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Man in standoff died from police gunfire, investigation finds

Posted to: Crime News Portsmouth

PORTSMOUTH

Police were bringing a negotiator’s phone to a mentally troubled man during a standoff at his Churchland home when the man shot and wounded two officers, and then apparently died in the return volley of police gunfire, Chief Edward G. Hargis said Friday.

The chief said he was “comfortable” that officers acted appropriately based on the preliminary investigation into Thursday’s shooting death of Marshall Franklin Sr., 60, of Campbell Street. Meanwhile, members of Franklin’s family and neighbors complained that police didn’t give them a chance to talk Franklin into surrendering.

Officer Francisco J. Natal, 42, an 18-year veteran of the department, remained in the intensive-care unit of Sentara Norfolk General Hospital with shotgun wounds to an arm, Hargis said Friday. Officer Scott Blystone, 30 and a 5½-year veteran, was treated Thursday for a leg wound and released.

Hargis said that at 12:32 p.m. Thursday, police were asked to accompany a worker from the city’s Department of Behavioral Healthcare Services seeking to evaluate Franklin at his home in the Ebony Heights neighborhood. Police began a program last year to train officers to deal with issues of mental health, and one of the first officers responding was so trained, Hargis said.

A neighbor, Fred Jones, said Franklin was grilling outside, which he often did.

Franklin, armed with a knife or other sharp object, didn’t comply with the worker or police and ran back into his house, grabbing on the way what police believed to be another knife off a picnic table. The visitors retreated, cordoned off the area, evacuated nearby homes and called for negotiators and other help.

About 2:45 p.m., a line of tactical-response officers approached the back of the house and dropped a phone through a window for negotiators to use. Officer Blystone, holding a shield designed to stop rifle fire, protected the rear of the line of officers as they retreated.

About 2:48 p.m., Hargis said, Franklin fired multiple shotgun blasts at the officers, downing Blystone with a leg wound. Officer Natal, the next man in line, grabbed Blystone, but rounds hit him in the arm. Four officers fired back with rifles and handguns.

The wounded Natal pulled Blystone to safety behind a backyard shed, where other officers provided first aid to both and evacuated them. Police heard nothing more from inside the house, so they called Virginia State Police, Norfolk police and the FBI for technical help, including the use of a remote-controlled robot and an armored vehicle.

The robot’s camera showed Franklin lying motionless on the kitchen floor. Police used an armored car and a stun grenade to try to get a response and, 5½ hours after it began, ended the standoff by rushing the house. Franklin was dead.

A state medical examiner’s office spokeswoman, Donna Price, said Friday that Franklin died from two rifle wounds to the chest.

Inside, police found three shotguns, a pellet gun, several shotgun shells and .22-caliber bullets. Nine shotgun shells were in Franklin’s pants pockets, and a knife was found on the floor, Hargis said.

“Everyone had the intention to resolve this incident peacefully. Unfortunately, it didn’t go that route,” Hargis said.

He said negotiators interviewed family members as they prepared to talk with Franklin and wanted first to make the area safe. Family and neighbors weren’t convinced Friday, as they picked through debris in the house and cleaned blood off the floor. Window blinds were shredded. The refrigerator was riddled with holes, said Eartha Mills, a neighbor.

They asked why family members weren’t called before police.

“My brother was shot down like an animal,” said Juanita Ebron, one of Franklin’s sisters. “We didn’t get a chance to try and get him out.”

She said her brother was one of 10 children who grew up in the same single-story home where he died and that he developed problems while serving two tours of duty in the Vietnam War.

Mills said Franklin painted portraits of family members, gardened, and sang along on the porch to 1960s rhythm and blues artists.

“He was no one to fear – never,” Mills said.

 Matthew Bowers, (757) 222-3893, matthew.bowers@pilotonline.com

Jen McCaffery, (757) 446-2627,jen.mccaffery@pilotonline.com

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elipsoid

Crimediver wrote, "I find elipsoid's commends beyond ignorant and in my opinion he is a dunderhead".

He IS entertaining, though!

one question

What gave them the right to go into his house? It wasn't a 911 call. It wasn't a report that there was a criminal incident and they were trying to enforce justice.

I work in Portsmouth and know these officers well. So, trust, I am not "police-hating". These two officers, in fact, are two very fair officers. This isn't about them. This is about the policy/procedure enabling them to force themselves into a private citizen's house without any hint of any criminal activity.

Don't look for conspiracies

There is no reason to claim that hole in the shield was not made by a shotgun, it could have been made by a shotgun slug from a distance, or even with birdshot if it was fired from a few inches away.

I know a little bit about

I know a little bit about this kind of thing since I have been a cop since 1980, serving as a local, state and federal officer. I have been stabbed and shot. I am a police firearms instructor. I have been saved by body armor before. I find elipsoid's commends beyond ignorant and in my opinion he is a dunderhead.

Get a clue

I was going to stay out of this one. Ellipsiod obviously lacks common sense or is way out of touch with reality. Someone is shooting at you with a gun and according to you; you would respond with tear gas. You must be made of steel and wear an S on your chest. You may want to re-read the article before you comment.

Ellipsoid

The comments of Ellipsoid are ridiculous, inaccurate, and offensive. This person uses big words to indicate he knows something about ballsitics. Did he consider that shotguns shoot slugs AND other pellets? Is he saying the police shot this shield to cover up their actions? He indicates the police could have used other methods, which they would have if the criminal didn't shoot and wound the two officers first. And then he tops it off by saying cops are supposed to protect and serve even if it costs their lives. Does this idiot know that these heros have kids and mothers and fathers? They were out there risking their lives for almost nothing. They did their job and did it well. Get a clue Ellip!

"A little bit of knowledge is a dangerous thing."

nivio: The 21 foot rule, deals specifically with a "charging suspect"; look it up. No where has it been reported that the suspect was "charging".

Great Job PPD, But Just Wondering

...when people will take responsibility for themselves. Instead of blaming a person's actions on a "mental illness", let's dissect the situation at hand. Franklin's 1st psychotic episode wasn't 2-26-2009. He wasn't victim to psychiatric malpractice or medication imbalance. He decided freely and of his own sane mind to purposely cease his meds which controlled himself. Much like a recovering drunk knows the sauce turns him violent, Franklin knew not taking his pills would make him violent. Had Mr. Franklin injured or killed a person or persons other than officers, many of the bloggers would be singing a different tune. Had the 2 officers been Joshua Hagerman, for example, the 5yo killed by his -mentally ill and voluntarily off his meds- father, Joseph Hagerman, citizens wouldn't be calling for answers. And family members would not be displacing their own guilt for not doing anything when they knew Mr. Franklin stopped taking his meds and blaming the officers. Officers do not have to take bullets. It is not a job requirement.

Just remember that, while

Just remember that, while drooling over that buck a year that you might save by closing state mental institutions in favor of 'community care' that might or might not magically and pricelessly appear. The cost is putting Police Officers and others in such unmanagible situations and the loss of life that results.

If you could restrain your drool for a moment you might find it worthwhile to re-invest that buck in maintaining institutions to care for such individuals--and save the lives and treasure of innocent citizens and public servants who would otherwise be called on to do such thankless and futile work. Did you hear me Governor Kaine?

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