Investigation finds police officer justified in Kelton Trice shooting

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By Dustin Lemmon | Tuesday, July 15, 2008 |

Police investigate the April 16 shooting at 10th Avenue and 17th Street in East Moline, where an East Moline police officer was shot and an armed robbery suspect was killed. (Jeff Cook/QUAD-CITY TIMES) Buy this Photo

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When East Moline police Sgt. Tom Peterson and Kelton Trice pointed their guns at each other in an alley April 16, they weren’t strangers.

Trice pleaded with the officer, whom he knew as a liaison in middle school, saying, “No, Peterson, no.”

Trice began to lower his gun and Peterson reached for his stun gun, according to an account that Rock Island County State’s Attorney Jeff Terronez provided during an 80-minute news conference Tuesday. At that point, the officer felt two shots hit his bulletproof vest. He then returned five shots, striking Trice four times. The men were standing about 15 feet apart.

Trice died a short time later at Genesis Medical Center, Illini Campus, Silvis, Ill., where Peterson also was kept for observation after suffering a bullet wound to the chest. Peterson has not been cleared medically and has not returned to duty.

Terronez said he will not pursue charges in the shooting, basing his decision on Peterson’s account, along with reports by other officers and eyewitnesses, including those with no connection to either the Trice family or police.

“I’ve concluded that Sgt. Tom Peterson was justified in his use of force against Kelton Trice,” Terronez said.

Terronez said that even if Trice had not fired at Peterson, the sergeant had the authority to shoot as soon as Trice pointed a gun at him.

Immediately after the shooting, Trice’s grandmother, Maggie Trice, came out of their nearby home in the 1000 block of 17th Street and was hysterical, Terronez said. Peterson told her, “He shot me first,” and then helped three other officers deal with a growing crowd that witnesses estimated at 50 to 100 people. At one point, Terronez said, Peterson and another officer pointed their weapons at the crowd to keep them back.

Trice had been handcuffed and was bleeding on the ground while the officers tried to control the crowd.

East Moline Police Chief Victor Moreno said ambulances could not come in until the scene was secure. Moreno also confirmed that Trice and Peterson knew each other when Trice was a student at Glenview Middle School in East Moline and Peterson was a liaison officer there.

The shooting occurred after Peterson and three others, Sgt. Luke Blaser and officers Doug Averill and Matt Drobney, set up a perimeter in the neighborhood where Trice’s grandmother resides. They planned to close in and arrest Trice on an armed robbery warrant.

Averill and Drobney spotted Trice walking with Jody Byrd not far from Satellite Park at 8th Avenue and 17th Street about 5 p.m. Drobney went to arrest Trice, who pulled away and ran, Terronez said.

While fleeing, Trice looked back and fired one shot, but Drobney could not get a clear shot and did not return fire. He was not injured.

Averill pursued Trice on foot while Drobney searched the area with his squad car. Peterson moved to Trice’s house and, a short time later, saw Trice run in front of him and noticed him carrying a gun, Terronez said, adding that the sergeant gave chase on foot.

As Drobney pulled up in his squad car, he saw a puff of smoke from Trice’s gun and then saw Peterson return fire, Terronez said.

A silver gun was found at the scene and was identified as Trice’s weapon. One of the bullets that struck Peterson was linked to that gun, while three of the four bullets that hit Trice were linked to Peterson’s gun, Terronez said. The fourth exited Trice’s body and could not be found.

The shot that went through Trice struck several of his internal organs, including his heart, Terronez said, adding that it was the injury to the heart that killed him.

Peterson’s gun held 16 rounds, and 11 were still in the weapon when it was checked. Trice’s gun held eight rounds and five were still in the gun when it was recovered, Terronez said. The other officers had all of their rounds still in their guns.

Terronez said the officers’ accounts were supported by those of 10 witnesses. He said almost 100 people were interviewed, but only a few gave accounts that went beyond rumor and having heard shots fired.

Two key witnesses were a man and woman walking down the street with two children. They saw two officers try to arrest Trice and then heard a shot fired as Trice ran away. They continued walking and, a short time later, saw Peterson and Trice pointing their guns at each other in the alley, Terronez said.

They heard Peterson tell Trice to drop his gun and then hurried to get away with the children before hearing one shot, then three more shots, Terronez said.

Two more witnesses saw Trice extend his arm, but they could not say for certain whether he had a gun. Another witness saw him holding something shiny, while another saw Trice raise his arm right before shots were fired.

Terronez also discredited several other witnesses who gave vastly different accounts of what happened based on reports from others and the evidence.

Those accounts included a woman who claimed she saw five officers surround Trice and shoot. Two other witnesses said the woman was with them in the nearby park when the shooting occurred, Terronez said.

Another witness said she saw two officers shoot at Trice at the park and asked them why they were shooting when Trice did not have a gun, Terronez said, adding that she also claimed to see an unmarked black squad car at Trice’s residence that was not in service that day.

Investigators also interviewed a man who told representatives of the news media that he witnessed the shooting but then told investigators none of what he had said was true, Terronez said.

Joe Williams, 20, who identified himself as Trice’s cousin, told the media he was wrestling with Trice in a park near Trice’s grandmother’s house when police arrived. The two ran, and he claimed to witness a police officer shooting Trice, who Williams said was unarmed.

Terronez said investigators tried to interview Williams, but he refused to talk to them.

Witness accounts of the Kelton Trice shooting

Witnesses are identified by the letters that accompanied their names on a witness list from Rock Island County State’s Attorney Jeff Terronez:

PA saw two officers approach Kelton Trice and Jody Byrd then saw Trice run. He said Trice turned and fired one shot, but he did not see the gun. He saw the officer duck.

PB saw Peterson chasing Trice and saw Trice extend his hand. He heard shots but couldn’t see a gun and confirmed that no one else was in the area.

PC and PD were walking with two children and heard one shot. When they reached the alley by Trice’s grandmother’s, PC heard Peterson tell Trice to drop his gun and saw Trice point a gun at Peterson. He then heard one shot, followed by three more. PD saw Trice and Peterson point their guns at each other and said they were separated by about 15 feet. She heard a shot, then several more. When she turned back around, Trice was on the ground.

PE did not see the shooting in the alley but heard shots fired after seeing Trice running with officers in pursuit.

PF was in his house and heard one shot, followed by four more.

PG heard someone yell “get down” four times then heard four shots in rapid succession. He saw Trice fall and saw the officer kick something on the ground next to Trice. When he got closer, he saw it was a gun the officer kicked.

PH heard a single shot, then saw Trice running between streets and heard an officer ask, “Are you OK?” He then heard someone say “get on the ground, get your hands up” before hearing four shots.

PI saw Trice holding something shiny and heard shots fired.

PJ saw Trice raise his arm, heard a gunshot and saw an officer duck. A short time later, he heard six to seven shots fired.

Source: Rock Island County State’s Attorney Jeff Terronez

Dustin Lemmon can be contacted at (563) 383-2493 or dlemmon@qctimes.com.