NPS Visitor and Resource Protection
The Morning Report

Tuesday, January 13, 2004


INCIDENTS


Indiana Dunes National Lakeshore (IN)
Follow-up on Armed Robbery

The last of three defendants in a robbery case previously reported in these pages was sentenced in federal court on January 9th. R.P. was sentenced to 87 months in prison and two years' probation upon release and ordered to pay $750 in restitution to the victim and a $100 court assessment. In October, 2002, F.C., who is blind and has glass eyes, was befriended by R.P. and J.H. They had just met F.C. and offered him a ride home. The trio spent some time riding around in J.H.'s van. F.C. bought J.H. and R.P. beer in return for the ride. R.P. helped F.C. buy the beer and saw that F.C. had a "roll of money." There was talk about purchasing and sharing drugs, with F.C. going so far as to buy syringes for that purpose. J.H. and R.P. took F.C. to the home of C.L., 26, of Michigan City, Indiana, supposedly to purchase drugs. Instead, J.H., R.P. and C.L. agreed to take F.C. to a "country road" and take his money. R.P. drove the group to the Mount Baldy parking lot in the park. J.H., C.L. and F.C. got out of the van, after which J.H. hit F.C. in the head from behind with a PR-24 baton. F.C. tried to get back into the van, but C.L. pulled him out and onto the ground. F.C. was struck several more times with the baton while trying to protect his money. Only after his left forearm was badly broken did F.C. give up his money, about $750. J.H., R.P. and C.L. fled from the scene, leaving F.C. bleeding and semi-conscious. Over the next two days, they spent the money on motel rooms, alcohol and marijuana. F.C. tried to get help by walking toward traffic sounds on nearby US Highway 12. Due to his injuries and because his cane was taken by the three men, he staggered into the woods bordering the parking lot, got tangled in vegetation, fell down and could not get up. After about an hour and a half, F.C. was found by rangers Steve Chorba and Gabe Bell, who heard him yelling for help. An investigation ensued which led to the arrest of the three men and their subsequent conviction. During R.P.'s sentencing hearing, his attorney argued for a sentence reduction because R.P. did not assault F.C. and did not take his money. The judge rejected the argument, ruling that R.P.'s involvement was crucial to the crime and that he was as culpable as J.H. and C.L. In previous sentencing hearings, J.H. received 100 months in prison and C.L. 84 months in prison, with the same probation and restitution as R.P.
[Submitted by Chief Rangers Office]



Wilson's Creek National Battlefield (MO)
Visitor Center Burglary

A burglary occurred at the park's visitor center around 4 a.m. on Sunday, January 11th. Rangers Robert Randall and John Sutton responded along with officers from the local sheriff's office and police department. Entry was made by breaking a large plate glass window near the front door with a brick. A display case was broken into and four pistols were taken; one was dropped outside the visitor center and recovered. Cash was also taken from the park's donation box, which was forcibly entered. When they arrived at the visitor center, rangers and officers thought that they heard an ATV nearby, but a search for the vehicle proved unavailing. The cost of the damage and value of lost artifacts have together been placed at $13,000. One of the pistols taken was a presentation revolver which belonged to Col. Elkanah Greer, who commanded a Confederate cavalry unit during the battle. An investigation is underway.
[Submitted by John Sutton, Chief Ranger]



Amistad National Recreation Area (TX)
Drug Seizure and Arrests

A Texas state trooper who made a routine stop for a minor traffic violation on Highway 90 near the park on January 8th ended up making significant drug smuggling arrests. The three men who were in the pickup truck, which was towing a bass boat, were extremely nervous during the stop. A consent search of the truck and boat followed, during which a drug dog alerted on the boat. The boat was searched, and officers found 515 pounds of processed marijuana concealed beneath its floor. The three men were arrested. Interviews led to the discovery that the boat had crossed into the U.S. on Lake Amistad and was retrieved at a remote boat ramp in the park. The case is under investigation; rangers are assisting.
[Submitted by Bruce Malloy, Chief Ranger]




OPERATIONAL NOTES


NPS Office at the Federal Law Enforcement Training Center
Supreme Court Rulings on LE Procedures

During the month of December, the Supreme Court ruled on two issues of consequence to law enforcement rangers and Park Police officers — the first on search warrant execution, the second on probable cause.

On December 2nd, the court ruled that a delay of 15 to 20 seconds preceding the execution of a search warrant seeking cocaine was reasonable under the Fourth Amendment and 18 USC ß 3109. The Ninth Circuit had established a list of "reasonableness" factors that could be used by officers executing warrants, but this list was rejected by the court in favor of a totality of circumstances test. In this case, the court agreed that it was reasonable for the officers to suspect that, if they continued to wait beyond 15 to 20 seconds, having received no answer, the evidence might well have been destroyed before they could enter and prevent its destruction. The lack of response by person whose property was to be searched gave the officers reasonable suspicion to believe that the destruction of the evidence might be imminent and justified their immediate exigent entry with force. (United States v. Banks, No. 02-473 December 2, 2003).

On December 15th, the court held that it was reasonable under the Fourth Amendment for an officer to arrest the three occupants of a vehicle in which the officer had found money and drugs. In this case, the court noted that the three men initially declined to admit ownership of the money and drugs, so it was reasonable to conclude that probable cause existed to believe that any or all of the occupants exercised control of the objects. The court rejected the conclusion of the Maryland Court of Appeals that probable cause existed only if the officer could point to specific facts or evidence of the guilt of Pringle, one of the vehicle's occupants. "We think it an entirely reasonable inference from these facts that any or all three of the occupants had knowledge of, and exercised dominion and control over, the cocaine. Thus a reasonable officer could conclude that there was probable cause to believe Pringle committed the crime of possession of cocaine, either solely or jointly." (United States v. Pringle, No. 02-809 December 15, 2003).




PARKS AND PEOPLE


Horseshoe Bend National Military Park (AL)
GS-11 Chief Ranger

The park is re-announcing this position to seek an expanded range of candidates. They are seeking an experienced ranger who is ready to take on an active program of visitor and resource protection, resource management, emergency services, and wildland/prescribed fire. This is a great opportunity to prepare for a medium sized chief ranger job. The position has been approved for secondary 6c coverage. He/she will supervise a GS-9 ranger (6c) and a seasonal bio-tech. The chief ranger is responsible for developing park policies, the park compendium, general agreements, needs assessments, PMIS requests, and other administrative duties. She/he also manages the natural resources program for the park, including wildland fire, IPM, invasive plant/animal control, NEPA, etc. If you are ready for a challenging leadership position with a wide range of duties, check out the announcement (SESO-04-37) at www.usajobs.opm.gov, or contact the park at 256-234-7111. The announcement closes on January 20. Applicants to the original announcement will be considered and are not required to reapply.
[Submitted by Mark Lewis, Superintendent]



Shenandoah National Park (VA)
Ken Johnson Retires

Criminal investigator Ken Johnson retired on January 2nd following 30 years with the National Park Service — the last 15 years at Shenandoah. Ken extends to his thanks "to all the good people who have helped my career and have been my friends over the years," adding that "whatever good I may have accomplished is owing to them." Ken retired to the farm in Luray that he owns with spouse and NPS employee Barb Stewart, where he intends to "complete my transition to country boy."



Richmond National Battlefield Park (VA)
Passing of Sylvester Putnam

Sylvester Putman, one of the first African-American superintendents with the National Park Service and one of the first tour guides at the Gateway Arch of the Jefferson Expansion National Memorial in St. Louis, died Jan. 7, 2004 of complications from diabetes at Christian Hospital Northeast in St. Louis County. He was 73 and lived in Jennings, Mo.

Mr. Putman was born in St. Louis and began his career with the National Park Service in 1961 as a tour guide in his hometown, giving tours of the Old Courthouse.

As the Gateway Arch was being built, Mr. Putman was one of the first Park Service tour guides as the monument. In 1965, he led reporters up the 1,076 steps to the top of the Arch.

Mr. Putman was transferred to Diamond, Mo., where he served as a park guide at the George Washington Carver National Monument Park. The National Park Service later reassigned him to the Fort Union Trading Post and the Theodore Roosevelt National Memorial Park, both in North Dakota.

In the 1970s, Mr. Putman served as superintendent at the Booker T. Washington, National Monument near Roanoke, Va., where he established a neighborhood cultural and educational center. He was the first African-American superintendent in the National Park Service's 10-state Mid Atlantic region and one of only three African-American superintendents in the entire National Park Service at the time. He was devoted to the National Park Service.

In 1976, Mr. Putman became the first African-American to serve as superintendent of the Richmond National Battlefield Park in Richmond, Va. In that role, he was in charge of restoring and opening the Maggie L. Walker National Historic Site when it became part of the National Park System in 1978. He retired in 1988.

He was buried Jan 13, 2004, at the Jefferson Barracks National Cemetery in St. Louis.

Among survivors are his wife of 51 years, Arlene Crusoe Putman of Jennings, a son and a daughter, a brother, five grandchildren, and 12 great-grand children




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Submission standards for the Morning Report can be found on the left side of the front page of InsideNPS. All reports should be submitted via email to Bill Halainen at Delaware Water Gap NRA, with a copy to your regional office and a copy to Dennis Burnett in Division of Law Enforcement and Emergency Services, WASO.

Prepared by the Division of Law Enforcement and Emergency Services, WASO, with the cooperation and support of Delaware Water Gap NRA.