2003 HAMLIN STANDOFF

Samuel A. Farina Fairport Village Police Chief

NYAHN President & Former HRT Commander

Experience/Education• 28 years LE Experience

– 19 Years with Sheriff’s Office – Rochester

– 3 Years with Rochester Police Department

– 2 Years as Chief of Fairport Village, NY

• Negotiator since 2002

• MS Degree in CJ Admin from Niagara University

• MS Degree in Forensic Psychology from Walden University

• BS Degree in Criminology from Niagara University

• Contract with US State Department – ATA Program

NY Association of HN

• Founded in 2006

• Over 500 Members in NY/Canada

• Conduct 3 Training Conferences a Year– Rochester, NY May 24-26, 2017

– Niagara Falls, Canada November 14-16, 2017

– NYPD Annual Training – NYPD Police Academy

– www.NYAHN.net

Kansas Association HNDid You Know

• In Derby County, a law is in place that makes it illegal for any person to hit or punch a vending machine when it has stolen a person’s money.

• In Kansas, it is illegal to hunt whales, even though it is located in the middle of the country with no coastline in sight.

• It’s also illegal to shoot rabbits from motorboats

• And in Topeka it is illegal to sing the alphabet on the streets at night.

• The term "red light district" came from the Red Light Bordello in Dodge City, Kansas. The front door of the building was made of red glass and produced a red glow when lit at night.

US Policing Today

Objectives

• Provide a summary of the 2003 standoff Incident.

• Understand circumstances which prevented a tactical

entry by the SWAT Team.

• Provide Negotiation Strategies and Critique to allow

students’ insight on a long-standing Hostage

Situation in NY.

Objective Statement

At the conclusion of this presentation you will understand why the Hostage

Recovery Team was crucial in the peaceful resolution of this critical

incident.

Bad Day????

Rochester, New York

Rochester, New York

Rochester, New York

Sports Teams

Hamlin, New York

Rochester, New York• 3rd Largest city in NY• Population – 210,000 people• Monroe County – 750,000 people

– Western portion of county – Hamlin– Agricultural with population of about 9,000 – Median income $49,987– Median house, condo value is $89,100– Caucasian 96%, Hispanic 2%, African American 1%– HS Degree 88%, Bachelors 15%– Unemployment 5%– Democratic Party 58%, Republican 40%

Sheriff’s Office Hostage Recovery Team

8 Members (collateral duty)

Team CommanderAssistant Commander6 Negotiators

East Coast Model – Separate from SWAT

Parallel Approach/Symbiotic Relationship

Train 40 hours per year in-service & annual joint exercise with SWAT

Firefighter Initiative

Incident Location (911 call)

HAMLIN, NEW YORK

Target

Location

Command Post

1520 Church Road, Hamlin

Initial Response• 12-10-03

1906 hrs Original 911 Call 911 CenterHi, my neighbors are over here and they say their husband is after her. Umm. I think he is an abusive person. I really don’t know him that well but maybe you can talk to her. HelloHello, what is your name?Kelly. Kelly, what is your last name?Bower. Ok, What address do you need officers to?(mumbled and not intelligible)Kelly, Calm down and slow down. OK, What address do you need an officer to?(mumbled – what is the address here) Hello, do you want to go to my husband’s house or here? Are you next door?Yes. Does anyone have any weapons?

I don’t know (does anyone have any weapons – to the neighbor). No. No. Kelly, not…Yes they do. No. No. not the….Kelly…calm down, ok? Ok. Not them, your husband. Does he have any weapons?Yes he does. What kind of weapons does he have?A shotgun, one or two. Ok, what is his name?Harry. What is his last name?Bower.Bower?Yes, Bower. Is his first name Harry?Yes. What is he wearing?Um, black sweatpants and white tank top.

Alright, is he white, black or Hispanic?White. Long black hair. How tall is he, how much does he weigh?5’7”, 140 -160 pounds. 160?YesOk, I’ll get someone out there. Why don’t you just wait at the house you are at, Ok?I’m out on 1480 Church Road. My husband’s house is at 1520. Ok, you are at 1480?Yes. Ok, My husband is at 1520. Alright, just stay at your neighbor’s house, ok? Ok.

Initial Response• 12-10-03

1906 hrs Original 911 Call

– Domestic M/F fighting & the male has a shotgun.

– Patrols arrive and meet with wife, who fled after a domestic situation with the suspect, leaving her children ages 4 & 6 behind.

Initial Response

• 12-10-03

– Wife reports that her husband is armed with a shotgun and threatening suicide.

– Patrols contacted suspect by phone. Suspect stated that he didn’t want the police in his house and threatened have the dogs attack. He further indicated there would be problems if the police entered.

Harry Bower, Jr

Intelligence

– Recently threatened suicide and placed a shotgun in his mouth. (never reported to police)

– Despondent over criminal investigation where he is the suspect involving his wife and a prostitute in a three way sexual act.

Intelligence

– Potential for explosives, knowledge of explosives. Prior arrests.

– Extensive criminal history that included Rape, Sodomy, Assault,, Criminal Contempt, CPW, and CPW with explosive or silencer

– Survivalist

Intelligence

• Wife characterized Harry as:– Overly jealous, possessive, abusive

– Militia ideology (right wing)

– Alcoholic

– Had been drinking for 2 days straight

– High on Marihuana

– Valium and Vicodin in home

– Verbally abusive toward children/physical abuse toward Wife

– Unreported Domestic Violence in Past

Intelligence

– Extreme Weather Conditions (Rain/Cold/Winds)

– Just above freezing (30’s – 40’s)

– Weather predicted to get progressively worse

Cane Corso

Incident DetailTIMELINE

Thursday - December 11, 2003

0053-0059 HRT established initial contact

0117 SWAT disables suspect van

Incident Time Line

• 0059 to 0800 hours

– Connect and dis-connect with Primary.

– Wanted to speak to attorney

– Wanted to speak with wife

– Wanted to speak with mother

– On phone with Bower only 10 to 15 minutes at a time.

– Was obstinate, demanding and irritated but not threatening or confrontational.

The Negotiator

Incident DetailTIMELINE

Thursday - December 11, 2003

0801 Time Warner notified to turn off cable

(Suspect watching news footage)

0801-0915 Suspect becomes increasingly confrontational. Demeanor Change, threat of booby traps, aware of tactics

Incident DetailTIMELINE

• 1034 SWAT team trying to lure kids outside

• 1056 Bower’s Attorney arrives at CP

• 1154 Cut power to the residence

• 1130-1210 Phone Line was no longer controlled – system error. Family members calling into the Bower residence.

Incident DetailTIMELINE

Thursday - December 11, 2003

1155 Loud music introduced by suspect while on the phone.

Actively indicating suicidal thoughts/threats

Official request for RPD SWAT assistance

Incident DetailTIMELINE

Thursday - December 11, 2003

1156 HDS (BOMB Squad) arrives on scene

1301 Bower indicated “he is ready to die” and “put a bullet in his head”

1306 Suspect gives 10 minute deadline -He would start shooting unless wife is put on the phone (Deadline passes without incident)

1310 12 members of RPD SWAT inroute

Incident DetailTIMELINE

Thursday - December 11, 2003

1341 Suspect states he is not coming out alive - “he is ready for combat”

1355 Suspect discharges weapon from behind cover inside out the back door (Discharges 1 round)

(Sniper debates taking shot through wall)

>Location of children

Incident DetailTIMELINE

Thursday - December 11, 2003

1400 Suspect threatens a sniper rifle and has a “bead” on a sniper’s head

HRT liaison reported that suspect stated that he was watching a SWAT member who moved and described location.

Command checked with team, Member noted that he did move. Relocated his position.

Incident DetailTIMELINE

Thursday - December 11, 2003

1400-1412 “I’m not coming out alive”

“I’m ready to go to WAR”

“I have a scoped weapon and a sniper in my sights”

Suspect performs countdown (significance-based on HRT training)

Incident DetailTIMELINE

Thursday - December 11, 2003

1412 Suspect fires multiple shots (5 rounds)Direction-Rear of location.(Sniper observation - suspect not exposed)

1414 Threat of 50 Caliber(SWAT Command - reminder Article 35)

1415 Suspect stated that he was not coming out without someone dying.

1420 Bower indicates that he has C-4 and “kids are in a safety zone.” Threatens to kill himself or have police do it.

Incident Time Line

• 1420 to 1730

– No communication

– Thought that he may be sleeping

– Deployed bullhorn and Armored Truck

Bad to Worse

Incident DetailTIMELINE

Thursday - December 11, 2003

1800 Uses kids as a shield in the window(numerous times)

1852 Subject demands the electricity be turned back on

1902 Suspect discharges 1 round from behind children , Roll Calls/Safety checks continue

1907 Subject claims he is bleeding

Should Negotiators Advocate for…

Incident DetailTIMELINE

• 1945 Sheriff orders team commander to use wife as TPI.

• 2004 Wife speaks to Subject after being briefed on what to say.

He hangs up on her.

Incident DetailTIMELINE

• 2010 Shots fired by Bower at the Exterior Lights pointed at subject’s house.

• 2014 Subject demands to talk to his mother now.

• 2021 Subject stated he was coming out of the house shooting – “ready to kill”

Incident DetailTIMELINE

• 2029 Subjects threatens to blow up house. (no contact in the interim –

use armored car siren & flash bangs)

• 2253 Calls 911 and threatens to come out shooting.

• 2300 HRT, SWAT Commander and IC sent home.

Poor Training or Incompetence

Incident DetailTIMELINE

Friday - December 12, 2003

0044-0109 HRT begins to negotiate the surrender of the children

0130 Wife speaks to husband, agreement made to release children

0150 Children released to SWAT

0210 Bower surrenders

“What can I say? I made some bad decisions and I’m sorry about that.”

Miscellaneous

• Miranda Challenge

• Prison – Official Misconduct Case

• Relationship with Wife & Children

• Investigator & Arrest Warrant

• Bower’s Debrief with Negotiator

• New Legislation

• Willingness to approve Sniper Activity

• Importance of Negotiator Rapport Building

Bower’s Words

• “I had been drinking heavily I guess for a couple of days, listening to CDs and dwelling in my own misery, when my wife against my wishes summoned my mother to our house.”

• “my wife said something to my mom that upset me. I started to get up as I was angry.”

• My wife proceeded to run out of the house…This really pissed me off as I already had enough problems to deal with…”

Bower’s Words

• “Shortly after my mom left, the cops showed up. Now I felt depressed, pissed and betrayed (my wife called the cops on me). I needed to find a way to escape from the pain that I was feeling inside.”

• “I would compare it to being trapped on top of a burning building where you have only two choices, stay and burn or jump and spare yourself the flames. I decided that it would be better to jump and end my suffering once and for all. I then made a conscious decision to end my life.”

Bower’s Words

• “The police were pressuring me to come out of the house and I took immediate steps to prevent them from entering. Knowing their general protocol and tactics helped me to easily accomplish this.”

• “I was not holding my kids hostage or at gunpoint like so many of these assholes have said (they even have me on tape saying I was not going to harm my kids). I simply was not in my right mind and was doing what I thought at the time would keep my children safest. I now held the police at bay through utilizing several tactics of my own.”

Bower’s Words

• “One of which was a ruse used to make them believe that I had 4 incendiary devices on the perimeter. Since they knew that I had knowledge of chemicals and explosives it worked well. They wouldn't be going near any doors or windows for awhile.”

• “I continued to finish a half gallon of wine I had cracked open shortly after the cops arrived, how am I going to do this? If I was going to shoot myself I couldn't be sure that my kids wouldn't discover me…”

Bower’s Words

• “I looked for pills and found some. However, I didn't feel that I had enough. Still, I figured it might help me in my quest if I took some, (help remove any self doubt or fear) so I did down a couple of small handfuls of Valium and Vicodin(sic).”

• “After awhile I decided that the surest way was to allow the SWAT team's snipers to use their finely honed skills along with a .308 rd., to put me at peace…”

Bower’s Words

• “I needed to put them in a position where they had to go for a kill shot. So I walked out the back of the house which was surrounded by two sets of fence (one 4 ft. one 6 ft.) and still had Corsos within. Also, I stood with the sliding glass door open wide enough so that my body just one step outside, blocked the opening keeping my other 8 Corsos behind me (yeah I had 8 of them inside with me).”

Bower’s Words

• “if the cops were to only injure me they would have problems subduing me due to the fence and dogs. Now I needed to give them cause. So knowing that they were hiding in and around my property, I figured if I aimed the weapon (only a riot gun as all other weapons were stored elsewhere) in their general direction it would give them reason to fire.”

Bower’s Words

• “I did this twice, slowly swinging the gun from left to right, then back right to left. No dice. OK, I'll fire the weapon. 5 shots out back. The 5th shot unbeknownst to me barely missed striking officers.”

Bower’s Words

• “Still no dice. Here I am, supposedly dangerous enough for the police to call in a military type strike on me, (a siege they called it) concussion grenades, submachine guns, robots, 2 SWAT teams, hostage negotiators, bomb squad, and armored vehicles.”

• “Yet I give them a perfect opportunity to neutralize the threat they perceive and they ignore it. Why? I'll tell you why. They either knew I wasn't a threat to anyone but myself, (in which case why the military strike?) or they wanted to keep me alive to make me suffer.”

Bower’s Words

• “OK, I pick up the empty shells so my dogs won't get at them and retreat back inside. What now? I had to think. I then woke up after passing out for I don't know how long to an array of lights and sirens.”

• “I picked up the phone immediately telling police to turn that shit off (I was disoriented and didn't know that it was actually an armored vehicle behind the blinds of my front window). I fired when the lights and sirens refused to cease.”

Bower’s Words

• “I hit the windshield in front of the driver and he immediately backed away. It was now Dec 12th and the effects of the alcohol and drugs began to subside and my aspirations of suicide diminished. So I let my kids and dogs out of the house and surrendered."

June 2004

Hamlin Town Hearing

• June 7, 2004

• Special Use Permit

• Wanted to Harbor 25 dogs

Released Information

• DIN 04R3292 • Inmate Name BOWER II, HARRY J Sex MALE Date of Birth 09/25/1967 • Custody Status RELEASED Housing / Releasing Facility AUBURN

• 08/04/2004 Date Received (Current) 08/04/2004 Latest Release Date / Type 09/18/09 PAROLE - COND REL TO PAROLE

• Crimes of Conviction: ATT AGGRAVATED ASSAULT/PO

• Aggregate Maximum Sentence 0006 Years, 00 Months, 00 Days Parole Hearing Date 02/2009 Parole Hearing Type RELEASE CONDITIONS Conditional Release Date 09/19/2009

• Maximum Expiration Date 02/25/2010 Post Release Supervision Maximum Expiration Date 09/18/2012

THANK YOU

An Actual Negotiation

www.NYAHN.net

Chief Sam Farina

Village of Fairport Police Department

#(585) 260-1220

sfarina@fairportpd.com