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Shooting victim's girlfriend questions police account

Posted January 02, 2008 10:00 pm

Jayette Bolinski

The longtime girlfriend of James Wells, who was shot by authorities just after midnight New Year's Day, is disputing the Springfield Police Department's account of the incident, saying officers did not warn him to drop his gun before shooting him.

Wells, 39, on Wednesday remained in the Intensive Care Unit at St. John's Hospital, according to live-in girlfriend Jeannette Stapleton. An officer is posted outside his hospital room at all times; police said that's because Wells is under arrest and will be taken to jail upon being discharged.

Stapleton, who has been with Wells for 19 years, said he goes outside their home, in the 1200 block of South 16th Street, at midnight every New Year's Eve and fires celebratory shots into the air - a practice police say is both illegal and dangerous.

She said she didn't think much of it this year when seconds before midnight he emerged from his bedroom, where he had been all day, and took a 9mm pistol onto the steps outside the back door to fire rounds into the air.

"When he went out, (his gun) went Pow! Pow! Pow! And then I heard Pow! Pow! Pow! Pow! Pow! And then I heard him say, 'They shooting at me!' and I heard the back door opening. He said, 'They shot me! And, bam, he hit the floor," Stapleton recalled Wednesday.

"He crawled around the corner and laid in front of the refrigerator just bleeding.

He said, 'They shot me for nothing.' By that time, (the officers) charged through the back door with them long guns. I said, 'What are you all doing? Why are you all here? Where did you all come from?' And they just yelled, 'Shut up!'"

Police Wednesday said they could not comment on specifics of the incident because it is under investigation. The Illinois State Police is handling the probe at the request of the city police.

Several officers in the area at the time "heard a number of gunshots being fired," police said, and upon investigation found Wells armed with a handgun. They ordered him to drop it, and he refused to do so, pointing it at the officers, police said. One of them responded by firing at Wells.

Stapleton disputes that account, saying she was in the house and would have heard police yelling at Wells. She said she also believes Wells would have dropped his gun upon being ordered to do so.

"The police were saying he turned around and pointed it at the cops. I know he didn't. How could he have it pointed at them when he was pointing it in the air? He didn't have time to turn and point it at anyone," she said.

"All he had time to do was try to open the door and get in the house. And when he opened the door, they tore him up. If he hadn't have fell, he probably wouldn't be up there now, he'd probably be in the morgue."

Five children, ranging in age from 1 to 10, also were in the house at the time, as were Stapleton's adult son, adult daughter and the daughter's boyfriend.

Stapleton insisted Wells was not using drugs or alcohol that day or night, and said he often spends all day in his bedroom by himself, so that was not unusual to her.

Sangamon County Circuit Court records show Wells was arrested in 1994 and 2000 for driving under the influence, in 2000 for illegal transportation of alcohol and in 2001 for driving on a suspended license. Stapleton said he stopped drinking four years ago. He otherwise has no criminal record here, according to the records.

She added that Wells is a school custodian, and she is worried that now his job will be in jeopardy. She has been searching the Internet for attorneys who might be willing to help them see that a thorough investigation takes place. She also is trying to contact the local branch of the National Association for the Advancement of Colored People for assistance.

"When he gets better, they're taking him to jail. He should not be going to jail. It's not right," Stapleton said. "We gonna get us some money, and we gonna get us some justice. All I want is justice because they are lying. They shot James and did not identify themselves."

Jayette Bolinski can be reached at (217) 788-1530 or jayette.bolinski@sj-r.com.

One police officer fired the shots that hit James Wells, according to initial reports.

Based on the Springfield Police Department's general orders covering use-of-force situations, the officer, who has not been identified, should be on "restricted duty assignment," which is not the same as administrative leave. The officer cannot perform routine police work but does still have police powers.

The general orders indicate that in situations where an officer uses deadly force, the officer is taken away from the scene of the incident and his or her weapon is turned over to superiors to see if it has been fired, how many rounds were fired and to be protected for follow-up investigation.

The officer is interviewed about what happened and then offered an opportunity to talk to a clergyman in confidence. A psychologist or psychiatrist interviews the officer as soon as possible after the incident, and once they say the officer is clear to return to work, the officer is taken to the police firing range and put through the firearm qualification test again. If the officer passes, he or she can return to work.

The department always tries to get an outside agency to review such incidents, and the general orders are followed in every deadly-force incident, according to police department officials.

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