Firearms Lawyer

A discussion about the law and deadly force

Heroic Police Woman Stopped Massacre at Fort Hood

November 8th, 2009 at Sun, 8th, 2009 at 1:22 pm by markknapp

Sgt. Kimberly Denise Munley is a Killeen police officer who was close to Fort Hood on Thursday when she heard the police radio reporting the attack at the SRP. Sergeant Munley, 34,  is also member of Killeen’s SWAT team. Although the City of Killeen contracts to provide police services on the base, she was following a procedure that has now become the accepted approach for officers arriving at an “active shooter” crime scene before the SWAT team; i.e., a crime-scene where a gunman is at large, killing as many people as he can. Munley deployed active shooter protocol.

Sgt. Kimberly Denise Munley drove directly to the scene of the carnage and identified the active shooter within three minutes after Maj. Nidal Malik Hasan’s first shots were reported. Hasan was chasing a wounded soldier. She stepped up and engaged him because her training taught her that “if you act aggressively to take out a shooter you will have less fatalities.” 

Right here in Federal Way, our officers receive more aggressive firearms training than most officers received in the past.  Experience has shown that domestic terrorism and/or Islamic jihad attacks can erupt at any time and any place, including the Seattle-Tacoma area.

It often takes SWAT crews 30 minutes or more to arrive at a crime scene. In the past, active shooters continued killing victims while patrol officers, trained to wait for SWAT, stood by out of the line of fire. With an average time of one victim shot every fifteen seconds, first-responders like the patrol officer that stopped an active shooter in a North Carolina nursing home are critical.

As she headed towards the shooter, Hasan charged towards Munley firing and striking her more than once as she went into a crouched or kneeling position. Her partner may have struck Hasan with gunfire but that remains unclear at this time.

What is clear is that Munley shot at Major Hasan while he returned fire. She ran or walked rapidly toward him, continuing to fire; both she and Hasan went down, each with multiple bullet wounds.

The original 911 call came in at 1:23 p.m., and five minutes later Sergeant Munley had already shot the gunman. According to the New York Times:

Sergeant Munley began her career as a police officer in the beachside town of Wrightsville, N.C., after graduating from high school in nearby Wilmington. She quickly earned a reputation for fearlessness, despite her stature….

 Sergeant Munley was wounded in both thighs and her right wrist. Sergeant Munley has two children. She joined the police force in January 2008 after a career in the Army much of which she spent at Fort Hood. Her husband is Matthew Munley, a member of the Special Forces. Munley is an advanced firearms instructor for the civilian force that assists military police on the base. She developed a love of shooting and hunting when she was young.
The information herein is pieced together from articles in the Washington Post and New York Times.

There is little information so-far about Munley’s partner. At least one police officer was killed in the firefight. But Munley’s partner, Sgt. Mark Todd, apparently survived the shootout. Todd told CNN:

Todd, who had become separated from Munley, saw that she (Sgt. Munley) had been shot. Hasan was 15 yards from him, Todd told CNN, “standing there hiding behind a telephone pole waving his weapon, firing it at people.” Todd said Hasan saw him, calmly pointed and shot. Todd couldn’t see a weapon – only a muzzle flash –and fired back. Hasan, who by then had allegedly shot 100 rounds, fell.

This officer’s bravery amazes all of us. Nevertheless, most of us that are not police officers could have done what she did- if you and I have the right training and the equipment.

See Preparing for the Flood.

markknapp When some friends in Federal Way urged me to run for Position 1, the position presently held by Michael Morgan, I had to do some deep thinking. I was on law review at Gonzaga University School of Law and love to write. Having held the position of Associate Editor on Gonzaga Law Review is good training for writing appellate briefs (I have written a few) and is a good qualification. Law review experience hardly qualifies one for the volume of mostly routine matters that municipal court judges handle. There are also intense trials that deal with domestic violence, hearings that deal with 4th Amendment search and seizure law and even traffic tickets can involve important and technical legal issues. My experience representing defendants in traffic cases all over Western Washington brings me in to contact with many courts and a variety of legal issues. I have also handled felonies and misdemeanors involving guns, road rage and other high profile subject matter. When I am not writing about military history, my favorite activity is educating folks as to why personal self-defense may be just as critical to our safety as national security at the federal level. Like most political and philosophical issues, security starts at home. There is something about stripping issues down to the bare essentials that makes for clear thinking on almost any subject. Studying history, religion and law will convince any fair-minded observer of the human predicament that how we regulate the use of force is nearly the most basic and indispensable element that underlies legal systems and government. Every time an errant driver is stopped by a law enforcement officer there is a potential for presentation and/or abuse of deadly force. Many defendants would not appear for court but for the fact that failure to appear may result in being forcefully detained behind bars. The manner in which we constrain our government officials, protect ourselves from reckless drivers, discourage dishonest business dealings and stop predatory criminals- all involve force that is brought to bear by government and sometimes other parties. The most indispensable element, however, is reason- often harder to define but we know it when we see it. The ability to reason clearly is the indispensable quality for a judge. Reasoning ability underlies the manners, courtroom procedures, writing style and even the flow of paperwork with which the court must deal. Even the judge’s demeanor on the bench is created largely by the way in which he or she reasons! The call has gone out to change the culture of the Federal Way Municipal Court. The response needs to be credibility, integrity and transparency. These are all reasons that I am uniquely equipped to answer the call.

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