grand Jury hearing. The Grand Jury considered only a single event, and concluded that no crime had been committed.
The information contained herein is, primarily, from the information on file with the Sheriff s Office, which was presented to the Grand Jury. It is difficult to understand why the Grand Jury found as they did. This same evidence paints a completely different picture which suggests that there were two events that early morning in which Michael Hill lost his life. This report attempts to present those events in a proper light.
by
Gary Hunt
Outpost of Freedom
Copyright by Common Law
Permission to reproduce is granted so long as proper credit is given to the author.
Nov. 1995
OPTIONS
Richard Wayne Snell found himself confronted by an Arkansas police officer who had made threats on Snell's life. While protecting himself he shot the police officer to death and received a Life sentence, without possibility of parole, for
defending himselfGeorge Sibley, Jr., and Lynda Lyon killed a police officer when the officer reached for his gun to arrest George for not having an official license. George and Lynda have been sentenced to the Alabama electric chair. They were
defending themselvesWhen the officer drew his weapon and began firing,
Ohioan, Michael Hill
did not defend himself.Michael Hill is Dead.
A Preliminary Report
on the
Death of
Mike Hill
by Gary Hunt,
Outpost of Freedom
November 12, 1995
During the months of October & November, 1995, this author went to Ohio to investigate the events surrounding the death of Michael Homer Hill. During this time I meet with family, friends and associates of Mike Hill. Everybody provided whatever help they could during the investigation. Lieutenant Larry Sims, Muskingum County Sheriffs Department was willing to provide information and answer questions regarding what evidence was available. He and Detective Tim Hartmeyer were willing to sit with me and go over the physical evidence developed through the course of their investigation.
Certain evidence was not available, such as the shirt that Mike was wearing that evening. Surely the blood patterns on that shirt would provide additional verification of the scenario presented herein. I was unable to find the time, during my short stay, to attempt to find other audio witnesses to the shooting, however there are a number of people who live closer than the two who were willing to come forward.
Joe, Josh, Larry, Tim, Luke & Kathy, Mike, Nord, Ramon and Arleen Hill & her family, were able to help, each in their own way, to complete this unfinished investigation. There were many other people who played a role in searching for the answers to certain questions who will remain unnamed, but to whom appreciation is likewise bestowed.
Although more investigation is warranted, this report provides sufficient information to compel a Grand Jury to issue indictments to those who may have been guilty of murder, or accessory to murder for their part in the events described below. Without justice, none of us will be safe as the ability of police officers (standing armies) become more and more immune from prosecution for crimes against those they are sworn to protect.
The recent Ruby Ridge hearings before the Senate Judiciary Committee demonstrated to us that the immunity from prosecution exists for the national police. Will Muskingum County follow the lead of omnipotent national government, or will it truly represent the people it is sworn to serve?
June 28, 1995
Background
Early on the morning of June 28, 1995, what had all of the appearances of a normal traffic stop turned into what appears to be a classic case of abuse of power, or even murder.
Michael H. Hill, Ohio Unorganized Militia Chaplain was following three friends from a meeting in Columbus, Ohio to Coshocton. Mike frequently spent the night in Coshocton rather than driving the additional hour plus to his home in Graysville, Ohio.
Joe Yacapraro and his son, Josh were in the front seat of their 1994 Chevrolet S-10 Blazer. Larry Martz, another friend, was in the back seat, asleep after a long day. Joe's home was just about a half hour drive away as Mike followed them through the little town of Frazeysburg, Ohio.
Sergeant Matthew W. May was on duty in the little town of Frazeysburg. He had been on the police force for about 15 months. Jeffrey Kittle claims to have been riding around with May that evening, yet failed to see the events which occurred just a few feet away, and cost Mike Hill his life.
The evidence will be presented, followed by the most likely scenario, which is intended to put the evidence in a logical story, indicating exactly what happened.
The pertinent parts of that testimony, interviews and evidence are presented below. (The evidence that has been made available, by both the government and the friends and family of Mike Hill was used to develop this report.)
Description of Events, by eyewitnesses
Note: Portions shown in quotes indicate the exact wording of the documents referenced to. Person and tense have been changed by the use of [brackets] by the writer.
First observations
Kittle-- " said that he was riding along as a passenger or civilian observer with OFFICER MATT MAY .... he felt that it was just after midnight." " also said that he has had no police training... is not to get out of the cruiser at any time on any situation handled by the police officer... has been a member of the Frazeysburg [Volunteer] Fire Dept. for approx. the last ten years." [3]
(Note: list of references on Page 12)
Joe-- " [I] was ... driving toward my home in Coshocton county, Eastbound
on State Route 16, and was being followed by Michael H. Hill ... Also in my car was my oldest son, Joshua ... and an associate Larry K. Martz." " As we were about to leave the village limits [Frazeysburg], [I] observed a light blue police car parked in the parking lot of the oil field [drilling] company on the South side of the road,...the officer was shooting his radar gun toward the east as his arm was extended out of the driver's side window." [5]
Josh--" [We were] in the second vehicle in front of Michael Hill ... I was riding in the front passenger seat. As we proceeded through Frazeysburg [I] noticed the local cop sitting at the local drilling company parking lot holding his radar out of the window ... Mike Hill was following about two car lengths behind the vehicle I was traveling in ... no faster than the posted speed limit." [6]
May-- " [I] was on duty in Frazeysburg ... was sitting in the area of the Duke station and IGA ... he noticed that [a] car did not appear to have a license plate on it and there was no license tag light ..." [2]
Kittle-- " they [Kittle & May] were sitting in the cruiser at the drilling company on State Route 16 ... kind of running the radar." [3]
Kittle-- " [I] did not notice or pay attention to the vehicles that went by but Matt May then started to pull out and made a comment that he was going to check out this car and that the license plates,... said something along the lines of Militia Chaplain." [3]
Before the stop
Joe-- " The police car then followed Mike's car out of town,... I could see the police car come up close to the rear of Mike's car... After following about one half mile out of the village limits the officer put on his flashing lights ... I came to a place wide enough to get part way off of the road..." [5]
Josh-- "the officer proceeded to follow [Hill] about a half mile before turning on his flashers and sirens. Mike proceeded another one hundred yards up the road passing us by and pulling off the road..." [6]
Kittle-- " [I] can recall a car in front of the suspect vehicle... [Kittle] could only say that it was a car, not a pickup truck." When asked " whether or not the two vehicles were traveling together. He indicated that he didn't think so, that they were just two cars traveling in the same direction. When they got behind the suspect vehicle and turned the lights on, the first vehicle pulled to the right. Suspect vehicle and May's cruiser then went around." [4]
Kittle-- " [Kittle] was asked if he noticed the second car drive by them at that time... When asked how sure he was that it did not drive by, he said, "pretty sure"." [41
May-- " [May] pulled out to pursue the car... when he first pulled out there was a car in between him and the car that he was trying to see ..." " he attempted to stop [Hill's] vehicle and turned on his overhead lights and that the car between the two of them pulled over... the car that he was actually looking to pull over kept going for a short distance and he noticed that there was another car pulled over as well." [2]
First stop
0219 May: " Hey, got a 71 on 16 going east. No registration, break" [1]
May--"[May] described his speed at approx. 40 mph ... pursued the car until he got just outside the village of Frazeysburg in the area of Old Riley Road. May stated that he radioed to the Dispatch that he was out on a traffic stop and as he stopped the guy exited the car." " He stated that the guy was then walking almost in the middle of the road and acting kind of strange and Matt said that he was telling him and directing him to go back to his car." [2]
Kittle-- " [May was] stopping the vehicle with his overhead lights on and the car pulled over. ...that the guy in the car exited the car, came back toward the cruiser and Matt [May] had told him to go back to his car. The guy then went back to his car, got in the car and then
drove off again . ...[Kittle] was unable to [describe the guy]." [3]
Kittle-- '`[I] was not real sure if Matt [May got all the way out of his car or not or just outside the door." [3 ]
Joe-- " Mike and the police car went on past me about 100 yards and pulled off to the right side of the road." [Field measurement of the distance between the two locations is about 0.2 miles, or over one thousand feet.] [5]
Joe-- " Mike and the officer were both out of their vehicles and were standing in the headlights of the police car ... They were obviously engaged in conversation as I observed gestures and
waiving of the arms. I then observed Mike getting back into his car and driving away at a normal rate of speed,... The police officer then resumed the chase down the road." [5]
Josh-- " [Mike was] getting out of his car, where the police officer got out of his car and had approached Mike's car. They were stopped for approximately one minute when Mike's car drove off and the officer returned to his car and followed Mike Hill up the road ... We followed the police car..."
May-- " the individual [Hill] was talking back to [May], telling him he couldn't stop him and kept pointing to a sign in the back window of the car. Mat said that he wasn't sure what he had. The individual was acting kind of oddly. Officer May stayed himself pretty close to his cruiser and stated that the individual may have walked up fairly close to the front of his cruiser.., he continued to tell the guy to get back in his car." " ...he [Hill] was looking down at his car and then messed with the trunk..." " ...he even thought that the individual was drunk because of the way he was acting and that he was acting strange." " ... a minute or so passed, if that, then the subject got back in his own car and drove away." [2]
Pursuit
0220 May " In pursuit, 16 eastbound" [l]
May-- " [I] then called the Dispatch by radio and said that [I] was going to have a problem with this guy and to send Dresden unit out to back [me] up and the individual [Hill] in the car then pulled out and left." [2]
Kittle-- " Matt [May] then radioed for backup from Dresden police officers and indicated that they [Hill] did not have a license plate on the car." [3]
0220 Dresden 5 [Caldwell & Daniels] and S-34 [Kelly] to assist.[l]
May-- " [I] got back in [my] car, turned on the lights and sirens, pulled out and then told Dispatch ... that [I] was in pursuit of this vehicle... throughout that entire time [I] was going at approx. 60 mph.·· [2)
Kittle-- " [We were] following him with lights and siren on ...going no more than around 50 mph." [3]
Joe-- " [I] then proceeded in my vehicle eastbound also and overtook the two of them with no difficulty at about 50-55 miles per hour." [5]
[The distance, as measured by this reporter, is 2.85 miles between the two stopping points. The time of the pursuit, as extracted from the radio logs, was 3 minutes 35 seconds. This calculates out at about 47 mph. If May were going 60 mph, as he stated, that would be an initial speed to catch up, since Hill had started out before him.
0221 May: " coming up on Longaberger's [basket factory]." [l]
May-- " as [I] was following the vehicle [I] was shining his spotlight in the car inside to try to see any movement." [2]
Joe never lost sight of either of the two vehicles. [0]
0222 S-34 & t Dresden 5 stationary at 60 and 16 [roadblock set up].[l]
Second stop
0223 May: " We're stopping right here before the bridge." [l]
Location
Joe-- " The officer was just beginning to go to the left side of the road to ... attempt to force Mike off the road. Mike just pulled off to the right side of the road and stopped. The police officer pulled his cruiser off the right of the road also, right behind Mike's car, opened the cruiser door, stepped up and out of the car, with his gun drawn. I ... pulled my vehicle off the right side of the road behind the police cruiser with about a car length between his cruiser and my vehicle. The officer was a very large, heavy set, white male." [5]
Josh-- " We followed the police car to where Mike Hill again pulled off the road at a wider spot where we also stopped directly behind the officer's car approximately twenty feet back." [6]
Kittle-- " [Kittle] did not think [that he noticed the second car drive around them]... he did not notice a [second] car in the rear." [4]
The shooting
May-- " the individual [Hill] exited the car again and turned toward the direction of Officer May again. ...he [May] got out and stayed between his car door and the subject. ...the individual had his left hand somewhat bent in towards his car, obstructing the view of this hand to [May]." " it appeared to him [May] that the individual was holding something, that his arm appeared to be tensed up and he [May] was unable to see the individual's left hand." [2]
Kittle-- " the guy [Hill] then got out of his car and Matt [May] also exited his car... that Matt apparently saw something he did not see and ... [Kittle] was not able to see the guy entirely." [3]
Kittle-- " [I] overheard Matt May talking to the individual and telling him to get his hands out in the clear and said that more than once but was unsure how many times he heard May say that." ... " couldn't see the guy's hands and could only see that the guy was standing." ... " the guy may have taken a few steps away from the vehicle driver's door." ... " the individual ... was facing back towards Matt May and himself. ...he couldn't hear the other guy say anything and doesn't even know if the guy was talking." ..." the only conversation he heard at all was Matt May telling the guy to get his hands in the clear." [3]
Lt. Sims reported that in a subsequent, unrecorded, interview, Kittle stated that he did not know when May drew his gun.[0]
Joe-- " Mike stepped out of his car and approached about two or three steps toward the police cruiser with all the lights shining in his eyes. He was approximately 12-15 feet from the police officer, he had both his hands at his sides, and he appeared to be about to say something to the officer." [5]
Joe stated that Mike was squinting in the bright lights and that his right hand was within his view the entire time. [0]
Josh-- " Mike climbed out of his car and stood about one foot from the body of his car and inside of his door with his arms at his side. As the officer climbed out of his car, the officer drew his weapon and stood over his door with his weapon pointed at Mike Hill. I ... could not see Mike's left hand or arm, the officer was blocking part of my view." [6]
Larry--"[We were] traveling eastbound on State Route 16 ... in an automobile driven by ... Joe... [Larry was asleep until the beginning of the second stop.] ... The automobile I was traveling in pulled over to the right shoulder after a police car with flashing blue lights ... I observed, from about two car lengths behind, a uniformed police officer get out of his patrol car with his handgun drawn. The car in which Mike Hill was riding was ... in front of the police patrol car and was pulled off the roadway onto the shoulder. Mike Hill was getting out of his car and slowly walking back to the rear of his car with his hands and arms at his sides in a normal posture. The lights ... from the police patrol car were brightly illuminating Mike Hill. The bright lights were directly in Mike Hill's face and eyes." [7]
May-- " [I] yelled for the person to put his hands where [May] could see them and said it more than once, was unsure how many times he said it. The subject then stepped out away from the car at an angle and appeared that he was coming out around the door of his own car. May said at the time he saw a gun in his left hand and at that time May said he pulled his own gun. The subject then put the gun in both hands in front of his body and pulled the gun in Officer May's direction. May then said he fired his gun several times, possibly 4, at the subject and the subject went down." [2]
Joe-- " The officer then shot four or five times striking Mike and knocking him to the ground flat on his back,..."
Kittle-- " [Kittle] then said that May opened fire on this individual." ..." May shot several times,.., unsure how many. He then saw the individual fall to the ground." [3]
Josh-- " The officer then shot four or five times striking Mike and Mike then fell to the ground flat on his back." [6]
Josh stated that Mike turned slightly to the right as he was being shot.[0]
Larry-- Mike Hill had not taken more than about 3 to 4 steps when he was near the left-rear of his car when the police officer fired his handgun several times. Mike Hill had not given any gestures nor any rapid movements that could be construed as provocation... Mike Hill fell to the pavement." [7]
May-- " then came around the door of his car yelling on the hand-held radio shots fired several times." [2]
Kittle-- " After the shooting happened,... Matt got on the radio, yelled shots fired ..." [This call of shots fired is not on the audio police tape.] [May stayed] " in the vicinity of his own cruiser, near the driver's door and then walked just a short piece up towards the front of the car and got no closer." [3]
Driving away
Joe-- " I presumed that he was dead and fearing for the lives of the rest of [my] party, I immediately fled the scene by driving on eastward to my home ...·"
Josh--" We then drove on past Mike and the officer ... I could see blood on Mike's head and chest." [6]
Larry-- " The driver of the automobile that I was riding in then pulled away expressing the concern that the police officer would then kill all 3 of us ..." 17]
Joe stated that Mike's feet were toward the cruiser and that Mike's gun was about 18-24 inches away from his right knee. He said that Mike was motionless and that he could see blood above his right eye. He was laying in the roadway with his arms near his side, palms up.[0]
Josh stated that he could see Mike's gun laying on the ground about a foot or two away from his leg.[0]
The other officers
Kittle-- " [I] did not get out of the car the entire time until after the deputies arrived and the deputy asked [me] to get out of the cruiser." [3]
0224 S-34 & Dresden 5 37[...] with Frazeysburg 6 [May].[l]
Josh-- " We then passed two backup police cars enroute to the scene." [6]
Josh reported that the police cars passed them at about where the bridge was, about one-half mile from the shooting.[0]
0225 3 Dresden 5: " Gunshot wound. We need a squad out here." [l]
May-- " then went out around the front of his cruiser and held the gun on the subject who was still moving around some on the ground. The individual was laying on his back at that time and his back was arching up." " May stated that he could see the gun at that time... and the gun was approx. a foot from the individual's right hand." [2]
The scene
0225 Deputy Scott E. Caldwell, Dresden (5), Deputy Jeremy Daniels, both of Dresden Police Department, and Deputy Roger Kelly (S-34), Muskingum County Sheriffs Department, arrived on scene, the first non-witnesses to arrive.
(Their reports regarding the incident only re-iterate information reflected on the radio tapes.)
Caldwell reported that he observed both the subject's car and the police cruiser off the edge of the Eastbound lane. " Sgt. May was standing to the rear of the vehicle [Hill's?] with his pistol out covering a man lying on the pavement on his back. A black pistol was lying on the road next to the man within easy reach." " the man on the roadway had apparently been shot in the head, so I radioed for a [medical] squad, as I exited my cruiser to cover the man with my own weapon." [8]
Daniels-- " I jumped out of the cruiser, ran around the front of the cruiser, looked at the suspect lying on the ground, looked back, and saw Dresden 5 with his gun drawn, S-34 running closer drawing his weapon." [9]
Kelly-- " We exited our vehicles and ran towards the (Hill's] vehicle. I noticed a male subject laying on the ground. This male subject was bleeding from the head area. At that point I did pull my weapon and held it on this subject and also the vehicle which was setting in front of [May's] vehicle." [10]
Caldwell-- " At this time the man on the ground was still moving and moaning, the pistol still within close proximity on the ground, so Dep. Kelly approached him and kicked the pistol away from the man several feet to the west" . [8]
Kelly-- " I heard Sgt. Matt May make a statement that he had to shoot him, he pulled a gun, I had to shoot him was his statement." [10]
Kelly-- " At that point I did notice a gun lying approx. a foot and a half from the subject laying on the ground." " I then approached the subject laying on the ground and did take my right foot and kick the weapon which was lying near this subject, approx. 4"-5" further away from the subject." " Dresden [Caldwell & Daniels] then kept their weapons on this subject. I then left the subject going over towards the suspect's vehicle and checked the vehicle for any other persons that might be in the vehicle." [10]
Daniels-- " [May] was looking at me saying shut the siren off. I reached inside Frazeysburg's cruiser and shut the siren down. I checked [May] to make sure he had not been shot,..." and May " started telling me what happened, in doing so he lowered his gun,..." [9]
Caldwell-- " Dep. Kelly then had Sgt. May call for a supervisor to come to the scene, while myself, Kelly, and Daniels approached the wounded suspect, to check him for more possible weapons." [8]
0226 May: " We need a supervisor out here." [l]
Caldwell-- " I saw a bullet hole in the subject's right temple, his hands were on his chest, he was breathing, lying in a large amount of blood." " Dep. Kelly and myself covered the suspect with our weapons, while Kelly had Dep. Daniels pat down the suspect for our own protection, in case he had more weapons on his person secreted." [8)
Daniels-- " We [Kelly & Daniels] went back over to where [Caldwell] was standing, still holding the subject at gun point. [Kelly] asked me if my gun was secure in my holster, then turned, and told me to get his gloves out, put them on, and pat the suspect down. Just as I finished patting the suspect down, at 0231, [Chief Graver arrived]." " Right before [Lt. Mark Ross, Muskingum County Sheriffs Department] arrived, I was back over talking with [May] trying to calm him down, and he accidentally kicked one of his shell casings under his cruiser. [9]
May-- " Dep. Kelly and the 2 Dresden units then put on gloves to pat down the individual." " May stated that Caldwell and Jeremy [Daniels] were the 2 individuals that patted the subject down for any additional weapons." [2]
Kelly-- " ...I went back to the subject who was laying on the ground. This subject was bleeding. He was still breathing at this point and his head was to one side and back towards the front." " ...I advised Scott Caldwell and also ... Jeremy Daniels, that we needed to further search this subject laying on the ground to make sure he did not have any other weapons." " ...Jeremy Daniels did put on a pair of rubber gloves which I had on my duty belt while Scott Caldwell and myself did point our weapons at this subject. Jeremy Daniels did go over and pat down the subject, checking for any other weapons." " Right after we did this we did stand back and keep our guns trained on the subject lying on the ground." [10]
0237 Chief J. Garver, Dresden P. D. arrives at scene.
Garver acknowledges that he arrived at the scene just West of the Cooperdale Creek Bridge where he observed a male subject (white) lying on his back, bleeding profusely. He saw a handgun laying about four feet from the subject. Also at the scene were Caldwell, Daniels, Kelly and May.[11]
Garver began photographing the scene with available light (flashlights and vehicle lights). Film was turned over to Lt. Ross at 7.11 a.m. [11]
0238 Deputy Jeff LeCocq (S-23) arrives at scene.
LeCocq was sent to the hospital with the Dresden (fire department paramedic) squad transporting the subject to the hospital. He was informed of the death of Michael Hill at 3:25 a.m., and then collected the clothing and personal property for evidence.[13]
0242 Lieutenant Mark Ross, Muskingum County Sheriffs Department arrived on the scene.
Ross reports that Hill was being loaded for transport to the hospital as he was arriving.[12]
Ross reported that he was informed that May had a rider later identified as Jeff Kittle, who was still sitting in the passenger seat of May's cruiser. He had him moved to outside of the scene area and separated from May. " At this point no one entered the scene or tampered with evidence as we awaited the arrival of the detective units."
0301 Det. Sims arrived (Kelly)
0320 Sergeant Tim J. Hartmeyer arrives at scene.
Hartmeyer reports that Kelly advised him that the subject was lying on the ground with his head laying where there were now some white bandages. The subject was lying with his feet to the Southwest. There was a blood spatter, indicating an impact pattern, to the Northeast which indicated that the subject's head had hit the ground. " About 4 feet away there was a large amount of blood drops, not in a trail but in an area and some bloody body tissue appearing to be from the brain at the north side of this area." [14]
Hartmeyer located " what appeared to be a bullet-copper jacket that had separated and was completely flat" just outside of this area (of blood drops). He also found a large caliber handgun about 3 feet away, " left side up, hammer cocked, safety off." [14]
Hartmeyer found four 9mm cartridge casings at the scene, and entered them as evidence. He also took a series of photographs after Dresden Fire Department provided a light plant to light the area.[14]
Hartmeyer examined the handgun (Ithaca, model #1911A-l, caliber 45 ACP) found in the vicinity of the subject. He saw that it had sustained a bullet hit at the grip portion of the slide, on the right side.[14]
Hartmeyer logged all evidence found at the scene, which contained " homemade license plates from front and rear of suspect vehicle "OHIO MILITIA, 3-13, CHAPLAIN"."
0615 Kelly leaves scene with wrecker towing subject vehicle to the impound lot.
0618 Caldwell and Ross leave scene, " scene cleared."
At the hospital
0254 Mike Hill arrived at the hospital, transported by Dresden squad and accompanied by Deputy LeCocq
Hospital records indicate that Mike Hill had received 500 cc's of normal saline prior to his arrival. The hospital administered another 2300 cc's making a total of 2800 cc's of saline to replace the more than 2 liters of blood that Mike lost in the hospital (not counting what was lost at the scene and during transport). No whole blood was given.[15]
Bullets and bullet fragments were removed from Michael's body and submitted to the Sheriffs deputies present.[15]
0325 Michael Hill was pronounced dead at Bethesda Hospital, Zanesville, Ohio.
Autopsy and other reports
June 29, 2:00 p.m.
GUNSHOT WOUND #1.
Entrance: An irregular area of gunshot wound injury entrance is present in the right forehead above the right eyebrow...
Path of Bullet: This bullet passed from the decedent's front to his back with virtually no left or right deviation and at most slightly upward. [16]
GUNSHOT WOUND #2:
Graze Injury - Head: On the left cheek, there is a graze injury ...[16]
GUNSHOT WOUND #3:
Entrance: a 3/8 inch defect is present in the left pectoralis muscle [three inches above left nipple] at a point 4-1/2 inches left of the midline,...
Path of Bullet: This bullet passed from the decedent's front to his back, with slight left to right deviation, and horizontal through the body.[l6]
GUNSHOT WOUND #4:
Entrance: A 1/2 inch by 1/4 inch defect, irregular in shape, is present in the left trapezius muscle [top of shoulder].
Path of Pellet: This bullet passed from the decedent's left to his right, from his front to back, and in a downward direction.[16]
APPARENT GUNSHOT WOUND INJURY #5.
On the lateral aspect of the space between the right thumb and 2nd finger is an injury measuring 3/4 inch by 3/4 inch, Black material is seen around this defect which is easily washed off. This may represent powder... [metal fragments were recovered and entered in evidence.] [16]
GUNSHOT WOUND INJURY #6:
On the left forearm is a zone measuring 2-1/2 by 2-1/2 inches of superficial injuries numbering approximately ten,... [metal fragments were recovered and entered in evidence.] [16]
GUNSHOT WOUND INJURY #7:
On the left leg, around the knee, is an area measuring 6 by 4 inches containing approximately 16 separate punctuate defects ... [metal fragments were recovered and entered in evidence.] [16]
July 11, 1995 - An autopsy was performed on Michael Hill by Cyril Wecht, noted Forensic Pathologist. The following comments are from a letter to Lt. Sims, dated October 9, 1995.[17]
" ... I had found ... a gunshot wound of the left cheek that re-entered the body in the left shoulder area,..."
" Mr. Simms [sic] asked me if Mr. Hill's head could have been in a somewhat forward position when he was struck in the left cheek. I told him that was possible to a minimal degree, but more importantly, I stressed the opinion that his head had to have been turned downward toward the left, in order for the bullet to have produced the grazing wound on the left cheek and then to have entered the left shoulder. I also told Mr. Simms [sic] that Mr. Hill's head could have been leaning backward when that particular shot was fired."
October, 1995- B. C. I. Analysis [19]
The spent bullets submitted were analyzed and " could have been fired from the submitted Glock pistol [May's], submitted, however, there were insufficient matching individual characteristics for purposes of positive identification."
" Microscopic and chemical examination of the damaged area [of Hill's 45 caliber pistol] revealed the presence of copper smears and a distinct pattern of spattered lead. which extended down approximately the top one-third ( 1/3) of the grip. These findings indicate that the slide was struck by a jacketed bullet, while the lower two-thirds (2/3) of the grip was being shielded by some object, such as a hand."
" Microscopic and chemical examination of the damaged area [of Hill's blue jeans] revealed a distinct pattern of spattered lead, which closely resembled the pattern observed on the right side of the Ithaca pistol. This finding indicates that the firearm was held in close proximity to the front panel of the left leg when the slide was struck by a jacketed bullet."
" Test patterning of the Glock pistol [May's] revealed that the firearm left a distinct pattern of detectable gunshot residue out to a distance of three (3) feet. This finding indicates that the muzzle of the Glock pistol was held at some distance greater than three (3) feet from the fabric of the shirt when the cartridges were discharged."
" Chemical examination of the pair of underwear,... revealed the presence of a pronounced lead smear on the front left side. It is possible that this smear was caused by the muzzle end of a handgun making contact with the fabric of the underwear, while the gun was being carried, at some point in time, in the waistband of a pair of trousers."
September 1, 1995- FBI report[l8]
Q1 Lead scrapings from gun
02 Lead fragment from victim's right index finger
03 Lead fragments from victim's left forearm
04 Two lead fragments from victim's left knee
Q5 Four lead fragments from victim's pants
Q6-25 20 cartridges...[from May's gun and house]
This preliminary analysis determined that the Q1 scrapings and the Q2 through 5 fragments are the same general alloy of lead. The Q1 scrapings and Q2 fragments were too limited to conduct further analysis.
The 03 through Q5 lead fragments and the lead portion of the bullets loaded in representative number of Q6 through Q25 cartridges were instrumentally analyzed to determine their elemental composition using Inductively Coupled Plasma-Atomic Emission Spectroscopy. [Samples Q3, Q4 & Q5 matched bullets Q11, Q12 & Q18]
A cause for concern
Late April 1995 - The Bureau of Alcohol, Tobacco and Firearms issued the following advisory. This has been confirmed, by this reporter, to have been sent out by BATF, and should have reached all law enforcement agencies in the country. The entire text is as follows: [20]
REQUEST NATIONAL BROADCAST
FM: BUREAU OF ALCOHOL TOBACCO AND FIREARMS,
WASHINGTON DC
TO: ALL FEDERAL, STATE AND LOCAL LAW ENFORCEMENT AGENCIES
SUBJ: WARNING TO ALL LAW
ENFORCEMENT PERSONNEL:
ATF INTELLIGENCE INFORMATION SUGGESTS THAT THE OKLAHOMA CITY BOMBING MAY HAVE HEIGHTENED PARANOIA LEVELS AMONG VARIOUS MILITIA GROUPS ACROSS THE UNITED STATES.
INFORMATION SUGGESTS THAT THIS BOMBING MAY BE SEEN AS A "STAGED TERRORIST ATTACK" BY THE FEDERAL GOVERNMENT AS PART OF AN OVERALL PLAN TO DECLARE MARITAL[sic] LAW AND SUSPEND THE CONSTITUTION. IN ADDITION, MANY OF THESE MEMBERS FEEL THAT AN ATTACK ON THEM IS IMMINENT AND HAVE ALREADY GONE INTO ALERT STATUS.
THESE GROUPS HAVE BEEN KNOWN TO MOBILIZE AND ARM THEMSELVES FOR THE PURPOSE OF OBSTRUCTING LAW ENFORCEMENT ACTION AGAINST OTHER MILITIA MEMBERS. DUE TO THIS, ALL LAW ENFORCEMENT PERSONNEL ARE WARNED TO TAKE EXTREME CAUTION WHEN CONTACTING ANY KNOWN MILITIA MEMBERS OR AFFILIATES.
FOR ADDITIONAL INFORMATION REGARDING THIS WARNING, OR TO PROVIDE ANY FURTHER INTELLIGENCE REGARDING THE CONTENT OF THIS MESSAGE, PLEASE CONTACT THE ATF ENFORCEMENT OPERATIONS CENTER AT 1-800-659-6242 OR
RESPOND VIA NLETS
References
[0] Interviews with this reporter.
[1]Transcription of radio tape and radio log provided by Lt. Sims, Muskingum County Sheriffs Department, Zanesville, Ohio.
[2] Statement of Sgt. Matthew W. May. taken by Lt. Sims at 4: 15 a.m., June 28, 1995.
[3] Statement of Jeffrey David Kittle, taken by Lt. Sims at 3:35 a.m., June 28, 1995.
[4] Additional Interview of Jeffrey D. Kittle, taken by Lt. Sims at 9:36 a.m., June 28, 1995.
[5] Affidavit by Joseph A. Yacapraro, Jr., 0205 hours, June 28, 1995.
[6] Affidavit by Joshua A. Yacapraro, 9:41 a.m., June 28, 1995.
[7] Affidavit by Larry Martz, 7:47 a.m., June 28, 1995.
[8] Statement of Dep. Scott E. Caldwell, Dresden Police Dept., on file with Muskingum County Sheriffs Department, dated 6/28/95.
[9]Statement of Dep. Jeremy Daniels., on file with Muskingum County Sheriff s Department, dated 6/28/95.
[10] Statement of Dep. Roger Kelly S-34, on file with Muskingum County Sheriff s Department, dated 6/28/95.
[11] Statement of Chief Jeffrey W. Carver, Dresden Police Department, on file with Muskingum County Sheriffs Department, dated 6/28/95.
[12] Statement of Lieutenant Mark Ross, S-26, on file with Muskingum County Sheriffs Department, dated 6/28/95.
[13] Statement of Dep. Jeff LeCocq, S-23, on file with Muskingum County Sheriffs Department, dated 6/28/95.
[14] " Details of Offense" by Sgt. T. J. Hartmeyer, on file with the Muskingum County Sheriffs Department, dated 6/28/95.
[15] Bethesda Hospital - various reports on " John Doe" , account # 3590606, dated 6/28/95.
[16] Franklin County Coroner's Office, Autopsy #C95-2067 - Michael Homer Hill, June 29, 1995.
[17] Letter from Cyril H. Wecht, M.D., J.D., to Nancy Lord, M.D., J.D., dated October 9, 1995.
[18] FBI report, FBI file No. 95A-HQ-1130512, dated September 1, 1995.
[19] Homicide Investigation report, Robert W. Dye, Forensic Scientist, Ohio Bureau of Criminal Identification and Investigation, Analysis #072695
[20] Bureau of Alcohol, Tobacco and Firearms advisory, (undated) late April, 1995
The Most Likely Scenario
by Gary Hunt,
Outpost of Freedom
Officer May was doing radar checks of vehicles passing through Frazeysburg on Route 16. He was parked at the oil drilling company at the Eastern edge of the village. May, apparently, saw the license plate that read "OHIO MILITIA, 3-13, CHAPLAIN" on the back of Mike Hill's green 1972 AMC Ambassador. May entered the roadway behind Mike's car, and, nearly one half mile after leaving the village limits, switches his lights on to make a stop.
May's statement to Lt. Sims indicates that he was at the Duke gas station and IGA Market, in the downtown area just a block from the City Hall/Police Station. Kittle, Joe and Josh have placed the cruiser at the oil drilling company parking lot. May's statement places Hill's car first, then Yacapraro's Blazer following Hill, then followed by May in his police cruiser. Kittle, Joe and Josh place Joe's Blazer in the lead, followed by Hill. then May's cruiser. [Reporter's comments on the scenario will be in italics.]
Joe, seeing the lights flashing, pulls over at a road intersection about 1.6 miles beyond the oil drilling company. Hill and May pass the stopped Blazer and pull over at a gravel pull-out about 0.2 miles further down the road. Hill gets out of his car, and May out of his. They begin exchanging words, Hill pointing to the back of his car, probably suggesting that he has the right to travel. May tells him to get back in the car, which Hill does. May then gets in his car and begins to radio in. Hill, thinking, perhaps, that May recognizes his right to travel, drives away. May then radios in and begins pursuit.
Joe and Josh have stated that they saw Hill get back in his car and drive away and then May ran back to his cruiser. Kittle and May indicate that May was in the car when Hill drove away. Considering their location at a distance of over 300 yards, it would appear that the scenario presented above is more accurate.
Two Dresden police officers and one Muskingum County Sheriffs deputy hear the call and begin heading for the intersection of Route 16 and Highway 60, 3.75 miles away from the first stop. May accelerates up to 60 mph to catch Hill, then follows along at about 47 mph. Joe, Josh, and Larry, still asleep in the back seat, pursue the other two vehicles, and catch up with them as they pass Longaberger's Basket Company, never losing site of either of the vehicles.
Just about 1/2 mile before the Cooperdale Creek Bridge Hill is able to find another gravel pull-out large enough for it to be noticed and negotiated. He comes to a stop near the end of the over one-hundred feet of gravel, allowing plenty of room for both the police cruiser and Joe's Blazer to pull off of the roadway. As Hill steps out of his car, May steps out of his cruiser.
May, most likely, has received the recent (late April, 1995) Bureau of Alcohol, Tobacco and Firearms warning about Militia that was directed " TO: ALL FEDERAL, STATE AND LOCAL LAW ENFORCEMENT AGENCIES." The advisory recommends that " ALL LAW ENFORCEMENT PERSONNEL ARE WARNED TO TAKE EXTREME CAUTION WHEN CONTACTING ANY KNOWN MILITIA MEMBERS OR AFFILIATES."
Although May does not state in his report that he was aware of the white Blazer, it is difficult to imagine that a law enforcement officer would fail to notice a vehicle trailing him for the last few miles, and one that was obviously traveling along with the subject. May draws his weapon and stands in the doorway of his cruiser, in a two-handed stance, aiming directly at Hill. May has his siren blaring, and his flashing lights and immobilizing lights (Very bright lights, able to "immobilize" the vision of someone looking into them) turned on. May, who had shot someone before while working as a security guard, is not prone to ask questions. Hill, who generally wears his 45 automatic in his belt, under his polo shirt, holds his hands down at his side.
Although May claims that Hill drew his gun, Kittle did not see whether he did, or not, and Joe, Josh and Larry are very certain that he did not. We know from Joe's statement that Mike was squinting into the lights. Having been a police officer for five years, surely Mike would not be foolish enough to stand exposed and blinded by those lights, and then draw a gun on someone he couldn't possibly see.
The location of Mike's gun, based upon a lab report that shows powder residue on the left front of his underwear, suggests that this was the position of the gun at the time of the shooting. This would readily explain how the gun ended up off to Mike's right side as he fell. The impact of the bullets to the body, the twisting to the right and the impact as the body struck the ground could easily have jarred loose the still "holstered" pistol. This jerking, right turning motion would have caused the gun to slide across the body and out from under the shirt, resting, as was reported, just inches from his right knee.
May, anxiety heightened by the recent BATF memo and doubts about those who have just pulled up behind him, feels insecure and jittery. May demands that Hill raise his hands, Hill, on the other hand, wishes to discuss the illegality of the stop. May, not seeing Hill respond to his commands, fires his weapon four times, very rapidly, from less than 20 feet away. The shots, fired in very rapid succession, cannot be well placed, with each finding it's mark. The first bullet to find it's target strikes Mike in the forehead, just above his eye.
Mike twists slightly to the right and the next strikes him in his chest, just 3 inches above the left nipple. The force of this shot takes Mike to the ground, flat on his back and barely conscious.
As suggested, the likelihood of all four shots being accurately fired in rapid succession is very improbable. There is no indication in the record that May was an expert shot. This accuracy under these conditions is improbable.
The first shot to hit Mike was probably the forehead shot. The autopsy shows this shot to be straight in. It's impact would have probably caused Mike to turn slightly to his right, as was described by Josh Yacapraro. The second shot to strike Mike was the chest shot. Mike was still upright, but the shot entered at a slight angle from left to right, suggesting that the body was turned slightly.
This second shot creates another problem. If Mike were in a two-handed stance, it would have to have been a very lucky shot to miss his gun, hands and arms and enter his body so cleanly. This suggests that May's story of Mike holding the gun aimed at him is nearly impossible.
Mike is lying motionless on the ground. Joe, in fear of the lives of his son Josh and Larry Martz, speeds off down the road. As he reaches the area of the bridge, he sees the two cruisers that have left the roadblock at 60 & 16. They were responding to the radio call made by May as he was pulling over to the side of the road.
Kelly, Daniels and Caldwell speed to the scene and abruptly stop. Hearing that the victim was shot and is down, while they were in transit heightens their anxiety. What is going on out on this lonely country road is well beyond any events within their collective memories.
Adrenaline flowing, the three new arrivals jump from their vehicles running forward to secure the position, knowing that if the subject still has a gun the unwanted call of "officer down" might soon be made on the radio.
Fear begins to overcome them. May screams, " I know he had a gun. I had to shoot him, he pulled a gun, I had to shoot him." The whole story hasn't been related to the newly arrived officers yet, but there is a bloody victim of gunshot wounds lying in the middle of the eastbound lane of the road, gun still within easy reach. There is an obviously scared cop standing, still with gun in hand, at the front of his cruiser. Are there others, other militia members, perhaps, lurking about?
Mike regains a small degree of consciousness, moans and rolls his head to the right. His hand twitches as he begins to pull his arms toward his chest.
One of the three newcomers perceives danger and fires once at the head of the fallen man. The bullet grazes his cheek and enters his shoulder. The others yell out, " Hold your fire!"" Too late! For another bullet has entered the now motionless victim. More blood begins to flow onto the already red pavement.
The three recently arrived officers have acknowledged that Hill was moving his head. and that Hill's 45 caliber pistol was just inches from his hand. The gun fallen from his belt as he jerked to the right and then slammed to the ground.
Nervously, all three have drawn their guns and aimed them at Mike's head -- from the East, whence they came.
Apprehension over whether there are more people within Mike's car, anxiety and adrenaline create a very tense situation. Mike rolls his head, and perhaps begins moving his hands toward his chest. A shot rings out, striking Mike's left cheek, grazing downward, slightly, and entering his shoulder. All of a sudden there are three more parties to a shooting that should never have happened.
To suggest that the other two shots hit Mike at this time is very improbable. It has been suggested by Lt. Sims that Mike was leaning forward when he received the shot that grazed his cheek and struck his shoulder. The angle of the shot would require that Mike's upper body be bent over at about a 45 degree angle. None of the witnesses notice Mike leaning forward, and it is equally improbable that the body could have fallen backward with that much of the body mass forward. If Sims' scenario were true, Mike would have fallen face down and toward the officer.
The B. C. 1. Analysis does not tie any bullets to any of the officer's guns. Only May's gun was tested, and the determination was that it " could have come" from May's gun.
Since no shots were fired by Hill, concern overcomes the quartet. They must justify the shooting. They mutter, as a plan quickly develops. They take Mike's gun and set it in his right hand. They then prop him up so as to get a better shot, but Mike keeps failing over. A piece of his brain from the enormous wound in his forehead falls to the pavement and lands in the vicinity of his knees. Finally, he remains in position long enough for one of the officers to fire a shot, from more than four feet away, for the officers know that their pistols will not leave gunpowder residue at that distance. The shot is fired, the bullet hits the right side of the 45, slightly from the rear, splaying metal out in a plane from the surface of the slide.
Some fragments from the now destroyed bullet strike Mike's right hand and others strike his left thigh from the inside of his knee upward and to the left. Still other fragments strike the underside of his left forearm, a location that would never have been exposed if Mike were holding the gun with two hands. Another fragment strikes Mike's car door, which had been closed after Joe, Josh and Larry left the scene. This fragment and resultant damage were overlooked by the crime scene detectives, but could not have gotten there if the fragment was a result of the initial shooting, as reported by May.
The shot that struck Mike's gun struck the right slide, above the hand grip. The angle, as agreed to by both Sims and Hartmeyer, is from the rearward, at perhaps 20 to 40 degrees from the perpendicular. To presume that Mike had aimed the gun at himself during the course of the shooting is beyond the wildest stretch of imagination. However, had this inexplicable event occurred, it would not account for the other injuries sustained from that same bullet. The FBI report Indicates that the injuries to hand, arm and leg were from the same bullet and the fragment found on the ground suggests the same. The patterns of the fragments are very lineal, suggesting that the pieces splayed out in a rather flat plane, or pattern. The pattern on Mike's left arm is lineal: and runs from the inside of the left elbow outward and up his forearm. The pattern on his leg begins inside the knee and extends upward and across the top of his thigh. The pattern on his hand is what should be expected from a flat splaying from the surface of the gun. To line these three patterns up you could set Mike up with legs neatly flat on the ground, rest his elbow on the middle of his thigh with his hand raised, as if in a sort of fetal position. The gun, then, placed loosely in the right hand with the right wrist resting on the right thigh and the gun barrel toward the ground. In this position we could achieve the injury patterns, and it would be easy to imagine the bullet striking the gun from the rearward direction indicated. The alternative would have Mike stooped over, with his gun in his right hand, very loosely held, and very close to his left inside thigh. A very improbable shooting position.
The B. C. I. analysis indicates that only two-thirds of the pistol grip was covered. The powder residue covered the other one-third. To hold the 45 in a firing position, for anyone experienced with shooting this powerful, large caliber handgun, requires a very firm grip. To hold the pistol as loose as the B. C. I. analysis suggests would be asking for an accident. It also makes for difficulty in compressing the grip safety (which still works), allowing the gun to discharge.
The blood splatters and brain tissue located 4 feet from the location of the head, as described in Hartmeyer's report, suggests that this as the probable location in which the leg injury was sustained. The brain tissue would not likely have fallen here while Mike was standing. His feet would have been another two feet southwest of this location. It would seem that the tissue fell in this location as a result of Mike being sat up into an upright position.
This would suggest that two shots were fired some time after the initial two injuries. which becomes more plausible, as we continue.
Some will suggest that what is presented here is fantasy. I would counter that it is the only plausible explanation for the shots to have caused the damage that they did. It is the only scenario that would warrant the need to tie the gun to Mike's hand -- but Mike Hill, according to his wife, Arleen, was left handed. As has been pointed out, Mike could not have had a two-handed hold on the gun. If he were to shoot with one hand, it would be the left, not the right.
Not to leave this scenario standing just on the merit of the evidence on record, a witness has come forward who, along with his wife. heard two sets of shots on the morning of June 28, 1995. Their count is three shots during the initial set, and one more separate shot. Knowing, by all accounts, that there were four shots in the first shooting, it might be safe to presume that the first woke up the couple, and they were then able to count the remaining three. By the same token, just as they were dozing off again, another shot brought them back to awareness, and the second was heard and counted as one shot.
Kittle has chosen to remain silent about the events surrounding the shooting. Perhaps he has had a memory lapse, but he has said nothing that would refute the description of events presented by the other three witnesses (Joe, Josh and Larry). His statements, disagree with certain statements made by May. Perhaps Kittle will overcome his fear of his burly friend and tell the truth so that justice can prevail in this matter. The grand jury, that dealt only with what was described as a single event, has yet to be presented with a scenario that allows for two separate shooting events to clarify the way in which the physical evidence seems now to be inconsistent with their first determination.
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