Shooting Review �Board

Presented by:

Lieutenant Jon Kadner

Case #: 2024-00820

Date: 2/23/2024

Time: 1559 hrs

Location: 77 Wexford Lane

Deputy: Sgt. Jacob Tri

Suspect: Michael Hanson

Sgt. Jacob Tri

Subjects Involved

Michael Hanson

Pamela Polejewski

Mike Hanson

Pam Polejewski

$750.00 Warrant (Contempt)

Original charge:

Dog at Large (x2) and Nuisance Dog (x2)

​

Officer Safety Alert:

Thinks all LE is corrupt and does not like LE

Out on Bond from 2020 Cruelty to Animals Investigation

​

Officer Safety Alert:

Confrontational with LE

​

Trespassed From:

48 Wexford Ln

Vaughn Fire Station

Sun Prairie Fire Station

• In 1996 the Cascade County Sheriff’s Office began investigating Pam Polejewski and over two decades our Office has completed 51 animal related investigations.
• In 2005, the Sheriff’s Office conducted a large-scale Animal Cruelty investigation with the removal of over 150 animals, to include dogs and horses.
• During this investigation Mike stated over his “dead body” that the dogs would be adopted out.
• Pamela was arrested and charged with: Assault on a Peace Officer; Resisting Arrest; and Obstructing a Peace Officer
• In 2020, the Sheriff’s Office conduct a large-scale Animal Cruelty investigation which led to the removal of 172 animals of all types.
• Pam was released on bond, and she was ordered by the court not to possess animals of any kind.

​

Historical Information

2020 Animal Cruelty Investigation

• On 2/23/24, Sgt. Harris called Sgt. Tri to inform him while he was shopping, off duty, he observed Pam purchasing cat food at Walmart.
• Based on this information, Sgt. Tri responded to Walmart and verified this information obtaining a receipt and video footage.

​

​

New Information

• While Sgt. Tri obtained a search warrant for the residence 77 Wexford Ln., Det. Smith performed surveillance on the residence.
• Det. Smith observed a black Ford F-150 parked near the NE corner of the gate. Det. Smith observed Pamela load a bag, appearing to be a bag of cat food purchased from Walmart, along with containers appearing to be cat litter, into the bed of the black Ford pickup.
• Det. Smith also observed at least one cat on the property.
• The above information was relayed to Sgt. Tri, who also obtained a search warrant for the black Ford pickup.
• During this time, Pamela left the residence in the black Ford pickup. Det. Smith, at the request of Sgt. Tri, followed the pickup ultimately ending in the parking lot of Smith’s.

​

Case Investigation

• Sgt. Tri arrived to the Smith’s parking lot, followed by Cpl. Lindland.
• Sgt. Tri attempted to locate Pamela in Smith’s, to advise her of the impound of her pickup, but was unsuccessful.
• Pamela later admitted to fleeing from the parking lot to elude Deputies
• Sgt. Tri contacted Pamela by telephone and learned Mike was on the property.
• Det. Smith remained with the pickup, while it was transported to the impound facility.

​

Case Investigation

• Sgt. Tri departed Smith’s and traveled to 77 Wexford Ln., arriving at 1646 hours.
• Sgt. Tri utilized the Audio Recording feature of his office issued cellular phone, as body worn camera use was not required by plain clothes detectives.
• At 1651 hours, Sgt. Tri notified dispatch a male was approaching him, and he was going to make contact.
• Sgt. Tri made contact with Mike at the residence and informed him there was a search warrant for the property. Sgt. Tri requested Mike to exit the property.

Initial Contact

Initial Contact

Area where initial contact occurred

Sergeant Tri’s Vehicle location when contact occurred

• Approx. 10 seconds into the recording, Sgt. Tri states, “How goes it Mike?”
• Sgt. Tri advises Mike there is a search warrant for the property, and the paper copy was with his partner.
• Mike inquires why a search warrant is needed.
• Mike makes a statement about “chasing real criminals”.
• Mike stated Pam “hasn’t done a damn thing”.
• Sgt. Tri asked what Pam was doing at the property, and Mike stated she was “bringing food and water for the animals”.
• Mike told Sgt. Tri to “get your damn warrant”. To which Sgt. Tri advises him there was already a warrant.
• Mike seemingly begins to walk away as Sgt. Tri instructed him to “get back here”.

​

Initial Contact

• Mike is advised he needs to step off the property, or he could be charged with “Obstructing”.
• Mike can then be heard saying “alright”.
• Sgt. Tri asks Mike, “What do you got there?”
• Approximately 1 minute and 34 seconds into the recording, a gun shot is heard followed by Mike saying, “fucking asshole”.
• Approximately 7 additional rounds can be heard exchanged between Mike and Sgt. Tri.

​

Initial Contact

Initial Contact

The location of Mike following the incident

Location of Sgt. Tri’s Equipment

One casing was located on the outside of the fence. Sgt. Tri’s magazine and an additional casing was located on the inside of the fence.

CASING

MAGAZINE & CASING

• Sgt. Tri began his contact with Mike on the opposite side of the fence. However, when Mike began to walk away, ignoring Sgt. Tri’s request, Sgt. Tri scaled the fence.

Initial Contact

MAGAZINE & CASING

• During the encounter, Sgt. Tri moved toward the triangle section of fence pictured below:

Gate

Casing

Mike

Casing & Mag

Chain

Fence Line

Sgt. Tri

• Mike was armed with a 38 cal. Taurus Revolver
• The revolver was recovered with 5 spent shell casings

​

Investigation

• Sgt. Tri utilized his Glock 43X, duty weapon during the incident.
• Inserted in the pistol was a 15 round Shield Arms Magazine.

​

​

Investigation

Sgt. Tri’s Shield Arms magazine with 12 live rounds removed.

• During the encounter, Sgt. Tri experienced a malfunction.
• The malfunction was cleared, however, Sgt. Tri’s magazine fell out of his gun before he retreated to his vehicle.
• The magazine was found inside of the fence, near a spent shell casing.
• When Sgt. Tri returned to his vehicle and observed his magazine was no longer seated in his gun, he inserted a different magazine, and racked his gun.
• The a live round was found on the ground, near the driver’s side door of Sgt. Tri’s care. Believed to have been ejected when the magazine was replaced.
• The malfunction in the gun may have been caused by the aftermarket magazine, or Sgt. Tri gripping his cellular phone in his hands. The exact cause at this time has not been determined.

​

​

Malfunction

​

​

Malfunction

• Deputies are required to have a bullet in the chamber and carry a “hot gun” while on duty.

​

• The found ejected live round, and the remaining 12 additional rounds found in Sgt. Tri’s magazine, total 13.

​

• Based on this information, Sgt. Tri is believed to have shot 3 times.

​

• Sgt. Tri notified dispatch at 1653 hours “shots fired”, that he was hit in the shoulder, and the suspect was down. This notification came approximately 2 minutes and 41 seconds after Sgt. Tri indicated he observed a male walking toward him.
• Immediately units were dispatched to 77 Wexford Ln. to include Sheriff Slaughter, Undersheriff VanDyken, and Captain Koteskey.
• Sgt. Tri contacted LT. Kadner, who was off duty, by telephone.
• Det. Smith, was first on scene, at 1702 hours, followed by Cpl. Lindland, at 1704 hours.
• At 1705 hours, Sheriff Slaughter, Undersheriff VanDyken, and Captain Koteskey were all on scene.
• Det. Smith and Cpl. Lindland, approached the area where the Mike was last seen, near the Jayco Motorhome.
• Cpl. Lindland didn’t observe Mike to have any signs of life, and confirmed he was deceased at 1705 hours.

​

​

​

​

​

​

​

​

​

​

​

​

​

Notification

• During the exchange of gunfire with Mike, Sgt. Tri was wounded in the shoulder, by a thru and thru bullet path exiting his left upper back.

​

Medical Treatment

• When responding deputies arrived, several minutes had passed.
• Sgt. Tri was unable to render medical aid to Mike, as he was injured and applying a tourniquet to his injury.
• Deputies did not observe any signs of life.

​

​

​

​

​

​

​

​

​

​

​

​

​

​

• Mike was pronounced dead at the scene by Cpl. Lindland

​

Medical Treatment

​

​

​

​

​

​

​

​

​

​

​

​

​

Autopsy

Policies

Procedures

&

Montana State Law

​

04-01-78.07 Search Warrants in General

​

1. A Deputy, the City or County Attorney, or the Attorney General may apply for a search warrant. The search warrant may be issued by a City Judge, Municipal Court Judge, Justice of the Peace, or and District Court Judge within this state.

2. All Search warrants will be obtained through the Cascade County Attorney’s Office.

3. Technical advice on establishing probable cause for a search warrant will be obtained through the Cascade County Attorney’s Office.

4. A Judge will issue a search warrant to a person upon application, in writing or by telephone, made under oath or affirmation and the warrant will state four specific requirements.

a. Facts sufficient to support probable cause to believe that an offense has been committed.

b. Facts sufficient to support probable cause to believe that evidence, contraband or persons connected with the offense may be found at a specific location.

c. Particularly describe the place, object or person to be searched.

d. Particularly describe who or what is to be seized.

Section 78 – Search and Seizure

​

04-01-78.09 Laws Governing Search Warrants

​

1. A search warrant may be directed to a specific Deputy commanding the Deputy to search for and seize the evidence, contraband, or person designated in the warrant. (MCA 45-5-223)

2. A warrant may be issued under this section to search for and seize any; evidence, contraband, or person for whose arrest there is probable cause, for whom there has been a warrant of arrest issued, or who is unlawfully restrained. (MCA 46-5-224)

3. The warrant may be served at any time of the day or night. The warrant must be served within 10 days from the time of issuance. Any warrant not served within 10 days is void and must be returned to the court or the judge issuing the warrant and identified as “not served”. (MCA 46-5-225)

4. A search warrant must in all cases be served by the Deputy specifically named and by no other person except in aid of the Deputy when the Deputy is present and acting in its service. (MCA 46-5-226)

5. Service of a search warrant is made by exhibiting the original warrant or a duplicate original warrant at the place or to the person to be searched. The Deputy taking property under the warrant shall give to the person from whom or from whose premises the property is taken a copy of the search warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. Failure to leave a copy and receipt may not render the property seized inadmissible at trial. (MCA 46-5-227)

6. Procedures assisting in execution of service of search warrant. (MCA 46-5-228)

a. All necessary and reasonable force may be used to serve a search warrant or to effect an entry into any building, property, or object to serve a search warrant, but any restraint or detention of the person served must be in the least restrictive manner that is consistent with the safety of the Deputy serving the warrant and anyone assisting that Deputy. The search of persons on the premises is:

1. For the protection of the Deputy serving the warrant and anyone assisting that Deputy;

2. To prevent the disposal or concealment of any evidence, contraband, or persons particularly described in the warrant.

​

Section 78 – Search and Seizure

​

CCSO Deputies and Detention Officers shall be thoroughly familiar with existing laws regarding use of force. Use of force is restricted to only that force objectively reasonable to control and terminate resistance to a lawful enforcement action and to protect life. Each use of force is unique and will be evaluated on the totality of the circumstances faced by the Deputy or Detention Officer.

​

Any use of force greater than the objectively reasonable standard based on the totality of circumstance to gain compliance shall be deemed excessive. Three considerations when determining whether the use of force is reasonable:

1. The severity of the crime

2. Whether the suspect posed an immediate safety threat to the Deputies or others

3. Whether the suspect actively resisted arrest or attempted to evade arrest by flight

​

Use of Force options – Use of force shall continue or discontinue based upon changes in the subject’s actions and threat to the Deputy/Detention Officer or other person(s). Once the subject’s resistance terminates or there is a diminished threat to the Deputy/Detention officer or other person(s), use of force must discontinue.

​

900 – Use of Force and Firearms

​

Force options may include but are not limited to physical control, chemical agents, Taser, K-9, impact weapons, firearms and weapons of necessity or opportunity.

​

No firearm shall be displayed as a threat unless its actual use in the situation would be proper; however, a firearm may be readied for use in situations where they may be required.

​

Using the following guidelines, Deputies and Detention Officers must continually assess a subject’s level of resistance:

Passive Resistance- Physical actions which are not necessarily directed towards the Deputy/Detention Officer, but are meant to prevent the Deputy/Detention Officer from gaining control over the situation

Active Resistance- Physical actions intended to prevent a Deputy/Detention Officer from gaining control over the subject

​

900 – Use of Force and Firearms

When a Deputy uses deadly force, the totality of the circumstances, including the mindset of the Deputy at the time, shall be considered during review of the incident. The Deputy will articulate his decision in all written reports and/or verbal statements.

​

The decision to use deadly force rests solely with the individual Deputy, and shall be used only when the Deputy reasonably believes that a lesser degree of force is inadequate, to:

1.Protect any person in imminent danger of serious bodily injury or death

​

903 – Force Likely to Cause Death or Serious Bodily Injury

A Deputy will only discharge his firearm in the performance of his duties under the following circumstances:

1. When objectively reasonable to protect any person from death or serious bodily injury

​

904 – Use of Firearm

​

Following a use of force incident, the Deputy/Detention Officer shall:

A. Render appropriate medical aid after any use of force:

• Increased observation of the injured person
• Applying standard first aid procedures
• Flushing of the eyes when chemical agents were applied
• Evaluation by paramedics
• Transporting the injured person to a medical facility

​

1. Make a verbal report to a supervisor as soon as practicable.

2. Submit a detailed written report prior to the Deputy/Detention Officer’s end of shift (*Exception: Deputy involved shootings; no immediate written report required; can be submitted within four days of incident or detailed in a verbal statement to investigator)

​

A supervisor shall be immediately notified and, if appropriate, shall respond to the scene.

​

​

901 – Use of Force Follow-up and Review

​

3. Procedures for body-worn camera use:

A. Body-worn camera and in-car camera equipment shall be issued to all Deputies but is used primarily by uniformed Deputies as directed by the Cascade County Sheriff’s Office. Deputies who are assigned body-worn and in-car camera equipment must use the equipment in standard daily patrol functions unless otherwise authorized by supervisory personnel.

​

​

719 – In-Car and Body Worn Cameras

​

45-3-102 Use of force in defense of person. A person is justified in the use of force or threat to use force against another when and the the extent that the person reasonably believes that the conduct is necessary for self-defense or the defense of another against the other person’s imminent use of unlawful force. However, the person is justified in the use of force likely to caue death or serious bodily harm only if the person reasonably believes that the force is necessary to prevent imminent death or serious bodily harm to the person or another or to prevent the commission of a forcible felony.

​

Montana Code Annotated

​

Questions

​