Family disputes police version of fatal shooting

Navajo Nation police officer involved in Monday's fatal shooting of a 25-year-old Shiprock man has been put on administrative leave pending an investigation into the shooting.

Acting Police Chief Ronnie Wauneka said Wednesday that this is routine in any case involving a shooting death by a police officer. The officer, whose name has not been released, will continue to be on paid leave until the FBI completes its investigation.

A state representative from New Mexico, however, said Wednesday that family members of the victim are not confident that the investigation will uncover the truth of what happened that morning and are asking for an unbiased investigation.

Police reported that the shooting of Arnold Dan Jr. occurred as he was driving his vehicle towards the officer after a chase that lasted more than 45 minutes and ended at Dan's house on Mesa Farm Road some nine miles north of Shiprock.

An FBI statement said that at some points during the chase, Dan was traveling more than 90 mph.

"The officer fired into the vehicle as it was approaching him, killing the driver and wounding one of the two passengers," the FBI said in a press release.

A passenger in the vehicle, identified by FBI officials as Kevin Kellywood, 17, was shot as well and was taken to the Northern Navajo Medical Center for treatment. A third passenger, whose name was not released, was not injured.

The three are accused of stealing alcohol from a Mustang station in Fruitland, N.M., just before midnight on Jan. 11.

The tribal police report states that Dan and his passengers refused to surrender when three police officers approached the car. Instead, they began yelling and threatening the officers, which led to the confrontation.

FBI reports indicate that only one of the three officers fired shots at the vehicle.

The FBI also said Dan had an outstanding warrant against him for aggravated assault with a deadly weapon and driving on a suspended license.

State Rep. Ray Begaye, D-Shiprock, said he met with family members of the victim who were present when the shooting occurred and their version differs greatly from the one released by the FBI.

"It appears that the officer was very angry and overreacted," Begaye said, adding that witnesses at the scene claim that Dan did not come at the officer and the shooting was unprovoked.

Dan and his buddies apparently had stolen a 30-pack of beer from the Mustang station and were chased by San Juan County sheriff's deputies until they reached the reservation line, when the tribal police took over.

According to family members, Begaye said, Dan drove up to his family residence followed by two tribal police units, one of which drove to the side of the Dan vehicle while the other went around it.

As the family witnesses tell it, "As soon as the first unit stopped, the officer got out and started firing, hitting the passenger in the right shoulder and Dan in the forehead," Begaye said.

None of the witnesses saw Dan make any attempt to run over the officer. Instead, his vehicle was at a full stop until the bullet hit him, when it accelerated - apparently by his body's reflex - and drove his vehicle into a wood shed.

The officer was never in any danger according to the family, Begaye said.

The third passenger, a juvenile from the neighborhood, was passed out in the back seat and has no memory of what happened, Begaye said.

Family members also claim that other officers at the scene dragged Kellywood and the juvenile out of the car and began beating them with a baton even though neither was putting up any kind of fight, he said.

Family members said Dan's body was kept in the vehicle for several hours after the other two were taken away and police taped off the area.

Dan's relatives also believe he may have still been alive at that point but died after being ignored by police.

"Family members asked police to look at Dan to see if he was still alive but police just told them he was dead," Begaye said.

Family members later claimed that when police put up the tape, Dan's body was slumped toward the passenger side but several hours later, they saw the body slumped in the opposite direction.

None of the witnesses to the shooting have been interviewed by either the FBI or the tribal police, Begaye said, which concerns family members since they feel that all the investigators will rely on is the version given by the police officers.

He said this incident is very similar to another officer-involved shooting that occurred in Sanostee, N.M., in August. In that case, the officer claimed he thought the people in the car had weapons.

Begaye said the family members of those shooting victims also thought the shooting was not justified and were critical of the investigation that exonerated the officer.

Begaye said he is working with Shiprock Chapter officials to get several resolutions drawn up for consideration by the chapter at its next meeting.

One resolution calls for the president's office to direct the Division of Public Safety to increase police training and to do better background checks to make sure that officers have no history of violence.

Another resolution would have the tribe's Department of Justice set up its own investigative office to handle officer-involved shootings and eliminate potential bias by investigators who are also law enforcement officials.

Another resolution would emphasize that shooting is the last resort and that police should use non-life threatening methods such as a Taser instead.