MP in no danger when he fired at shoplifting
suspect, court told
by Stefan Alford
Staff writer
European Stars and Stripes

Tuesday, November 18th, 1997
AUGSBURG, Germany - A military policeman charged with shooting and killing a civilian shoplifting suspect in Augsburg on July 1 was in no immediate danger at the time he fired, two witnesses said Monday.
The testimony from two Army privates who were passers-by at the time came during an Article 32 hearing for Pfc. Samuel McCall. The hearing will determine whether McCall will face a court-martial in the shooting death of 43-year-old Kenneth Wiggins in the Augsburg post exchange parking lot.
In addition, Army investigators testified that McCall, 20, initially lied about how his gun discharged. Those were the two key points in the first day of the investigative pre-trial hearing at the Augsburg Law Center. McCall, a member of the 793rd Military Police Battalion, is charged with involuntary manslaughter in the death of Wiggins, an employee of the Armed Forces Recreation Center at Chiemsee.
The prosecuting attorneys want the hearing investigating officer, Maj. David Savold, to increase the charge to voluntary manslaughter because they think testimony showed McCall drew his 9 mm handgun in a situation that may not have required the use of deadly force.
McCall was at the exchange with an off-duty military policeman, Spec. Marion Murray, when Wiggins walked out the front door wearing a leather jacket that was zipped up to the neck and that appeared bulky, as if he was carrying something under it, Murray testified. He pointed out Wiggins to McCall, and both men followed Wiggins to a side parking area.
As they rounded the corner of the store, Murray said, they heard a door slamming.
They then saw Wiggins - without the jacket - walk past them toward the exchange. As the two MPs looked inside the green Mercedes-Benz 280 SEL, the only car in the lot, Wiggins approached and asked what the problem was. After some questioning, in which Wiggins initially said he had no key to the trunk, he produced a key he had apparently hidden in the front of his pants, Murray said. By this time, Murray had moved away as Sgt. Robert Swanson, the on-duty shift supervisor, arrived.
When Swanson coaxed Wiggins into opening the trunk of the car, the sergeant testified, he found several cartons of cigarettes and the jacket, and instructed McCall to detain Wiggins until he could contact the desk sergeant by telephone from the exchange.
A short time after Swanson left, Wiggins took the keys from the trunk lock, dashed to the driver's side door and attempted to get in the car, Murray testified. McCall ran to the Mercedes and struggled for control of the door. Wiggins Managed to get the door shut and locked, said Murray, who was standing about 30 feet away.
That's when McCall placed himself in front of the vehicle and yelled at Wiggins to step out of the car, Murray said.
At that point, Murray said, he saw McCall pull his weapon from its holster. As Murray ran to get Swanson, Wiggins started the car, and Murray said he heard McCall "chamber" a bullet.
As Murray left, two soldiers - Pfc. Kara Debacher and Pfc. Michael Dick - walked by on the sidewalk and saw the commotion. both testified that McCall was standing in front of the car with his hands on the car's hood, yelling at the driver to stop and get out.
The car lurched forward and McCall leaped out of the way but was possibly brushed by the car, Debacher and Dick testified. Seeing the car coming their way, both said they moved back several steps, taking their eyes off McCall for a few seconds. That was when they heard the shot. Looking in the direction of the gunfire, Debacher said, she saw McCall behind and to the right of the vehicle, gun in hand, arms extended in a firing position.
When Savold asked Debacher whether she thought McCall had been in danger of being hit by the car, she replied, "No, sir, he was on the side of the car."
Other witnesses questioned statements made by McCall after the shooting.
In his initial statement to investigators, McCall said his gun fired after it struck the car window as the car was being driven away, said Special Agent Jeffrey Wallace, with the Criminal Investigation Command (CID) in Stuttgart. However, a polygraph exam administered to McCall the following day indicated he may not have been telling the truth, according to testimony by Randy Ferguson, a CID polygraph technician.
In the interview with Ferguson, McCall admitted the gun did not discharge from hitting the window; however, he maintained the gun fired accidentally.
Several other witnesses testified about the training that McCall received on the use of his weapon or other deadly force in certain situations.
He would have to believe his life was in danger or someone else's life was in danger to use deadly force," testified Staff Sgt. James Dixon, who was one of McCall's supervisors with the 536th Military Police Company. Dixon said that MPs are trained not to draw their weapon unless they intend to use it.
Dixon said McCall had been with his MP unit seven months at the time of the shooting and had only four weeks of patrol experience.
Wallace also testified that he believed it was not necessary for McCall to use his weapon. "The danger to McCall had passed when he was clear of the vehicle. He had the car's license plate number and could positively ID the suspect later," he said.
During Monday's testimony, Wiggins 26-year-old son, Derrel, was the only family member present at the hearing.

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