...and the reports are in....(O'Hara - Chase)

Deputies' chase imperiled public, report concludes
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By Michael LaForgia

Palm Beach Post Staff Writer

Friday, May 18, 2007


A car chase that ended only after 18 deputies fired almost 300 shots to kill a frantic gunman in Delray Beach last May could have been averted, according to a Palm Beach County Sheriff's Office report released Thursday.



Bob Shanley/The Post

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The Chevrolet SUV driven by Antonio Isaias Magdaleno is riddled with bullet holes after the chase on May 19, 2006. The shootout led deputies to fire more than 288 rounds, eventually killing Isaias.


Bob Shanley/The Post

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The Chevrolet SUV driven by Antonio Isaias Magdaleno is riddled with bullet holes after the chase on May 19, 2006. The shootout led deputies to fire more than 288 rounds, eventually killing Isaias.

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Instead, the report said, former sheriff's Lt. Patrick O'Hara refused to authorize deputies to flatten the tires of an SUV driven by 21-year-old Antonio Isaias Magdaleno, who was brandishing a .45-caliber pistol he had just fired during an argument west of West Palm Beach.

The result was a chase that placed the public in "imminent danger," said the report, which was prepared by the sheriff's division of internal affairs. The investigators forwarded the findings to be incorporated in training exercises.

O'Hara, who since has retired and is now campaigning to unseat Sheriff Ric Bradshaw in the coming election, told internal investigators he didn't authorize use of spike sticks out of safety concerns.

Reached for comment Thursday, O'Hara said, "I still believe to this day I did a great job."

The May 19 chase stretched more than 19 miles from suburban West Palm Beach to Delray Beach and ended in a dramatic shootout in a historic neighborhood along Northeast Second Avenue, a few blocks north of crowded Atlantic Avenue on a Friday night.

It began after Isaias pulled a gun during an argument outside the Duds n' Suds laundry near Haverhill Road and Forest Hill Boulevard, authorities said. He fired three shots into the air and drove away in a blue Chevrolet Tahoe.

Soon after, deputies, including a detective who had a civilian riding with him, began tailing Isaias. Sgt. Louis Penta, driving behind the SUV, said he saw a chance to flatten the suspect's tires and stop him north of Hypoluxo Road. He radioed his request to O'Hara and was denied, the report said.

More deputies and detectives joined the chase as it continued south on Interstate 95. Eventually, sheriff's Capt. Lauro Diaz, a former SWAT commander, took over for O'Hara, who hadn't yet joined the pursuit, the report said.

Isaias veered off the interstate at Woolbright Road and was briefly caught in traffic. A passenger, Jose Garcia, jumped from the SUV and turned himself in, the report said.

Garcia later told detectives he had begged Isaias to let him out of the vehicle. He said he heard the Palm Springs man making phone calls and saying goodbye.

His mother, Evangelina Magdaleno, 42, of Boynton Beach, said the day after the chase: "He told me, 'I'm going to die today, Mama,' He said, 'If they don't kill me, I'm going to kill myself.' "

After Garcia escaped, two deputies tried to throw spike sticks in the path of the fleeing SUV as it approached Old Boynton Road and Military Trail.

Another deputy shot past the SUV in his cruiser and saw Isaias in the driver seat, steering with the gun in his right hand and holding a lit cigarette in his left, the report said.

Finally, as Isaias sped toward downtown Delray Beach, Diaz ordered a deputy to ram the SUV, which went into a spin and struck a tree, setting the stage for the showdown.

Among the weapons fired at Isaias: a .40-caliber MP5 submachine gun, a 12-gauge Remington shotgun and a .223-caliber Bushmaster assault rifle, the report said.

Last month, State Attorney Barry Krischer wrote in a memo to the sheriff that the 18 deputies were justified in shooting more than 288 times at the suspect but that the incident raised training concerns because some were firing too close to each other. The medical examiner later recovered 18 bullets from Isaias' body and determined that two of the bullet wounds proved fatal.

Eugene O'Donnell, a professor at the John Jay College of Criminal Justice in New York, said Thursday it is difficult to second-guess officers in a life-or-death situation.

"You never know how many shots you need to hit a guy, because a lot of times you miss a guy," said O'Donnell, a former New York police officer and prosecutor.

He added that officers are trained to fire when they perceive a threat to their life or to the lives of others.

"More often than not, there's fear and there's uncertainty and there's rapid deterioration of the situation," he said. "It's complicated, because in a case like this you really have 18 different perceivers," he said.

~ michael_laforgia@pbpost.com

former sheriff's Lt. Patrick O'Hara refused to authorize deputies to flatten the tires

The result was a chase that placed the public in danger, HMMMM, flatten tires on a closed down I-95 or a shootout in a residential area...!


O'Hara, who since has retired and is now campaigning to unseat Sheriff Ric Bradshaw in the coming election, told internal investigators he didn't authorize use of spike sticks out of safety concerns. Reached for comment Thursday, O'Hara said, "I still believe to this day I did a great job."
'safety concerns'??? flat tires or bullets...wrecked vehicle or possible dead citizens or law enforcement men and women??? Did a great job..how, when & where???????


radioed his request to O'Hara and was denied, the report said.



sheriff's Capt. Lauro Diaz, a former SWAT commander, took over for O'Hara, who hadn't yet joined the pursuit Capt. knew he HAD to take over before someone got real dead, again citizens or law enforcement.


Sad, just sad....but not unpredicted, especially for Pat's answer!!! And not once being able to say "I messed up and I'm sorry" to anyone

Please go to the below link and write some comments. Show everyone how much we don't want Pat as our Sheriff.






http://www.palmbeachpost.com/ap/storyco ... tPage=true (http://www.palmbeachpost.com/ap/storycomments/ex/StoryComments.jsp?siteId=6701&storyId=/local_news/epaper/2007/05/18/s1a_DBCHASE_0518.html&secondCommentPage=true)

Please go to the below link and write some comments. Show everyone how much we don't want Pat as our Sheriff.

http://www.palmbeachpost.com/ap/storyco ... tPage=true (http://www.palmbeachpost.com/ap/storycomments/ex/StoryComments.jsp?siteId=6701&storyId=/local_news/epaper/2007/05/18/s1a_DBCHASE_0518.html&secondCommentPage=true)

Please read O'hara comments at this link!!!!

I can honestly say that I do not feel sorry for O I was in the chase and heard Sgt Penta tell Lt O'Hara several times that it looked good for "stop sticks" and the Eagle also said the same thing. Penta even stated very clearly "I copy 10-54 on the stop sticks" trying to get him it give authorization. Lou did everything he could.

FACTS!!!

It began after Isaias pulled a gun during an argument outside the Duds n' Suds laundry near Haverhill Road and Forest Hill Boulevard, authorities said. He fired three shots into the air and drove away in a blue Chevrolet Tahoe.

Soon after, deputies, including a detective who had a civilian riding with him, began tailing Isaias. Sgt. Louis Penta, driving behind the SUV, said he saw a chance to flatten the suspect's tires and stop him north of Hypoluxo Road. He radioed his request to O'Hara and was denied, the report said.


Isn't this still just a misdeanor? Orginally I thought the wackjob shot INTO the building (felony) but if he shot into the air then this was a misdemeanor (not occurring in OUR presence) and Lt O made an understandable decision.

You guys judged too quickly.... Thanks for posting this, it made me change my mind on the matter.

leave the past alone an the retired retired,don t revive the dead and get over what s done. Just be glad your working in this economy and that our job s are secure . remember its alway s been who you know not what you know and the more you screw up the higher rank you ll attain. it will never change.so find a nice safe zone an stay there,don t cause any waves an just answer your calls.

[Texas]

It began after Isaias pulled a gun during an argument outside the Duds n' Suds laundry near Haverhill Road and Forest Hill Boulevard, authorities said. He fired three shots into the air and drove away in a blue Chevrolet Tahoe.

Soon after, deputies, including a detective who had a civilian riding with him, began tailing Isaias. Sgt. Louis Penta, driving behind the SUV, said he saw a chance to flatten the suspect's tires and stop him north of Hypoluxo Road. He radioed his request to O'Hara and was denied, the report said.


Isn't this still just a misdeanor? Orginally I thought the wackjob shot INTO the building (felony) but if he shot into the air then this was a misdemeanor (not occurring in OUR presence) and Lt O made an understandable decision.

You guys judged too quickly.... Thanks for posting this, it made me change my mind on the matter.
Great Monday morning quarterbacking. What came over the radio was that the guy shot into the business. I was thinking "What the F is wrong with O'Hara" during the episode. He was always afraid of his shadow... not good for a cop.

you say monday morning quarterback....I say grand jury decision..

Didn't anyone confirm at the scene the crime that actually occurred?

Seems like a simple process....

Talk about DEJA VU-I find it hard to believe that this totally unqualified idiot is using up space again about running for Sheriff. He has no clue-no money-no brains-no innovation-NOTHING!!

I've been retired awhile...is this Ohara the guy from the south end we used to call Uncle Martin?

I thought O'hara running for sheriff was a joke. Well it still is a joke, but is he that moronic to think he is any way qualified to do anything other then be a mall security guard?

I was there, the suspect shot IN TO the building. Just because some moron writing for the Palm beach rag prints something, does not make it factual. The screw up facts about cases on a daily basis. I was also behind the suspect vehicle on I-95. We were doing around 35 mph. We had the ENTIRE highway blocked off from any other traffic. The stop sticks would have ended the chase right then and there. Ohara is a fool. Ask him how he dropped a shot gun years ago and shot his partner is the arse.

[RETIRED LT 275]

Hello, in resonse to the last post. John Sluth and myself were on a call on mids, his shotgun discharged into the driveway. Cement from the driveway struck me in the leg. Ok.

Yes it is correct I did not allow stop sticks to be used on I 95. I was the LIeutenant, it was my decision. If you can't follow or accept command decisions, go work somewhere else. Better yet, work there 18 years, work your way up to Sergeant, then Lieutenant and you can make your own decisions..

And one final note, man up, sign your name, and I can invite you over to discuss your concerns.

Pat Aahara

posting J.sluth's name was very uncool. So much anger Mr. O'hara. Please reframe from placing people's names on here and grow up. You're acting very unprofessional for a political man. I'd hate to see how you would react to the press during a debate. Either play fair on this site or stay away.

I remember the shotgun incident. I still can't figure out why someone would take a shotgun to clear a residential alarm. :roll:

And Pat, why don't you enlighten us as to why you made your decision to not use the stop sticks. I'm sure the viewers would like to hear your side publicly instead of in private.

[RETIRED LT 275]

Hello, To the previous to posts I wish to answer your questions. The reason he took a shotgun was because there was a woman who called us stating there was someone in her house. It was not a residental alarm. And as far as why he took it beyond that is you could ask him, he's a really great guy and I am sure he wouldn't mind being asked.

I used his name very respectfully, not to mention John and I have been friends for more than twenty years.

Why are people so hung up about names. Mine gets said here quite a bit.

The reason I did not allow stop sticks on 95 is because I deemed it unsafe, at 7:30 PM on Friday night. My decision. I was the the person in charge. I made a decision. It is really quite simple. There is no big story. Sorry

John ("Football-Head") Sluth is a very good guy. You are right about that Pat. I don't understand the rest though. Your decision to not deploy tire deflation devices on I-95 at 7:30 p.m. on a Friday night doesn't tell us all that much. There is an inherent risk every time we choose to deploy them, so what was so "unsafe" about deploying on this particular call.

We know that it was your decision and we know that you were in charge! That is why you are being asked about it, then and now. Your decision-making abilities, or concerns about the one's that weren't made, were the cause of a recommendation for demotion back to Sergeant, right? Listen......We all make mistakes and none of us are perfect. But, why did you not have much of any support in the decisions that were made on this call that you were in charge of? That is something that you need to learn from and come to grips with before you can even begin to think about running any part of this agency, much less the entire agency.

When you become a supervisor, you are not expected to be perfect, nor are you expected to make the "right" decision every time. But, as a supervisor, your decision making abilities should be sound and good most all of the time. If not, your troops and all of those around you will not have the confidence in you that they should.

Just a thought. You are a nice guy from what I know of you. But, being a "nice guy" is not what we are talking about on this thread. It's about an honest critique of your past performances and an honest assessment of your qualifications for running this agency. I do not believe that you are held in high esteem on either of these two points. I'd much rather you dedicate time and effort trying to convince the vast majority of us that we have it wrong, rather than coming on here talking trash about people in this agency and calling people in our executive and/or command staff unpleasant names. Say what you will about Musco but he is a straight shooter that will tell you where he stands. He will make the call on things where he can and he's not too proud to reach out for others to consult or confer on things that he knows less about. If you're a schmuck, he will tell you that. If you are squared away, he will tell you that too. That's not so bad, is it? It's his opinion and I don't see anything wrong with him expressing it. Depending on how you feel about him, you can weight it accordingly. There is something to be said, though, about honesty and a level of candidness. That's where the old addage of, "Sometimes the truth hurts," comes into play.

[Texas]

I remember the shotgun incident. I still can't figure out why someone would take a shotgun to clear a residential alarm. :roll:

And Pat, why don't you enlighten us as to why you made your decision to not use the stop sticks. I'm sure the viewers would like to hear your side publicly instead of in private.
Haha: As I remember, a while back the shotgun was defined as our primary weapon, not the handgun. Although SOP 551 has changed in that respect.

[RETIRED LT 275]

My friend, you write very eloquently, but ask yourself this. Do you think stop sticks should have been used on the call where two deputies were killed in Belle Glades. The answer is yes and no. Wheather or not they should have been used is not the question. The real question is what could go wrong?? Is it possible on an unlight road that someone may not see someone standing in the road?? Two Deputies died, but yes it was a situation where the use of stop sticks would normally be used.

Something went wrong that night. Had a Watch Commander Lieutenant, said no not out here on this dark road the worst thing that would have happened is the guy would have gotten away with a used Toyota.

Huge studies by lawyers and police agencies have determined that stop sticks are dangerous, and that is why there are restrictions on their use by the agency.

Tasers are not supposed to kill people but many have died.

Ask yourself this and be honest. Would you want to stand in the middle of the road on 95 and put out stop sticks. Would you stand in the middle of 95 under any condition being sober. It is just not a safe place.

I had a split second to make that choice. No one has to like it. My job is to protect the deputies first. I made that decision, the end result was a dangerous person was taken of the streets and no one was hurt that have been reported to my knowledge.

What a great ending. Who could have asked for more?
Pat

Pat.......You explain your reasonings at least to some minimal degree of why you did not allow for the deployment of the TDD's on I-95. You seem to be very conservative and fail to recognize the need for taking calculated risks, even in the face of inherent risks. When you are too conservative, and unwilling to push the envelope at all, then you fall short of doing what many of us in this business call "police work." I am not a proponent of taking any and all risks, but we didn't take the calculated risks that we do, the following consequences would arguably occur: We would fail to adequately engage, We would send a message to the scumbags and evil-doers that we'll play as long as it is safe to do so, and We will send a message to our community that we don't like to engage when things get a bit too risky. In the end, we will have an agency full of deputies that are no longer committed to engaging those that need to be brought to justice. Our deputies will lose complete confidence in those that are in a position to make the decision to engage, or not, like the Lt. or watch commander. Finally, the community will lose faith in our abilities and no longer be confident that when we are called upon to act, that we will (within reason) respond and TCB in order to keep them safe and from keeping our community becoming one of lawlessness.

Let's not confuse the decision that were faced with versus the one out in the glades. The case in the glades involved a stolen vehicle that probably should have been pursued at all and it also involved the improper deployment of the TDD's. The circumstances of your case were completely different than that, and I understood it to be circumstances that definitely warranted a pursuit.

In light of the incident having a story book ending, which is what you tend to describe, where was the support for your decision making? How is it that your event ends well, and all is good according to you, but then you are recommended for demotion to sergeant? That seems to be a bit strange to me.

[RETIRED LT 275]

To Guest.

What you asked me at the end of your post is a long detailed subject that can not be explained here.

But in short, I did everything that was asked of me for over 17 years at the agency, but it got to the point I could no longer sit and watch what people like the ones I sued do what they were doing to people.

I stood up to them, and that's why they were going to demote me.

Pat

It has been many years now since that eventful evening. I was there, in the chase, up to and including the final shootout. Having said that, I will not disparage 275 for the horrible decision he made. Nor will I comment on the erroneous statement he made about people dying from Tasers. (It's known as, 'Excited delirium'). But I will say he made a command decision, right or wrong, (It was horribly wrong), from the rear. He was no where near the scene. Most military and law enforcement personnel will tell you, your troops respect and admire you more, when you lead from the front.
I knew 275, from his time as a Deputy, to first line supervisor, to (somehow watch commander), and as previously stated, he is a very nice man; but not one I EVER felt was a worthy back up officer, much less a supervisor. I don't believe in continuing this, but it has taken me this many years to say something. Permit me to reiterate myself...275 is a very good man, but his lack of leadership should never permit him to head an agency as professional and meticulous as the PBSO.
As for Al Musco, sure he has his shortcomings, doesn't everyone? But I wholeheartedly concur with previous posts, that Musco never hid his feelings. I have had my differences with him as well, but he has the knowledge to make a CORRECT decision, and the professionalism to admit when he screwed up. Even to me, a subordinate at the time.

I worked with O'hara when he was just a deputy. He was scared of his own shadow and incompetent for that position. How this man ever got above that rank, I have no idea.

I laugh when I think about Pat as a boss. Want to know what kind of cop he was? Cowardly comes to mind. I know that two of his FTO's were amazed that despite substandard performances in the FTO process he was passed along. Not a bad person, just not someone I wanted on a call with me. I was thrilled that he never worked a shift with me, he was a tool then and I suspected that he remained one even to this day. The old adage applies, its who you know, not what you know.