Deputies fire on armed man

Deputies fire on armed man

October 4, 2001

by Aspen C. Emmett
Journal Staff Writer

One man is in the hospital recovering from multiple gunshot wounds, and three Montezuma County Sheriff’s deputies are on administrative leave following a late-night police standoff that ended in gunfire Tuesday.

Richard McCabe, a newcomer to the area from Douglas County, was gunned down by officers when he allegedly pointed a handgun at them, according to Montezuma County Sheriff Joey Chavez.

McCabe, who was reportedly under the influence of alcohol at the time, was transported by ambulance to Southwest Memorial Hospital where he underwent surgery Wednesday for gunshot wounds to the chest and legs. He was listed in stable condition as of Wednesday afternoon, according to a hospital spokesperson.

Deputies responding to a disturbance call for shots fired at 12298 County Road 22 just before 10 p.m. Tuesday evening encountered McCabe standing in a field southeast of the residence.

"The officers were telling him to drop the handgun and they continued to talk to him — just telling him to drop the handgun," Chavez said. "This went on probably for a few minutes. According to my officers, he lowered the handgun and then raised it back up like he was going to fire at my officers, and that’s when they fired on him."

It is unknown whether McCabe fired any shots in the standoff, Chavez said, but no one else was injured.

The Colorado Bureau of Investigation has taken over the case even though it is in the MCSO’s jurisdiction.

"It’s my policy that every time we have an officer-involved shooting such as this, I bring in a neutral law-enforcement agency that has nothing to do with it," Chavez explained. "We just step aside and they take over the investigation so nothing ever comes back on my office. We want to make sure that this is done fairly and people don’t think we’re being prejudiced because it would be our office investigating it."

Chavez said that although there are several aspects of the incident still under investigation, he is confident that his officers acted professionally and appropriately.

"From what I know about the case and being out there, as far as I’m concerned, it’s 100 percent justified," Chavez said.

Details of what transpired before deputies arrived on scene are sketchy, with little motive being offered for McCabe’s actions. McCabe’s brother, Dennis McCabe, was named as being involved in the incident but was released from custody Wednesday. The brothers, both in their thirties, were reported to have been living at the residence for approximately two to three weeks, Chavez said, but they are not the property owners.

"I have not talked to the CBI yet to find out exactly what the disturbance was about — whether it was amongst themselves (the McCabe brothers) or the people in the house."

Chavez said the property owners were the ones who phoned 911, and Dennis McCabe was not at the scene when authorities arrived.

"When we rolled up on the scene, we did not know where Dennis McCabe was," Chavez said. "After Richard had been taken into custody and we were waiting for the ambulance, Dennis McCabe came up the driveway. At that time myself and Sgt. (Mike) Marston took him into custody."

Dennis McCabe was reportedly taken into protective custody for his high level of intoxication and does not face any charges stemming from the incident at this time.

Charges against Richard McCabe are still pending the completion of the CBI’s investigation.

"He (Richard McCabe) has not been interviewed by the CBI yet because of his condition, but that is something that will take place here soon."

Chavez said he did not know who owns the handgun that was in Richard McCabe’s possession, or whether it had been fired prior to deputies arriving on scene.

"There’s still a lot being looked at right now," Chavez said.

Neither brother has a criminal history in Montezuma County, according to court records. Chavez added that he did not believe the two had any relatives in the area.