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"Mr. Morgan was the initial aggressor in the encounter, Mr. Morgan threatened the use of deadly force against the officer, and Officer Cook acted in the reasonable belief that deadly force was necessary to defend himself from Mr. Morgan's actions," Mittelhauser wrote in a statement.
Mittelhauser said the conclusion was easy to reach and was "not a close call."
Police Chief John DeGonia said Cook was reinstated to full duty. He had been on paid administrative leave during the Highway Patrol's investigation. Cook will return to patrol during his regularly scheduled shift on Saturday.
DeGonia said the department has an "outstanding training program" that is recognized by the police community, and Cook acted well within the police policies and training.
The Highway Patrol took written witness statements during its investigation, and compiled a 3-inch thick report.
"The only thing we investigate on is the shooting itself," said Sgt. Scott Meyer, a spokesman for the Highway Patrol. "We present the facts of the case to the prosecuting attorney."
Meyer said it is up to the prosecutor to file charges, call for a grand jury or coroner's inquest, or find no wrongdoing. "We don't make any conclusions," he said. "We investigate it, and report it; nothing but the facts."
Sgt. H.A. Fowler, who investigated the incident, classified it as an attempted assault on a police officer in his report. In his summary, David Morgan is listed as the suspect and Cook the victim. Fowler was unavailable for comment Thursday.
According to the Highway Patrol report, police were called by a relative of Morgan's girlfriend, Angeline Jackson. Jackson and Morgan had argued, and she told him to leave and threatened to call police. Morgan went outside and cut the telephone lines. Several witnesses said Morgan was drunk.
Jackson told Fowler that she locked the door when Morgan went outside. She went onto the porch and stood by the doorway when Cook arrived, the patrol report stated.
Morgan was sitting in a chair on the porch. Jackson warned Cook that Morgan had a knife. With his gun drawn, Cook ordered Morgan several times to put down the knife.
The patrol report stated that Morgan cursed at Cook and said, " 'What are you going to do if I don't drop the knife?' Officer Cook said he told him, 'I'm going to shoot you!' Officer Cook said Morgan replied, 'F--- you, shoot me, I'm going to die anyways.' "
Cook said in his statement to Fowler that he thought he might be able to subdue Morgan and tried to get his pepper spray from his belt. Morgan stood up from the chair and "took an aggressive stance on the edge of the porch," according to the report.
"Officer Cook said he believed an attack was imminent, so he abandoned attempts to pull the (pepper spray) from its holder," Fowler wrote.
The officer told Morgan several times to drop the knife. Morgan yelled "F--- you," then lunged at Cook, according to the report. The officer fired a single shot to Morgan's lower chest, then holstered his gun and began cardiopulmonary resuscitation on Morgan.
Statements from Jackson, and her son, Andrew Jackson, 23, supported what Cook told authorities.
"He should have done what the officer said and dropped the knife," Angeline told investigators.
DeGonia said Cook saw an Kansas City psychologist specializing in police shootings, who cleared the officer to return to work.
The Pettis County chapter of the National Association for the Advancement of Colored People declined to comment on the investigation until it can review a complete report, said President Rhonda Chalfant. She said members were getting a report.

Police officer justified in shooting
Report: Man threatened cop with knife
By Sarah Nail - Sedalia Democrat
July 26, 2007 - 11:35AM

A Sedalia police officer was justified in fatally shooting a man, Pettis County Prosecuting Attorney Jeff Mittelhauser said Thursday.
The Missouri State Highway Patrol investigated the June 30 encounter between Patrolman John Cook and David Morgan, 59.
Cook had been called to Mr. Morgan's girlfriend's home, 720 N. Lamine Ave., where the intoxicated man lunged at him with a steak knife, which had a 4.5-inch serrated blade, according to reports.

Missouri State Highway Patrol photo
The knife that David Morgan was wielding when he was shot by Sedalia police officer John Cook on June 30 is shown in this investigation photo. The knife was 9 inches overall with a 4.5-inch blade.


July 31, 2007

Editor
Sedalia Democrat
700 S Massachusetts Ave
Sedalia, MO 65301

Good Morning,

I am writing in response to the Democrat's handling of the news coverage of the recent officer involved shooting.  I must say I'm very disappointed in the way the Democrat handled the entire series.  First their effort to print a web story just an hour and half after the shooting when they only had preliminary information from Mr. Nagy whose vantage point was obscured and absolutely no facts was certainly less than professional journalism and more like what one would expect from a grocery store tabloid than a respected newspaper.  Secondly allowing their company website to be used by any idiot with a computer and a modem to post nonsensical theories and sometimes libelous statements does the community no good at all.  Quite frankly it is reminiscent of websites such as the one Don Waldrep used to keep that they so regularly chastised in print. 

I've read these articles and the numerous Internet postings filled with laughable what ifs or if it would have been me I would have… for far too long.  Things like he should have shot him in the shoulder, ankle, leg or other extremity of your choice.  Or don't forget he should have tased him or pepper sprayed him.  The only good thing the Democrat has done in all this is to print the MSHP report in its entirety, but then they turn around and fuel the fire on conspiracies or wrong doing once more with their opinion section. 

Folks the report is out, the highway patrol has concluded its investigation, the prosecutor has called the shooting justified and the Sedalia Police Chief has reinstated the officer.  LET IT GO!  While my condolences go out to the family of David Morgan because I know like any human being he was loved by his family and friends lets not forget the real issue at hand.  Mr. Morgan was a convicted felon, arrested for 19 felonies according to the patrol's report, a person who had stabbed people before and who died in the commission of yet another violent felony.  He came at an armed police officer in an aggressive manner with a deadly weapon. Officer Cook was justified in shooting Morgan and this was Cook's only choice.  There was no taser for him to use and he couldn't get to his pepper spray in time; quite frankly Oleoresin Capsicum (pepper spray) effects are not always instantaneous and don't always work.  Had the officer holstered the gun and grabbed the spray he most likely would have been stabbed by Morgan and it would be Cook's family mourning not Mr. Morgan's.  The local FOP  website lists the names of 16 officers killed within 30 miles of Sedalia (view it at http://www.midmofop.org/fallenheros.html ), don't fool yourself it CAN happen here as well.  Officer Cook has a right to live.  Mr. Morgan attempted to take Officer Cook's life.  He brought a knife to a gunfight and he died.  Could Cook have shot him in the leg arm or shoulder?  If you have ever been in a critical incident like this you would know that the human body has defense mechanisms that kick in and you begin to loose your fine motor skills.  Aiming at a shoulder, leg or ankle takes time and there was no time. 

A person when confronted with someone trying to take their life responds instinctively.  For a police officer that instinct is honed from hours of training on the range.  It's on the range where officers, not just SPD but all agencies including the patrol and the FBI, train to shoot center mass and that is what Cook did.  Police officers don't train to shoot at extremities because they train to shoot only as a last resort to stop a deadly encounter.  Aiming at a shoulder or other extremity doesn't guarantee to stop a life-threatening event.  Aiming center mass usually does.  As a matter of fact with the latest surge in felons wearing ballistic vests like during the infamous 1997 Bank of America robbery and the ensuing gun battle with the LAPD the police are now using drills on the range learning to shoot two in the chest and one in the head.  Aiming at an extremity increases the chance of missing and hitting an innocent bystander.  It was suggested that the officer could have backed up or ran away; have you ever tried to run backwards and defend yourself from a forward moving attack?  It cannot be done!  Cook would have died. As to turning and running all that would have done would have got Cook stabbed in the back or perhaps Morgan would have stabbed the women he was threatening moments earlier before Officer Cook came to her rescue.  The police are under no obligation to retreat moreover they have an absolute obligation to defend the citizenry.  Cook did the right thing!  Cook did the only thing he could do under the circumstances!  As to the frailty of Mr. Morgan; well he wasn't too frail to pick up a knife and threaten a policeman with it was he?

As to the Democrat's suggestion that the SPD review its execution, tactics or deployment of its use of force policies and while the Democrat was quick to point out the age of the policy in question that doesn't mean it was never reviewed; it wasn't changed because it's a correct policy.  This policy in question; like all other policies of the Sedalia Police Department are reviewed on a regular basis and that includes the policies' implementation or execution in the field.  Rest assured if the same situation happens tomorrow in New York City or in another 31 years here in Sedalia; if another violent felon tries to kill another dedicated police officer in identical circumstances the result will be the same.  Police Officers are people too, police officers have a right to live and a right to defend themselves from attack. 

Those who complained he should have waited for more officers; well perhaps taxes should be raised to fork over the money to hire more cops so the city can have two man patrol cars.  Had he waited though the headlines surely would have read COP WAITS ON STREET CORNER FOR BACK UP WHILE KNIFE WEILDING ASSAILANT KILLS WOMAN!  Had there been two officers the only difference would have been two officers would have shot him instead of one. 

If bashing the police were a sport the Democrat would be taking home the trophy for their tabloid style reporting coupled with their unedited Internet postings.  The bottom line is Mr. Morgan had 19 felony arrests; among those arrests were drug sales, violent assaults and resisting arrests.  Well I guess Mr. Morgan has resisted his last arrest.  While I truly am sorry for his family and they are in my prayers I am thankful the Lord saw fit to allow Officer Cook to go home to his. 



Sincerely;



Marc Moore
President
Mid-Missouri Regional 
Fraternal Order of Police Lodge #16, Inc.. 

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