Criminal Media Release

The incident giving rise to the investigation and review occurred in the area of 13^th and Kansas streets in Wichita involving officers of the Wichita Police Department and a citizen, Curtis Weber, who subsequently died after the March 8th incident.

As required by protocol established by the Office of the District Attorney and under its authorization, a joint investigatory team consisting of the Kansas Bureau of Investigation and Wichita Police Department revealed the following facts:

Factual Summary

The Stop

              At approximately 1:58am on March 8th, 2004, two Wichita Police Officers were alerted that a white in color Cadillac vehicle was driving illegally with a license plate registered to another automobile. The officers, in a marked police vehicle, activated emergency lights, while advising 911 that they were stopping a vehicle at the location of the intersection of Kansas and 13^th Street.

Approaching the Vehicle

The first officer, referred to as Officer #1, approached the driver of the Cadillac, who was later identified as Cynthia Webber. He also observed a male passenger in the front seat, later identified as Curtis Webber: [black male, d/o/b 5/12/60 248lbs 6’].  Officer #1 requested Cynthia Webber’s driver’s license.  She advised she did not have a license. Officer #1 then requested the registration of the vehicle. The second officer, Officer #2, approached the passenger side of the Cadillac and observed Curtis Webber stuff something between his legs. He observed that Webber had his hands between his legs and that he used both hands to reach for the registration that was located in the glove box.   The officer believed that what he saw was a quantity of crack cocaine commonly referred to as an eight ball.  After the officer observed Webber reach for the glove box with both hands, he again observed Webber try to stuff something between his legs.  

Removing the Occupants

When Officer #2 made this observation, he told Officer #1 that the passenger was “stuffing something”. Officer #1 then directed Cynthia Webber to exit the Cadillac.  Officer #2 then directed Curtis Webber to exit the Cadillac. As Officer #2 reached to open the Cadillac door, passenger Curtis Webber suddenly flung the Cadillac door open, battering Officer#2 and throwing him to the ground.  At 1:59am an “officer in trouble” call was dispatched to 911. 

Weber Eludes Officers

After battering the officer, Curtis Webber jumped out of the Cadillac and began running to the north and east.  Both officers began chasing him. The immediate reaction of Officer #2 was to throw his plastic flashlight at Webber striking him in the back. This caused Webber to fall to the ground.  Officer #2 was able to momentarily grasp Curtis Webber, but was not able to keep hold of him. By this time Officer #1 caught up with Officer #2 however, Webber was back on his feet and off running.  In an effort to deter Webber as he ran north, Officer #1 sprayed, Oleoresin Capsicum or OC spray, in an arc over Webber’s head in an attempt to have Webber run into the chemical spray.  The OC spray appeared to have no effect on Webber as he turned and began running southwest back towards the Cadillac. Officers continue to verbally command Webber to “stop” and other commands to cease his action and cooperate with law enforcement. Officer #1 heard Webber tell the female driver to “start the car”. Officer #1 had now gotten closer to Curtis Webber and was able to grab a hold of him a second time and move him to the ground. Officer #2 by this time had caught up with them and both officers finally wrestled Webber to the ground. Webber pushes up with one officer lying on top of him, and continues to fight both officers. Officer #1 struck him with his flashlight in the shoulder area. 

Webber Resists Arrests

Only moments had passed and now, Curtis Webber was now face down on the ground partially on a grassy area and partially on the sidewalk.  Officer #2 hears and then observes Webber chewing on something and trying to get his hand up to his mouth. Webber is on his back.  Officer #2 tells #1 that Webber was “eating it” referring to what he believed was the crack cocaine he had seen earlier in the vehicle. Webber continued to muscle against the officers bringing his hands to his mouth to shove something inside. The officers continue to struggle with Webber and continued to wrestle with them. Webber is turned over on his back and Officer #2 lies across Webber’s lower back to hold him down. Officer #1 then reached down and again attempted to spray Curtis Webber with OC spray.  Curtis Webber turned his head, and because of the close proximity Officer #1 sprayed himself and Officer #2 with the OC Spray instead of Webber.  

Officer #1 stood up and announced to Webber that he was going to use his baton. He then delivered three baton strikes to Webbers’ legs.  As he was striking Webber’s legs, Officer #1 heard Officer #2 yell that Curtis Webber was going for his [Officer #2’s] gun.  Officer #1 then struck Curtis Webber in the back and on the head two to three times.  Officer #1 also inadvertently struck Officer #2 in the chest with the baton at least one time causing blunt force injury. The officers continue to give Webber verbal commands to stop resisting.     

 Curtis Webber continued to brawl, wrestle and attempt to get away from the officers. Realizing that the baton strikes were ineffective on Webber, Officer #1 discarded his baton.  Officer #1 then moved to the side of Curtis Webber and attempted to put his arms around Curtis Webber’s head. Curtis Webber turned over on to his back with Officer #2 straddling his torso and Webber again tried to get Officer #2 ‘s gun. Officer #2 yelled again that Webber was going for his gun. Webber punches Officer #2 in the face. The officers were able to get Webber turned back over on his stomach. 

Additional Officers Arrive

In response to the “officer in trouble call” at 1:59am, two additional officers of the Wichita Police Department, herein after referred to as Officer #3 and Officer #4, arrived to assist officers #1 and #2.  The time was approximately 2:00am.   

Officer #3 tried to get Webber’s arm free to place him handcuffs and in custody, but Webber did not comply.  Curtis Webber then reached back for Officer #3’s gun. Officer #3, to prevent his gun from being taken by Webber, delivered three strikes with his hand to Webber’s face and told Webber to bring his arm out from underneath him.

Curtis Webber continued to struggle against the officers and a 5th officer, herein after referred to as Officer #5, tried to hold on to Webber’s legs as he was kicking at the officers and Officer #5 was kicked in the face. The officers were then able to pull Webber’s arm out from underneath him and place him in handcuffs with his arms cuffed behind his back.

Officers at the scene made several verbal demands to Webber to spit out the drugs, but he did not comply. Officer #3 and Officer #4 then applied pressure point tactics to Mr. Webber’s neck in an attempt to get him to spit out the drugs believed to be in his mouth. The officers observed Webber spit a white powdery substance and Officer #3 was able to brush some of the white substance out of Webber’s mouth.           

To determine the extent of his injuries, officers rolled Webber first to his left side and then later to his right side. He continued to breathe and was observed coughing.  Emergency Medical Services were called at 2:03am. 

EMS Transports

When EMS arrived they observed Webber bleeding and requested that police officers remove his handcuffs so he could be transported to the hospital.  EMS was notified that Mr. Webber was believed to have ingested an unknown amount of drugs and had possible head injuries.  As Mr. Webber was being loaded in to the ambulance, he stopped breathing.  EMS workers performed Cardio Pulmonary Resuscitation on Mr. Webber as he was transported to Wesley Medical Center. Webber arrived at Wesley Medical Center at 2:21am. 

Crime Scene Investigation

Crime Scene Investigators from the Wichita Police Department arrive at the scene to photograph, diagram and preserve evidence. The area where the final altercation took place is examined. Investigators locate white residue that is collected and turned in for further evaluation. A toxicological examination positively confirms the presence of cocaine at the location where Curtis Webber’s face had been located. 

Witness Interviews

Cynthia Webber, the driver of the vehicle, was interviewed. She stated that on the day of the incident, Curtis Webber had been ingesting crack cocaine. She told officers that Webber was a cocaine user. She tells them he is very paranoid of the police and that is why he ran from them and she observed him run from the police before in Oklahoma.  In the days prior to the incident, he had contemplated and threatened suicide on more than one occasion. That night, she observed Mr. Webber run from the officers and wrestle with them as they were trying to handcuff him. She also observed the officers hitting him.

Webber’s History with Law Enforcement

At the time of the March 8^th incident, Webber was facing drug possession charges in District Court stemming from a February 2004 incident where he was in possession of a crack pipe and crack cocaine after a van was stopped in which he was the passenger. Webber had been observed with his hand between his legs. After removal from the van, police observed a crack pipe where he had been sitting. The female driver took the pipe and threw it from the van. She was removed and a quantity of crack cocaine was in her seat that Webber admitted belonged to him.  He was charged with possession of cocaine. None of the same officers were involved in this incident. 

Medical Records of Curtis Webber

Mr. Webber was resuscitated at Wesley Medical Center and moved to the Intensive Care Unit. In the diagnostic phase, he was treated for possible drug overdose and possible closed head injury. While Webber appeared with head injuries [laceration to the front of the head and two to the back of the head], after reviewing the results of a CT scan, the treating physicians confirmed that there were no internal head injuries. 

The medical records indicate the Principal Diagnosis of Webber’s was:  POISONING By CENTRAL NERVOUS SYSTEM STIMULANT.  Webber’s blood and urine were retrieved in the Emergency room upon his admission to the hospital and both tested positive for, cocaine and its metabolite bensoylecgonine, and indicated the presence of cocaethylene (combination of cocaine and alcohol). 

Webber continued to be treated in Intensive Care for the drug poisoning and its effects including renal failure, respiratory failure, cardiac arrest and other complications of the toxic stimulant.  Resuscitative efforts continued. Neurosurgical consultations were cancelled due to the fact that no head injury was involved in Webber’s condition.  

Webber was declared brain dead and removed from life support at 21:57 hours on March 9^th, 2004. [Discharge Summary, Wesley Medical Center]

Autopsy Results

The autopsy confirmed that Webber, age 43, was not in good physical condition at the time of this incident. He weighed 248 pounds at 6’.  

An examination of the body revealed that there were several areas of trauma to the head and neck, as well as the trunk and extremities. All of the documented areas were considered, in and of themselves, to be non-lethal blunt force injuries due to a struggle. These included:

·        Multiple abrasions and contusions to the head and neck

·        Lacerations of the scalp

·        Sub scapular hemorrhages [bruising below the scalp]

·        Soft tissue and intramuscular hemorrhage [bleeding] in the neck

·        Fracture of the right superior cornu [a part of the Thyroid Cartilage]

·        Abrasions and contusions of the right shoulder

·        Contusions of the back

·        Multiple abrasions and contusions of the extremities [arms and legs] 

The autopsy determined that Mr. Webber also suffered from acute cocaine intoxication.   

The coroner concluded that Mr. Webber’s death was primarily due to heart failure (complications of atherosclerotic cardiovascular disease). Specifically, at the time of autopsy, Webber was noted to have serious narrowing of the arteries that included the following findings: 

·        Narrowing of the right coronary ostium

·        Left Anterior descending artery, 70-80%

·        Right coronary artery, 90% occlusion

·        Obtuse marginal branch of left circumflex artery, 50% occlusion and,

·        Left ventricular hypertrophy 

The combination of events occurring on March 8^th beginning with Mr. Webber’s consumption of crack cocaine earlier in the day, running from the officer’s, fighting against the officer’s and the ingestion of crack cocaine all contributed to the stress upon Mr. Webber’s unhealthy heart and ultimately to his death. 

“Cocaine Triggers Heart Attacks Within One Hour ”

Numerous studies have linked heart failure with the use and consumption of cocaine even in small doses. The risk of overdose with Crack Cocaine is even greater because it metabolizes quickly.  The following article explains this medical issue:  

  DALLAS, June 1 1999

" During the first hour after using cocaine, the user's risk of heart attack increases nearly 24 times, according to the first large study of the long-suspected relationship between cocaine and heart disease. The research is reported in today's Circulation: Journal of the American Heart Association. "Cocaine significantly increases the risk of heart attack in individuals who are otherwise at low risk," says Murray A. Mittleman, M.D., Dr. P.H., of the Institute for Prevention of Cardiovascular Disease at Beth Israel Deaconess Medical Center in Boston, who headed the research project.

"The average age of people in the study who suffered heart attacks soon after using cocaine was only 44," Mittleman notes. "That's about 17 years younger than the average heart attack patient. Of the 38 cocaine users who had heart attacks, 29 had no prior symptoms of heart disease."

Research over the past decade has suggested a strong cause-and-effect relationship between cocaine use and heart attacks and strokes. But this is the first study to examine the direct and devastating short-term effects of cocaine on the heart.  

Researchers suggest several ways that cocaine may trigger a heart attack. Cocaine can cause a sudden rise in blood pressure, heart rate and contractions of the left ventricle (or pumping chamber) of the heart. These effects can increase the risk of a heart attack. Cocaine also tightly squeezes, or constricts, the coronary arteries that feed blood to the heart. If the artery constricts, blood flow to the heart and brain can be obstructed, causing a heart attack or stroke. 

The Law

In Kansas an arrest is made by an actual restraint of a person and the law allows all necessary and reasonable force to be used to affect an arrest.  

Curtis Webber was being arrested by Wichita Police Officers who had probable cause to stop the vehicle in which Webber was a passenger. Upon stopping the car, and approaching the occupants, the officers made observations to support the lawful stop. In the investigation of the automobile stop, Webber commits within their view, the crimes of battery against law enforcement officers, obstruction of justice and possession of an illegal substance.  

To effect the arrest, the officers applied various forms of force, including the use of Oleoresin Capsicum spray that caused no injury, the application of a plastic flashlight and a metal baton that caused non-lethal blunt trauma injury in the form of bruising, lacerations, and abrasions to the shoulder, back and head of Curtis Webber, the application of hand strikes to Webber’s face that caused non-lethal blunt trauma injury, and the application of pressure point tactics to Webber’s neck to remove lethal substances that may have caused the non-lethal fracture to the thyroid cartilage. 

Given that Curtis Webber continued to struggle, fight and refused to submit to the lawful commands of the officers  and the non-lethal force  applied by each, under the circumstances, such force reasonable and necessary to effect the arrest under Kansas law.  The officer’s are required to react reasonably taking into consideration all factors. In this instance even though Webber reached for the officer’s gun the officers never applied deadly force, but continued to utilize less than lethal force to bring Webber under control and under arrest. 

It is highly likely that the extent of the external injuries received by Mr. Webber were a result of his struggle with law enforcement officers, and with their attempt to remove the cocaine from his mouth when they applied pressure tactics to his throat. Hospital Records and the final autopsy report confirm that while Webber had contusions, abrasions, and lacerations, these were signs of a struggle as documented by law enforcement officers and by witnesses to the event. No actions by law enforcement officers contributed to the death of Mr. Webber. Immediate hospital examination and diagnosis of Mr. Webber confirmed that he had not suffered head injury and that the symptoms that were manifest on his admission were the result of ingestion of a toxic substance – Cocaine.  Webber’s subsequent failure to survive with corresponding secondary conditions very clearly associated his death with the body’s response to drug poisoning and cardiac arrest.  

The actions of Webber contributed to his death as a consequence of his physical condition, his ingestion of a quantity of cocaine and extreme overexertion by his decision to attempt to elude and come to blows with law enforcement.

 

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