Police cleared in deadly standoffThe district attorney said officers were justified when they shot Yvonne Gouseff.By MICHELE CANTY
In a report released Tuesday, the district attorney said no criminal or professional conduct charges would be filed against York City Police Officer Roger Nestor and Detective Anthony Fetrow — two officers involved in the shooting that killed Yvonne Gouseff on Sept. 4.
The report and law enforcement officials shed light on questions raised about Gouseff’s death by her family, including why officers entered the home and why they didn’t try some other way to subdue her. Local members of Gouseff’s family were not available for comment Wednesday. When reached at her Las Vegas home, Gouseff’s daughter, Jaclyn Ulmer, didn’t know the report was complete. “This is really big news to me. I’d rather not say anything,” she said.
Authorities have been investigating Gouseff’s death more than four months. She died after a Sept. 3 and 4 standoff that lasted more than 10 hours. Officers came to her home in the 2400 block of Broad Street after a deliveryman reported she answered the door holding a silver revolver. When she refused to come out after hours of negotiations, members of the York County Quick Response Team entered her home. Gouseff met the officers in the kitchen, where she approached them with a gun. They ordered her to put the gun down, but she kept coming. Nestor and Fetrow each fired once at Gouseff. One shot struck her in the chest, killing the 56 year old, according to York County Coroner’s Office.
Why go inside? In a situation like the Gouseff standoff, police have a legal obligation to take action, said retired New York City Police Sgt. Lou Savelli. A police officer for more than 20 years, Savelli spent several years as a SWAT team member. He now trains tactical officers. “They don’t have the luxury to just walk away,” Savelli said. “They are mandated to be there until the threat has been neutralized.”
Although she was home alone, an armed woman such as Gouseff still poses a threat to herself and her neighbors. Gouseff could’ve shot herself or fired at neighbors or police, Savelli said. It’s a risk police officers can’t afford to take, he said. In the hours before she was killed, a negotiator talked to Gouseff for two to three hours. At times, she told him she loved police. At other times, she said she would shoot any officers who came into her home, according to police reports. Then she stopped talking, police said. Officers threw a portable phone into a rear window, and yelled to Gouseff to answer. She didn’t. They fired several canisters of tear gas into the second and third floor of her home, police said. Gouseff didn’t come out, so authorities sent Quick Response Team members in.
Under standard procedures, the decision to send QRT members into a house is left up to the incident commander. In this case, it was West Manchester Township Police Chief Art Smith. Because of pending litigation involving the case, Smith would not comment.
Several factors can lead police to go inside a home during a standoff, but the decision is often forced after authorities have exhausted other means, said Newberry Township Police Chief David Duffy. “There comes a point when a decision has to be made. We can’t continue to wait outside. We can’t leave the person alone,” Duffy said, who works with the QRT. “We have to try to go in and bring them out safely.” However, the outcome isn’t always peaceful. “Having worked closely with the QRT team, I know their goal is to save lives,” Duffy said. “I don’t believe anyone wanted what took place (in the Gouseff case) to happen.”
Why use deadly force? In the days after her death, her family wondered why team members didn’t use a Taser — a device that delivers a non-lethal electric shock. When faced with lethal situations, police officers have to match force with force, said Savelli. “You’re not going to use a Taser when a gun’s involved or you’re going to be dead,” he said. Also, when someone threatens people or police officers or has barricaded him or herself inside a home, the situation calls for more force than a weapon such as a Taser, Savelli said. “I’ve used Tasers, and the reality is — sometimes they don’t work,” Savelli said. They are good weapons, but can be ineffective in life-threatening situations, he said. In the Gouseff standoff, authorities asked for a robot equipped with a Taser, but it wasn’t available. Duffy, who teaches police officers non-lethal force, tells his students the methods are effective, but may not apply when someone is trying to kill them. “If someone presents a lethal threat, the officer has be ready to handle that threat. That could mean using deadly force,” Duffy said.
During the confrontation with Gouseff, it was clear the officers were in danger of serious bodily injury or death, Rebert said. With a person with a gun approaching them, Nestor and Fetrow determined the use of deadly force was appropriate, the report said. “Time is of the essence in these situations, and split-second decisions must be made without the benefit of hindsight,” Rebert said. After Gouseff’s death, her family said the .357 Magnum she pointed at officers had been disabled and couldn’t fire. An investigation showed the gun was functional and fully loaded, the report stated. In weeks after the shooting, city police officers Nestor and Fetrow were placed on administrative duty and their department conducted an internal investigation. The two have since returned to regular duty, said York City Police Commissioner Mark Whitman. “This has been tough for the officers and their families, but they are holding up,” Whitman said. Even with the officers cleared of any charges, this is not a happy ending, the commissioner said. “There’s enough pain to go around in this situation,” Whitman said. Reach Michele Canty at 771-2028 or mcanty@ydr.com. |
