European Stars and Stripes (Newspaper) - July 10, 1994, Darmstadt, Hesse                                Page 4 the stars and stripes sunday july Mph 1994 from Page 1. Partner a military police customs investigator named Chi Charles d. Chester were ordered to Wear bulletproof vests. They were also Given a refresher briefing on the use of deadly Force. A a a. Deadly Force is a police term for shooting to kill. According to. Testimony army regulation 11 0-14 allows deadly Force for self Protection or the Protection of an innocent third party. Police May also use deadly Force to capture a fleeing suspect when they believe the suspect has committed aggravated assault or attempted murder. It is Tobe used As a last resort. Sgt. Robert Green an my dog handler was on routine patrol in his military truck shortly after Midnight at Vil seeks Rose Barracks when he saw a car fail to yield at an intersection. Green switched on his flashing lights to pull the vehicle Over but the car sped away. He radioed for backup help arid began the Chase. Another my car blocked the front Gate to Rose Barracks but the Driver went around it and continued toward the Small City of Amberg. Spec. William e. Brueck was driving his wife s 1987 Blue Volkswagen passant when he was clocked on Post at 86 Mph. A i guess i was driving extremely fast a Brueck testified in a pretrial hearing in May. In the testimony he admitted that he was intoxicated and that he was trying to avoid arrest because of a prior conviction for Drunken driving. He was trying to reach the autobahn on the other Side of am a Berg. In the Back seat was pfc. Matthew Pomeroy who had been drinking much of the night and said he was a a Sci passed  he had consumed nearly a Case of Beer plus other drinks. He said he did no to know Brueck and had just wanted a ride Back to the  military police pursued Brueck about 20 Miles through German villages and winding. Roads hitting speeds of More than 110 Mph before he reached an my Roadblock of two squad cars on the outskirts of Amberg Brueck made a a turn and doubled Back followed by the two squad cars. By this time maps had read Brucick a a License plate and identified the owner of the vehicle. Radio traffic also mistakenly said there were three passengers because police officers assumed Pomeroy  be in the Back scat i the front seat were empty. Hearing the radio traffic Brady and his partner Chester joined the Chase and were speeding toward Amberg they passed Green the dog handler who was driving the much slower military four wheel drive truck. The maps who had formed the Amberg Roadblock radioed that Brueck had made a a turn they requested a third Roadblock. Brady and Chester used their vehicle to form that third Roadblock As Brueck approached they Drew their weapons. Although expert witnesses said the exact sequence of events happening next can never be known the situation generally unfolded As follows Green reached Brady and Chester a Roadblock and hastily parked his truck at an Angle slightly in front of Brady and Chester scid car. By the time Green got into position the suspects car was 50 to 60 Yards away Green said. A it appeared to be going to the right of my vehicle a he said. Chester testified that he was standing to the right of greens truck a the suspect came right toward me a he Siirid a i pointed my weapon at him. He swerved to his right. I heard the engine accelerate.�?�. Brueck slowed to about 30 Mph As he approached the Roadblock. He said he never saw Chester or Brady. However when he swerved right Bradys lawyers said that Brucek scar was heading directly toward the Cid agent. Green saw Brady begin firing first at the engine compartment the ear pulled to the left narrowly missing Brady who  nonstop lowering  to the tires. A if he had extended his  out a Green said of Brady the car was so close it a probably would have knocked his gun out of his  Chester meanwhile had been circling on foot behind greens truck. When he heard Bradys shots he was Uncertain who was firing then. Chester squeezed off three shots at least two of which hit the left rear bumper of Bruecks vehicle. A when you have a speeding car coming at you hear shots fired you tend to become a Little bit Tunnel Visioned a Chester said. Brady continued firing the few remaining shots in his Magazine shooting out Bruecks Back window. One of his final bullets punctured the rear License plate went through the rear seat and lodged in Pomeroy a spine. A i  believe they were shooting at us a said Pomeroy who explained that he had ducked Down in the Back seat. Neither Brady nor Chester said he had seen Pomeroy. Brueck said he did no to Stop until Pomeroy said he had been hit. Of 16 shots fired 11 hit the Brueck car and the Bullet that came within a centimetre of paralysing Pomeroy was a traced to Bradys gun. The trial hinged on deadly Force. The question for the jury was whether Brady was really in fear of his life and whether he should have stopped shooting after the car had fled the Roadblock when his Cid vehicle 0. A a a with his Back window j shot out and Pomeroy j wounded Brueck halts 1/4mie Down the Road. 0 Chester fires three p shots. Two bullets hit 1 the left rear of the car o special agent Jeffery Brady pal. Charl Schester Robert Reents my truck spec. William Brueck 12 48 . March 6,1994 Brady opens fire with his 9 my pistol As Brueck Aims his car toward him. He continues firing As the car passes within 2 feet of him. After Brueck passes the Roadblock one of Bradys shots hits Pomeroy in the Back o Chester moves behind the my truck As Brueck passes through the Roadblock. Pfc. Matthew Pomeroy o special agent Jeffery j. Brady and Chi. Charles d. Chester set up a Roadblock. Sgt. Robert Green joins them in his my truck. Brueck attempts to go around the Roadblock to the left swerves right and zigzags Between the vehicles. Spec. William e. Brueck with passenger pfc. Matthew Pomeroy in the Back seat is pursued by two my cars. Source witness testimony and prosecution exhibit one own life was no longer in danger. A i would be of the opinion and belief that the car is a deadly weapon directed at me a testified chief warrant officer 5 Robert Burns an instructor at the , army military police school at fort Mcclellan Ala. Law enforcement officers in life or death situations sex Peri Cnoc a sensory distortion Quot and what Burns called a Tunnel vision Quot or focusing intently 011 the threat and How to Stop it. And a High stress situation a usually results in the Cap a on being emptied Quot Burns said. A in this particular Case deadly Force was authorized and appropriate a said chief warrant officer 3 Billy j. Hornsby of the army crime Laboratory at fort , a. A the vehicle was endangering not Only him but other people and the Driver was controlling the vehicle and needed to be stopped a said Hornsby a ballistics expert with 22 years in Law enforcement. Hornsby a witness for the prosecution surprised the court by saying that in his personal and expert opinion a the Only mistake agent Brady made is not shooting at the Driver from the  capt. Michael Flynn the prosecutor pointed out that regulations of the . Army in Europe prohibit military police from engaging in High Speed Pursuit. He also said that Brady either knew or should have known about the Back seat passenger and that Brady did not panic but rather kept a Cool head with the intent of using deadly Force before the car entered the Roadblock. The prosecution was also concerned by the fact that the shooting was investigated by Cid which does no to have a formal internal review office similar to most civilian police forces. Expert witnesses a All Cid agents a for both the prosecution and for the defense attorney capt. Dave a amps Susan Harns Bolgiano strongly defended Bradys actions. Only after vigorous questioning by Flynn would his witnesses give examples of Why Brady might have been wrong. A for instance Brucick a a Only suspected crimes were traffic violations and fleeing apprehension. Quot if the Only thing that the officer knew that there was a traffic situation then deadly Force would not be authorized a Burns said. And the presence or absence of an innocent passenger would also be a Factor. A a it a never a Given to use deadly Force Quot Burns said. But discussing a hypothetical situation such As Brady encountered Burns said rules on deadly Force would allow the agent to fire. Even after the Caf had passed by a this obligation is to make sure that threat does no to come into the community.�?�. Chief Warran officer 3 Ronald Simpson now of fort Bragg n.c., was the special agent in charge of Cid at Niernberg during the time of the shooting. Simpson who testified tuesday that he would a handpick Jeff Brady As my first sergeant in any assignment a was also the preliminary inquiry officer for the incident. Simpson said that on March 6, Brady told him that he aimed at the Driver As he fired at the Back of the vehicle. But these remarks did not appear in Bradys written sworn statement which Simpson and Brady prepared together and which Brady signed. The Issue of deadly Force and police enforcement was also divisive for jurors. Of 11 jurors called in the Case three were excused leaving eight jurors to hear the Case. One of the excused jurors had worked with the defense attorney before while the other two voiced Strong opinions about the Case