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Officer who was stabbed pulled trigger 6 times
(Published Tuesday, May 18, 2004 10:37:36 AM CDT)
By Sid Schwartz/Gazette Staff
Andrew Smith
Justyn Fischer
Original story, http://gazetteextra.com/officerstabbed051804.asp
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Janesville police officer Andrew Smith pulled the trigger on his pistol a half dozen times, but it never fired while he fought with the man who eventually stabbed him in the neck, according to court documents.
Justyn P. Fischer, 28, of 624 Liberty Ave., Beloit, was charged Monday with attempted murder while armed as a habitual criminal. If convicted, he faces a maximum of 71 years in prison.
Police on Monday examined and test fired Smith's .40-caliber Smith & Wesson Sigma semiautomatic pistol.
"The weapon was found to be operating properly," Police Chief George Brunner said. "There were no problems with firing the weapon during the test. The department is continuing to review the situation."
After his arrest, Fischer told investigators he grabbed the barrel of Smith's weapon during their struggle.
John Goepfert, owner of Goepfert's Purchasing House, 1901 Holiday Drive, Janesville, said Smith's gun probably wouldn't fire because Fischer somehow interfered with the weapon's action.
It that's true, the gun's trigger would have remained back and ineffectual after Smith's first attempt to shoot. The trigger would not have reset unless Smith slid the action, Goepfert said.
Every semiautomatic pistol ever made-not just the model used by Janesville police-is susceptible to misfires if its action is interfered with while the trigger is pulled, Goepfert said.
Old-fashioned revolvers are even more susceptible, he said.
"Each firearm design has a weak spot," Goepfert said.
Smith's struggle with Fischer started after Smith was dispatched at 3:51 a.m. Thursday for a report of a vehicle break-in in progress in the 3200 block of Turnberrry Drive on Janesville's far south side.
Fischer later told investigators that a friend had told him about a yellow pickup truck on that street that had a nice stereo system. While in the truck trying to steal the stereo, Fischer saw what he believed was a police officer approaching, so he ran, according to the complaint.
Smith said he chased the suspect through backyards for about a block before tackling him. The two men were wrestling on the ground when Smith was struck in the forehead, causing him to see stars, according to the criminal complaint.
Smith could see the man holding something in his hand, and Smith feared for his life, according to the complaint.
The officer pulled his pistol from its holster, "pushed it towards the subject's midsection and pulled the trigger," but the gun did not go off, the complaint reads.
Smith pulled the trigger twice more without the gun firing before he saw what looked like a shiny screwdriver in the man's right hand.
He pulled the trigger three more times, but the gun still would not fire, according to the complaint.
That's when Smith felt a "strong blow" to his right jaw, and he realized he'd been stabbed with the screwdriver, according to the complaint.
The blade of the screwdriver poked the chain for Smith's whistle and the collar of his uniform an inch deep into his flesh, according to the complaint.
After he was stabbed in the head three or four more times, Smith rolled onto his side to cover his firearm, and the suspect fled.
Smith later was treated and released at Mercy Hospital in Janesville.
Police surrounded the area, but the suspect escaped.
About a half hour later, a car was stolen from outside a home on O'Leary Road about 18 miles west of where Smith was stabbed. The car, which Fischer is accused of stealing, later was found in Beloit, according to Rock County Sheriff's Department reports.
While police searched for Fischer later Thursday, they spoke with a friend of his in Clinton. The friend said Fischer had been calling him on a cell phone, which police traced as being owned by Suzanne A. Bickle, 24, of 13152 Linden Ave., Janesville.
Police executed a search warrant at Bickle's home at 8 p.m. Thursday and arrested Fischer.
Bickle was charged Monday with harboring or aiding a felon. She told police she had driven to Beloit on Thursday morning and given Fischer a ride back to her Janesville home.
Fischer had told her he'd "had a physical conflict with a police officer," and she let him stay at her home while she went to work at a Janesville restaurant, according to the complaint.
In court Monday, Fischer was ordered held in the Rock County Jail on a $50,000 cash bond. He is due in court next at 1 p.m. Monday.
Bickle was released on a signature bond. She is due in court next at 1 p.m. Wednesday.
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What do ya think???
(Published Tuesday, May 18, 2004 10:37:36 AM CDT)
By Sid Schwartz/Gazette Staff
Andrew Smith
Justyn Fischer
Original story, http://gazetteextra.com/officerstabbed051804.asp
--------------------------------------------------------------------------------
Janesville police officer Andrew Smith pulled the trigger on his pistol a half dozen times, but it never fired while he fought with the man who eventually stabbed him in the neck, according to court documents.
Justyn P. Fischer, 28, of 624 Liberty Ave., Beloit, was charged Monday with attempted murder while armed as a habitual criminal. If convicted, he faces a maximum of 71 years in prison.
Police on Monday examined and test fired Smith's .40-caliber Smith & Wesson Sigma semiautomatic pistol.
"The weapon was found to be operating properly," Police Chief George Brunner said. "There were no problems with firing the weapon during the test. The department is continuing to review the situation."
After his arrest, Fischer told investigators he grabbed the barrel of Smith's weapon during their struggle.
John Goepfert, owner of Goepfert's Purchasing House, 1901 Holiday Drive, Janesville, said Smith's gun probably wouldn't fire because Fischer somehow interfered with the weapon's action.
It that's true, the gun's trigger would have remained back and ineffectual after Smith's first attempt to shoot. The trigger would not have reset unless Smith slid the action, Goepfert said.
Every semiautomatic pistol ever made-not just the model used by Janesville police-is susceptible to misfires if its action is interfered with while the trigger is pulled, Goepfert said.
Old-fashioned revolvers are even more susceptible, he said.
"Each firearm design has a weak spot," Goepfert said.
Smith's struggle with Fischer started after Smith was dispatched at 3:51 a.m. Thursday for a report of a vehicle break-in in progress in the 3200 block of Turnberrry Drive on Janesville's far south side.
Fischer later told investigators that a friend had told him about a yellow pickup truck on that street that had a nice stereo system. While in the truck trying to steal the stereo, Fischer saw what he believed was a police officer approaching, so he ran, according to the complaint.
Smith said he chased the suspect through backyards for about a block before tackling him. The two men were wrestling on the ground when Smith was struck in the forehead, causing him to see stars, according to the criminal complaint.
Smith could see the man holding something in his hand, and Smith feared for his life, according to the complaint.
The officer pulled his pistol from its holster, "pushed it towards the subject's midsection and pulled the trigger," but the gun did not go off, the complaint reads.
Smith pulled the trigger twice more without the gun firing before he saw what looked like a shiny screwdriver in the man's right hand.
He pulled the trigger three more times, but the gun still would not fire, according to the complaint.
That's when Smith felt a "strong blow" to his right jaw, and he realized he'd been stabbed with the screwdriver, according to the complaint.
The blade of the screwdriver poked the chain for Smith's whistle and the collar of his uniform an inch deep into his flesh, according to the complaint.
After he was stabbed in the head three or four more times, Smith rolled onto his side to cover his firearm, and the suspect fled.
Smith later was treated and released at Mercy Hospital in Janesville.
Police surrounded the area, but the suspect escaped.
About a half hour later, a car was stolen from outside a home on O'Leary Road about 18 miles west of where Smith was stabbed. The car, which Fischer is accused of stealing, later was found in Beloit, according to Rock County Sheriff's Department reports.
While police searched for Fischer later Thursday, they spoke with a friend of his in Clinton. The friend said Fischer had been calling him on a cell phone, which police traced as being owned by Suzanne A. Bickle, 24, of 13152 Linden Ave., Janesville.
Police executed a search warrant at Bickle's home at 8 p.m. Thursday and arrested Fischer.
Bickle was charged Monday with harboring or aiding a felon. She told police she had driven to Beloit on Thursday morning and given Fischer a ride back to her Janesville home.
Fischer had told her he'd "had a physical conflict with a police officer," and she let him stay at her home while she went to work at a Janesville restaurant, according to the complaint.
In court Monday, Fischer was ordered held in the Rock County Jail on a $50,000 cash bond. He is due in court next at 1 p.m. Monday.
Bickle was released on a signature bond. She is due in court next at 1 p.m. Wednesday.
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What do ya think???
I have no idea what could have happened.
