Armed vet shot, killed outside Maine VA hospital

AUGUSTA (AP) — Law enforcement officers shot and killed an armed military veteran Thursday in woods within sight of the entrance of a Veterans Affairs hospital in Augusta, Maine Attorney General Janet Mills said.

Maine Shooting
Andy Molloy

Maine State Police search the woods near the Togus Veterans Administration, in Augusta, Maine, following a shooting Thursday, July 8, 2010 involving police and an armed veteran. Law enforcement officers shot and killed an armed military veteran in woods within sight of the entrance of a Veterans Affairs hospital outside Augusta, state Attorney General Janet Mills said. (AP Photo/The Journal, Andy Molloy)

Maine Shooting
Robert F. Bukaty

A state police tactical squad member leaves the woods near the Department of Veterans Affairs Medical Center at Togus where law enforcement officers shot and killed an armed man, Thursday, July 8, 2010, in Augusta, Maine.(AP Photo/Robert F. Bukaty)

Maine Shooting
Robert F. Bukaty

A no trespassing sign is seen posted near the scene where law enforcement officers shot and killed an armed man within sight of the entrance of the Department of Veterans Affairs Medical Center at Togus, Thursday, July 8, 2010, in Augusta, Maine.(AP Photo/Robert F. Bukaty)

Janet Mills
Robert F. Bukaty

Maine Attorney General Janet Mills speaks to reporters near the Department of Veterans Affairs Medical Center at Togus where law enforcement officers shot and killed an armed man, Thursday, July 8, 2010, in Augusta, Maine. (AP Photo/Robert F. Bukaty)

Maine Shooting
Robert F. Bukaty

A state police investigator searches the woods near the Department of Veterans Affairs Medical Center at Togus where law enforcement officers shot and killed an armed man, Thursday, July 8, 2010, in Augusta, Maine.(AP Photo/Robert F. Bukaty)

Former Marine James Popkowski, 37, was fatally wounded in the midmorning confrontation near the Department of Veterans Affairs Medical Center in an area of the city known as Togus.

Mills said it was not clear what triggered the confrontation in woods near the hospital. She also said it wasn't clear whether the officers were fired upon by Popkowski, who lived about 150 miles away in the town of Medway.

But "From the preliminary investigation, it appears to be defense of themselves and defense of third parties," Mills said.

The attorney general's office said Popkowski was a former Marine, but had no further information on when or where he served. The office said VA police officer Thomas Park and state game warden Sgt. Ron Dunham used deadly force against the man. A third officer, game warden Joey Lefebrve, was involved but did not use deadly force. All three were placed on administrative leave with pay pending the outcome of the investigation, officials said.

Hospital spokesman Jim Doherty said police for the VA hospital, which has its own federally licensed force, were summoned after a couple of employees heard gunshots in nearby woods. When police confronted the man, VA employees and patients were told to stay inside the medical campus buildings.

Doherty confirmed that Popkowski had received health care at the VA. But Doherty said he was barred by confidentiality protections from giving the dates or reasons for the treatment.

A 2003 published report said a benefit bone-marrow drive was to be held for Popkowski, then a lst lieutenant in the Marine Corps who had been diagnosed with a rare and aggressive cancer.

Neighbors gave differing accounts of whether people hunt in the woods surrounding the hospital. The area where the shooting took place was marked with a "no trespassing" sign and identified as federal property.

Paul Stevens of Belgrade, who was visiting his uncle who lives near the woods, said he saw what happened.

Stevens, who said he was a National Rifle Association shooting instructor, said officers fired on a man armed with what looked like a rifle. About eight shots were fired and the man fell to the ground, he said. Stevens said he did not see any aggressive action by Popkowski before he was shot.

"It's a sad thing," said Glenwood Shaw, Stevens' uncle. "I just think it's awful for someone to lose their life that like."

Popkowski was apparently the owner of a Toyota pickup with a veteran's license plate that was parked about 40 to 50 feet off the road, Shaw said. Shaw said he'd seen the pickup parked in the area previously.

Janice Currie, who lived across the street from Popkowski's family in Medway, said Popkowski joined the Marines after high school and planned to make a career of it, but his military career was cut short by a rare form of cancer.

Currie said Popkowski never recovered from the cancer but remained upbeat during treatment. He had three Alaskan huskies that he often took with him in his pickup truck, she said.

"He was a very nice guy," she said. "This totally took me by surprise because that's just not him."

By law, the attorney general's office in Maine investigates whenever officers use lethal force.

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Displaying comments, from newest to oldest

dog's picture

Sorry Freyt

You just don't get it. It's about losing rights. I have nothing against cops. It's the laws that allow their behavior. It's the laws that are causing us to lose our rights. And complacency in the communites, and among the voters, who accept them. Sorry you didn't get that.

freyt's picture

Sorry Dog.

I thought this forum was about a man who lost his life in a confrontation with law enforcement. What does that have to do with laws you personally don't like,and rights that you believe you lost?

veritas's picture
verified

The Bangor News has been covering this quite well...

Read these articles....

Evidently he was shot once. There's some more in-depth reporting here......

http://www.bangordailynews.com/detail/148256.html

http://www.bangordailynews.com/detail/148407.html

http://www.bangordailynews.com/detail/148408.html

sandra2's picture

The eye witness said the

The eye witness said the police never announced themselves and that he made no threatening move. he even has it on his cell camera. And to all the smart (dumb) folk who think a .22 is the same as an M-16 because they use the same ammo give me a break. Yup, M-16's are equally as deadly as .22's. Let's rearm the military based on the rocket scientists and save billions in our defense budget. Either you are incredibly stupid to make that comparison, or you think everyone reading it is.

ajg1959's picture

Incredibly stupid?

Before I called someone else "incredibly stupid" I'd make sure I knew what I was talking about.

ajg1959's picture

No Sandra, you just dont get it

A M-16 does fire a 22 caliber bullet. You were the one saying that Marines would never use 22 caliber ammo as a weapon, but you are wrong, because they do.

The .223 in a M-16 round is heavier than a .22 long rifle round, but it is still .22 caliber. And true, it is much deadlier, but it still is just .22 caliber.

tron's picture

Who cares what kind of freaking bullets they were?

The bottom line is two cops murdered a guy, and instead of standing trial, they're getting a three month paid vacation. THAT is what should be discussing, not the type of bullets. Not wonder this country is in such a mess.

freyt's picture

Tron.

Reading your comment made me suddenly realize why some animals eat their young at birth!!!

tron's picture

It is with great sadness to realize

that your parents were not one of them. Obviously they lacked intelligence and common sense to do the right thing.

sandra2's picture

http://u1.imperion.us/report/

dog's picture

Good Cops Bad Cops..........

I didn't see in the article why they were called in the first place, or by who they were called. Was it really a rifle he had, or a big stick. Those cops are dressed up in so much gear, they probably shot him because they were too hot, and going into heat exhaustion, not seeing or thinking clearly. They were so geared up that if he did shoot at them, the bullets would have bounced off! Eight times they shot him! This is an outrage! All you people who think the cops should be into every aspect of our lives, and think it's good, don't you realize your losing your rights everyday? Do you know that people are being stopped because the cops say that their air freshener hanging from the rearview is too big? Talk about your bull s--t probable cause to stop you and check you out for no other reason than to invade your privacy. And no I'm not of a guilty consience or of breaking any laws, I have nothing to hide, I just don't like the way the people are losing rights to privacy, and private property every day, and that a lot of the people accept it as a good thing. I'm sorry, I can't. And I'm sorry for this vet who was gunned down by a bunch of trigger happy cops, and later they'll all be cleared of any wrongdoing, watch and see.

freyt's picture

Good Cops Bad Cops.....

dog.... when it comes to psyco babble you are right up there with TRON. I read your comment,and all it amounted to was you took a crap on the comment board. Tron,please,come get your puppy and keep him on a leash. Kudos to Matt for the for the most reasonable comment. None of us know exactly what happened. Only three people do,and one is deceased. All we can do is wait for the report after the investigation is complete. As for video of what happened.....if the video showed that the police were in the wrong, i would believe that it would have been given to the reporters, instead of the police. I remember when officer Payne of the Auburn police department was shot and killed trying to apprehend a criminal. I wonder what your comments would have been. (Bad police officer shot by nice criminal.)Right?... Tron,veritas,and dog! As for me i will side with the police every time. Until i am proven wrong.
dog..... if your life is ever in real danger call tron or veritas for help instead of the police. They will tell you where to go.

tron's picture

you just don't get it, this report that will be released

months from now is being compiled by a completely bias source. We already know what the report will say. I have no confindence in its findings. Some poor guy was murdered and his killers are getting a free vacation. Why don't you see how wrong that is?

Matt's picture

None of us know

whether the man aimed at the officers or acted in a way that made them believe their lives were in danger. To me they always deserve the benefit of the doubt. If anything else went down, hopefully a witness will step forward.

bill0707's picture

Did the guy have a gun ? If

Did the guy have a gun ? If so then he got what he was asking for. Most people now when you see police you dont want to be holding a gun. Or this could be George W Buschs fault

sandra2's picture

Look at that picture... Can

Look at that picture...

Can any of you honestly say if you were out hunting (small game which is legal now and you would use a .22 to hunt, and saw 2 people dressed like that who did not identify themselves as police you wouldn't think they were hunters too?

Do you really think a trained Marine veteran would choose a .22 to go kill people with?

Did they need to shoot him 8 times when he made no threatening act?

It says something when tron and veritas are the only ones making sense. Hey guys, today you are making me proud to be a Democrat. Not too hopeful about Janet Mills though.

northwoods's picture

Read the article

Sandra read the words, don't just look at the picture. The two guys that look like commandos are members of the State Police Tactical Team (aka SWAT). In the article it reads "The office said VA police officer Thomas Park and state game warden Sgt. Ron Dunham used deadly force against the man." The SWAT guys weren't involved in the shooting according to this article.
No where in this article did I see what caliber the man had. But lets say it was a .22, what small game is in season right now. Coyote, Red Squirrel, Groundhog, and Porcupines are all in season and only the animal the .22 is really good for is the red squirrel. So he drove from the Medway area (fair amount of woods to hunt in) to hunt red squirrels in the suburbs of Augusta.

ajg1959's picture

Marines use 22 caliber rifles every day in combat

What do you think a M-16 fires?

The officers in the picture appear to be carrying either M-16's or AR-15's, and both fire 22 caliber rounds.

taxpayer's picture

.223 or 5.56 nato actually.

.223 or 5.56 nato actually. They're meant to enter the body and tumble and tear up everything in their path.

ajg1959's picture

Actually

The caliber is .223 which is a SAE measurement of barrel inside diameter.

The 5.56 is the same measurement in metric making it 5.56 mm.

I wasnt going in to a nit-picking discussion with my previous post, I was merely pointing out to the other poster that said that Marines wouldnt use a 22 caliber rifle, that in fact 22 caliber is what they use every day in combat.

Thank you for correcting me. I only fired several thousand of these rounds during my 4 years in the Army.

veritas's picture
verified

Thank you Sanda

We can declare a truce for awhile.... ;)

Steve Bulger formerly mainexile's picture
verified

Question?

Ron, as a retired LEO, I expect you might have some knowledge about jurisdiction. Since the shooting occurred on federal property, shouldn't the investigation fall under the jurisdiction of the FBI?

tron's picture

the article just says NEAR Togus,

not necessarily ON Togus, but whatever, since there isn't going to be any prosecution, I believe the Feds would leave this to the state.

veritas's picture
verified

Jurisdiction will wind up...

With whoever's got the biggest hose in the pissin' contest ;)

sandra2's picture

tron and veritas you are both

tron and veritas you are both right on with this one. This already stinks of cover up. No warnings just firing on a man who was off the property and could very well have been hunting coyotes. All based on some "phantom" call of hearing gunshots. Dust off the rubber stamp for the blue line and discard another veteran.

rumforddude's picture

GOD LOVE THE MARINE CORPS

GOD LOVE THE MARINE CORPS

fred04276's picture

Camera video

Go to WCSH6 and watch the video on this story. According to a witness he captured it on his camera phone.

xyz's picture

Further reports indicate...

A 2003 published report said a benefit bone-marrow drive was to be held for Popkowski, then a lst lieutenant in the Marine Corps who had been diagnosed with a rare and aggressive cancer.

joe public's picture

Tron is just sturrin the pot

Tron is just sturrin the pot he has been like a mushroom for to long....lacking light !!! Because we all know where his head is !! If any of you have been to Togus you know firearms are a no no ! The person most likely had problems and snaped I feel sorry for the two who had to do their job ,they have to live with pulling the triggerthe rest of their lives ! Now had the dead man killed four or five patients @ togus TRON would have asked why something wasnt done!! Tron I disrespect everything you stand for !

bx3mn's picture

jumped the gun

I think they could have been a bit more precise. Unresolved ptsd is only gonna keep flying... towards the trigger men. Have a happy day.

rumforddude's picture

U.S. PROPERTY* NO TRESPASSING*

Sorry I have a REAL problem with this sign, shouldn’t this be on our borders?? My tax dollars paid for this sign and the land that it resides on. What am I half an American citizen? Aren’t I U.S. PROPERTY. Does anyone else find this sign disturbing? Maybe I’m wrong. P.S. ---------Tron sucks :-)

jchick's picture
verified

No problem whatsoever

VA medical facilities and the land on which they reside are Federal Property. It has nothing to do with citizen status, and as one reader already said, you are not US property unless you signed on the dotted line and took the oath.

John Chick
Monmouth, ME

"If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be." --Thomas Jefferson to Charles Yancey, 1816. ME 14:384

Mac antSaior's picture
verified

Unless you are in the

Unless you are in the military, you are not U.S. Property. Don't feel bad about that sign. Where I used to work there was posted: use of terminal force authorized. With you there on the P.S.

mbthedragon's picture

I agree, but in reference to

I agree, but in reference to : P.S. -----------Tron sucks:-), we all know that, but why give him advertising space here?

mbthedragon's picture

Sad, sad, sad, regardless of

Sad, sad, sad, regardless of the circumstances. No justification for this!

Old Bill's picture

Tron and "veritas" are both

Tron and "veritas" are both cut from the same cloth. Neither was there, but both automatically ASSUME the police were in the wrong. Veritas, as a retired police officer, should know better. Officers do not have to wait until they are fired upon to take action; if they reasonably believe they or a third party is in real danger of being seriously injured or killed by a subject, they are authorized to use deadly force. Look it up in Title 17A if you don't berleive me. Veritas, you of all people should be ashamed of yourself for your oh-so-holier-than-thou post. You have proven, sir, that all your posts should be totally ignored. I shall endevour to do so.

veritas's picture
verified

Old Bill - You ever look into any "Deadly Force" Cases?

Of course not.

And you've never had to make the life and death decisions that I've had to, either.

I've been able to take guns away from people threatening me without shooting them; unlike certain officers who've blown folks away in wheel-chairs for pointing a knife at them.

Maine has one of the lowest violent crime rates the the U.S. - but police shootings here occur at the same rate - per capita - as they do throughout the entire U.S. So police shootings aren't so much a factor of the violence of Maine citizens, but rather of police training and culture.

northwoods's picture

Question for you Veritas.

Question for you Veritas. With no disrespect to you or any law enforcement officer. You write " but rather of police training and culture." and I assume that you are saying that because you feel Maine's police training is not as good as most states. Well here is my question to you how does Maine compare to other states (per capita) in incidents where officers lose their lives to a suspect. With that you can get any idea of which state has better training.

veritas's picture
verified

Northwoods - There you go Ass-uming...

Read what I wrote, not what you may want to read into it.

I nowhere implied that Maine's training was nowhere as good as any other State's. Though each State is responsible for the training of it's Law Enforcement Officers, and development of it's own training programs - the training of law enforcement procedure is fairly consistant through-out the United States. Why's that? The 'Art' of Police Science comes from many disciplines - and traditionally it tends to coalesce at the FBI Academy at Quantico, Virginia, and then spread to every Police Academy and Training Institute through-out the country. Add to that mixture accreditation organizations such as 'CALEA' (Commission on Accreditation for Law Enforcement Agencies, Inc., ) - professional organizations, i.e. "International Association of Chiefs of Police," and an entire industry of 'Contract Trainers' - and what happens? Methodology, procedure, and instruction become fairly standardized nationally.

Now Maine does have an excellent Criminal Justice Academy, including an 18 week basic program of 720 hours. This training is quite similar to that in other States, and I have no reason to believe it is in any way substandard.

But my point, which you obviously failed to understand, is that while 'Police Training and Methodology' might be consistant throughout the nation - citizen culture is not.

Police are not taught to be violent, but are taught to use deadly force. They are essentially taught this in the same manner across the country.

Yet people and cultures are very different across the country. Therein lies the dilemma which I discovered in a study I performed about twelve years ago. With information I received from the Attorney General's Office for a six year period - and information from the FBI's UCR (Uniform Crime Reports) I was able to analyze the relationship between "Police Shootings" and the degree of violent crime.

The FBI maintains an index of what is knows as 'Violent' Crimes. These include Murder, Forcible Rape, Robbery, and Aggravated Assault. This index is computed as a rate of number of occurances per 100,000 population; by doing it this way the index is equally weighted for large and small states alike.

Maine consistantly ranks as one of the safest states with the lowest violent crime rates. Our citizens simply commit little violent crime. In 2006, we scored 50th out of 50 states. We are always in the lowest 5%. Our citizens just aren't that violent compared to the rest of the country.

But when I ran the numbers for Police Shootings; I found an interesting relationship.

There was no corelation between violent crime and Police Shootings when comparing Maine with other states and the entire U.S.

There was a correlation when comparing population. So, in essence, this tells us that the violence - or lack thereof among the Maine citizenry had no impact - therefore, the relationship of police shootings had to lay within the constant of the 'Police' methodology nation-wide among the civilian population.

You could go on quite a bit more than that, I'm sure. But when one would think there should be less Police shootings in Maine because the citizens are significantly less prone to criminal violence than the average State - well, it just isn't so.

northwoods's picture

Veritas I re-read it

Veritas I did re-read your post and found if read with your intented message it is put in a different light. I apologize for assuming. You are correct that police shootings should be less because of our violent crime rate. I believe that shows the human factor in the logic of your study. My meaning is that the Maine citizen is a major factor that can not be calculated.

veritas's picture
verified

Apology accepted.

My law enforcement career was in a city south of Chicago of about 27,000 population; the year I retired we had 23 homicides - the entire state of Maine had 16. You get the picture.

It also was the home to a large 'State Hospital' - i.e. Asylum, with another not ten miles away. Back in the late 70's the mental health field went through a process of 'De-institutionalization" where most inmates were released, given SSI, and turned loose on the population, living in old hotels and boarding homes.

Remember the incident in South Portland where the mental case emerged from the house after a stand-off with police, waved a knife at them, and was blown away for his troubles?? Common occurance for us, but we kept our guns in our holsters and got them over to a mental health clinic. We had so much shidt going down that we learned quickly what worked, and it wasn't necessarily what was in the classroom; there've been times I've been shidtin' liddle brown berries as I've talked someone out of a gun pointed at me because I just had a hunch it was the right thing to do when I had every legal justification in the world to blow them away, though I didn't take what I believed were unneccessary chances. Once I responded to a call and saw a 'prowler with a gun,' to only find it was only a love-struck teenager with a realistic-looking water-pistol whom I could have easily blown away. I was lucky, I reckon. I did get the crap kicked out of me several times, and thrown through a plate glass window once before the cavalry arrived or citizens jumped in to assist; but just because the law says you're justified in shooting them doesn't mean it's always a good idea to do so.

The other thing I've found - and this is from experience on my own department - and may not apply here: - is that when police start dressing like commandos, they start thinking like commandos, and less like police.

4-Adam-16 out...

tron's picture

OldBill, you're a liar!

no where in any post by me, or veritas for that matter, so we state that the police were in the wrong. That is an outright lie, and you should be ashamed of yourself for spreading such garbage. I thought you right wing wackos were suppose to be truthful, or has that gone the way of Sarah Palin 'death squad?'

frnchmn's picture

Were either of you two there?

Were either of you two there? NO! so why do you AUTOMATICALLY assume there is going to be a "whitewash"? You two are pathetic. tron with your anti gun ownership you WANT to rely on the police yet you have such disdain for them. You should pray you never need their assistance since you don't trust them. If the AG's office releases information prematurely the press runs with it and if it turns out that it is erroneous, you can't take that back. When people read the papers they will believe its true and then the rumor mill starts. How do either of you sleep at night?

Peter Sirois's picture

Killing of Marine

I doubt very much that you were there, either. All the cops there have a vested interest in clearing the shooters. Take a look at the photos; they were dressed like paratroopers on an al-caida hunt. The only eye-witness that saw the incident says that the ex-marine took no aggressive action and he ought to know, he's a NRA instructor. Of course Ms whitewash Mills will probably not give any weight to that guy's testimony. In EVERY case in Maine where a civilian was shot by a cop, the cop has NEVER been found wrong by our AG's office. This is statistically impossible. The only one who has a full time rumor mill is our para-military police and the AG's office.

tron's picture

In about two or three months,

the AG's office will release a report exonerating all cops from any wrongdoing. By the time all emergency personal, lawyers, and everyone else involved will have the same story, and YOU will say 'there, that proves it!' This isn't a prediction, it is a fact. The truth may be there, but we will NEVER know. How do YOU sleep not knowing whether the cops 'protecting' you are trigger happy or not? It gives me pause.

tron's picture

There is never "an investigation", but merely a whitewash

That's one reason no information has yet to be disseminated, because they want to get their ducks all in a row. "It was not clear whether the officers were fired upon by the victim", give us a break. I've never been fired upon, but I bet I'd know it if it happened, and I bet these officers know also, but let's make sure we're all on the same page, so let's not release any information. Another sterling example of the necessity of have an impartial citizen review board to examine all murder by cop situation and decide if charges should be brought. This could very well be a distraught veteran who created a situation where deadly force had to be used, but unless someone reliable investigates, we'll never know.

northwoods's picture

Really

Tron, who is going to volunteer for the impartial citizen review board. People that feel they have been wronged by the police, that is who. Or did you think that the state should waste tax money. Plus so we get the best investigators lets hire people with an investigating background like ex-law enforcement. So lets hire ex cops to investigate stuff we already have investigated by some of the best investigators.

veritas's picture
verified

"By law, the attorney general's office in Maine investigates

when officers use lethal force."

Then they rubber-stamp it.

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