Report of a review of the circumstances of the death of U.S. Probation Officer Tom Gahl and the recommendations of the reviewers – Donald L. Chamlee, Chief of the Division of Probation, April 15, 1987.
This report is a review by the Probation Division into the circumstances surrounding the September 22, 1986, death of U.S. Probation Officer Thomas E. Gahl. The information in this report was compiled by Probation Division staff who conducted interviews and reviewed records in Indianapolis, Indiana, and Springfield, Missouri.
INTRODUCTION
Thomas E. Gahl was killed by probationer Mike Wayne Jackson at Jackson's Indianapolis residence. Tom Gahl was 38 years old, and had been a U.S. Probation Officer since 1975.
Mike Wayne Jackson was on probation for a firearms offense. He was 40 years old, and had a history of mental illness, alcohol and drug abuse, and criminal behavior. After killing Gahl, Jackson killed two more people, wounded a police officer, and kidnapped several people. Ten days later, when apprehension was imminent, he committed suicide.
This report will be in two sections. The first section will be a history of the Jackson case from the time of his arrest on Federal charges to the time of his death. The second section provides a summary and recommendations.
CASE HISTORY
On March 1, 1985, Indianapolis Police arrested Jackson for shoplifting. A homemade shotgun and incendiary devices were found in his truck. Possession of these weapons led to a four
count Federal indictment. During pretrial proceedings, the Court ordered him detained because of dangerousness and the likelihood of flight. Upon the motion of defense counsel, the Court
committed Jackson for a mental competency examination pursuant to 18 U.S.C. 4241. He was confined in the Medical Center for Federal Prisoners at Springfield, and subsequently was found to be competent to stand trial. Psychiatric diagnoses were paranoid schizophrenia in remission and antisocial personality disorder. He was returned to Indianapolis for trial.
While awaiting trial in Federal custody at a county jail, Jackson's behavior was disruptive. He also "fired" his appointed attorney. The Court then appointed two other attorneys to represent him.
Count 1 charged Jackson with Possession of an Unregistered Firearm (26 U.S.C. 5861 (d) and 5871) and Count 2 with Possession of a Firearm without a Serial Number (26 U.S.C. 5861 (i) and 5871). Counts 1 and 2 involved galvanized pipe constructed to fire 12 gauge shotgun shells. Counts 3 and 4 alleged possession of four "molotov cocktails" and of a firearm by a convicted felon. On September 20, 1985, Jackson pled guilty to Counts 1 and 2. The Court committed Jackson to the custody of the Attorney General for one year on Count 1, suspended imposition of
sentence on Count 2, and placed him on three years probation. A presentence report was not ordered.
The psychiatric evaluation prepared during the competency examination provided background information about Jackson. According to that report, Jackson committed the offense because he wanted to protect himself. He thought someone was out to kill him. Jackson said he had been arrested over 30 times, and had spent 17 years in prison. He indicated he had been arrested on
several occasions for assault and battery with intent to kill. Jackson reported he first got into trouble at age 13 or 14, when he robbed a taxi driver. He said he had married the same woman
twice, had two children, and was divorced twice. His work history consisted of unskilled labor. He reported he drank alcohol as often as he could get it, and used drugs ("mostly diet pills and pot") since age 18. Jackson reported he had been diagnosed as schizophrenic and psychotic, and had been medicated and hospitalized on several occasions. The Federal Bureau of Investigation fingerprint record revealed Jackson had served three felony prison terms, one of which was for rape.
After sentencing, Jackson was returned to the Medical Center. His anticipated release date was February 7, 1986. While in custody, Jackson's mental condition deteriorated. As early as October 30, 1985, authorities at the Medical Center advised the Probation Office in Indianapolis, that they were considering hospitalization of Jackson in a secure facility for the mentally ill in Indiana.
While the Medical Center was exploring release options, Jackson was medicated, and his condition improved. On January 14, 1986, a psychiatric panel recommended Jackson be treated as an outpatient.
Title 18, Section 4246, as amended by the Comprehensive Crime Control Act of 1984, provides authority to the Director of the Medical Center at Springfield to certify to the local U.S. District Court that a person whose sentence is about to expire is suffering from a mental disease or defect, and release would create a substantial risk of bodily injury to another person or serious damage to property. Under this provision, the release of the individual is stayed pending a hearing. After a hearing, the Court can conditionally release the individual to a prescribed regimen of medical, psychiatric, or psychological care or treatment which has been certified as appropriate by the Director of the Medical Center. The person responsible for the treatment of a conditionally discharged individual is required to notify the Attorney General and the Court of any failure of the individual to follow the prescribed treatment. In the event the individual does not follow the prescribed treatment, the Court may have the individual arrested and returned for a hearing to determine if the individual should be remanded to a suitable facility.
On April 12, 1986, Jackson was released under the provisions of 18 U.S.C. 4246. The Court in the Western District of Missouri ordered the discharge of Jackson with the condition he follow a treatment plan developed by the Medical Center and a community mental health center in Indianapolis. The treatment plan required Jackson to receive medication once a day from a mental health professional or a nurse.
During Jackson's confinement, the probation office in Indianapolis was kept informed of his medical condition and of the various release plans. Staff in the probation office attempted to make arrangements for Jackson to reside in a halfway house. These efforts were unsuccessful because of Jackson'shistory of violent behavior.
On the date of his release, Jackson was escorted by staff from the Medical Center at Springfield, to the community mental health center where he met with a psychiatric social worker. Arrangements were made for daily medication. Medical Center staff then escorted Jackson to the probation office.
Probation office staff made arrangements for Jackson to stay that evening at a local mission. Referrals were made for housing assistance, Social Security benefits, and job placement. Eventually, the community mental health center made arrangements for Jackson to stay at a Salvation Army facility, and for him to participate in a work program for the mentally ill. In JuneJackson began receiving Social Security benefits.
The community mental health center contacted the court in the Western District of Missouri through the Medical Center, and obtained authority to modify the method of administering medication to Jackson. Staff at the community mental health center then saw Jackson every two weeks. Consideration was being given to reducing visits to once per month. Jackson's condition appeared stable.
In September the probation officer assigned to Jackson made arrangements through the chief probation officer to transfer supervision to probation officer Gahl. This was done because the assigned officer felt the case required more time than he could devote to it.
On Monday, September 15, the previously assigned officer, Gahl, and Jackson met jointly in the probation office. Gahl was familiar with the case since he had earlier contact with Jackson. The transfer was explained and conditions of probation were reviewed. Jackson related well to both probation officers, but was hostile toward his family and over the requirement he take medication. There were no signs of illegal drug use. Gahl also met with Jackson alone. He made an appointment for Jackson that afternoon at the community mental health center, since he had missed his appointment on September 10, 1986. Jackson went to the center and received his medication.
On Friday, September 19, Gahl went to the community health center, reviewed the Jackson file, and talked with a psychiatric social worker who was familiar with him. Staff recommended Jackson be tested for illegal drug use as family members had told them he was using drugs.
On Monday, September 22, at approximately 8:15 a.m., Gahl went to Jackson's residence to obtain a urine specimen. It is unknown if Jackson anticipated the visit.Jackson had been at this address since mid-August. The house was run-down, and had no electricity or running water. The front porch was surrounded by overgrown bushes.Both the yard and house were full of debris.
Gahl was shot three times. There were no witnesses to the first shot.A neighbor heard what sounded like a knock on a door, and then a loud blast. The Indianapolis Police received a report at about 8:15 a.m. of a shooting.In the opinion of the Federal Bureau of Investigation, Gahl was shot in the left elbow from behind as he left the residence. Witnesses saw him down on his right knee, and then saw him get up and go toward his car with Jackson in pursuit. Gahl was seen backing down the sidewalk away from Jackson. One witness heard Gahl's plea for help from about 15 feet away. Jackson then shot Gahl in the right side of the head, and also fired a third shot at close range into the right side of his head. Jackson initially went back into his residence. A few moments later, he left the house with a shotgun and extra shells, got into his truck, and drove away.
A search of the residence by police revealed medication dating back to August which had been prescribed for Jackson by the community mental health center. No illegal drugs or paraphernalia were found. It was determined the shotgun had been purchased by Jackson at an Indianapolis pawn shop for $195 cash on September 11, 1986.
At approximately 8:33 a.m., Indianapolis Police received a report of a fatal shooting of the owner of a small neighborhood grocery market. Jackson then kidnapped a witness to the robbery and killing. He also robbed, terrorized, and kidnapped several other people before leaving Indiana. At approximately 6:48 p.m., Jackson shot and killed a motorist on Interstate 70 in Missouri. The individual had been driving a car which resembled an unmarked highway patrol car which it is believed caused Jackson to think the victim was a police officer. During the evening, Jackson continued to rob and kidnap. When two police officers attempted to arrest Jackson at approximately 9:15 p.m., he shot at them and wounded one of the officers.
Jackson remained at large until October 2. He was located in a barn a few miles from where he had shot and wounded the police officer on September 22. As police arrived at the barn, Jackson committed suicide with his shotgun. The spent shells matched those found at the scene of the killing of Gahl. An autopsyreport showed no evidence of illegal drug in Jackson's system although some drugs may have metabolized by the of time the autopsy.
SUMMARY AND CONCLUSIONS
Probation Officer Tom Gahl was killed on the morning of September 22, 1986, by probationer Mike Wayne Jackson while making a home visit. Gahl appeared to have been moving away from the house when he was shot by Jackson from the front porch. The attack apparently occurred upon Gahl's arrival with little, if any, conversation Jackson was on 3 years probation for illegal possession of a weapon and had served a 1-year Federal sentence on a separate firearms violation. He had also previously served three major prison sentences, and had been diagnosed on several occasions as being paranoid schizophrenic and having an antisocial personality disorder.
The U.S. Medical Center at Springfield, Missouri, had held Jackson beyond his release date since he was considered mentally ill and dangerous. He was conditionally released only after an Indiana mental health agency agreed to see him regularly on an out-patient basis and to prescribe psychotropic drugs. Although he had missed an appointment with the clinic on September 10, 1986 (a violation of his conditional release), the clinic did not report to the institution as required by the terms of release. Instead the clinic reported the delinquency to the probation
office. After a subsequent visit to the probation office, Jackson renewed contact with the clinic and was provided psychotropic drugs. Jackson was, however, apparently not taking his medication since the prescription bottles still containing medication were found by the police in his residence. According to staff at the clinic, they did not view Jackson as mentally ill, but as a person who had reverted to drug use. Clinic staff said they believed Jackson should simply be returned to prison if he violated the conditions of his probation.
Tom Gahl was well informed of Jackson's background, and was working to insure his compliance with the conditions of probation. Neither his personal contact with Jackson nor the mental health personnel who treated him had apparently led Gahl to conclude Jackson represented a threat to him. Jackson's state of mind on the morning in question or what might have triggered his unprovoked attack is unknown.
The probation system has a number of high risk clients with histories of violence and mental problems similar to that of Jackson. There are, therefore, several operational procedures which should be reemphasized and issues which need be addressed that will enable the probation system to minimize the possibility of a similar tragedy in the future.
The reviewers recommend that:
1. the Probation Division provide a brief summary of this report to chief probation and pretrial
services officers, and instructors in the Probation Staff Safety Course sponsored by the Federal Judicial Center.
2. the Probation Division provide information to the probation system concerning the authority of the Bureau of Prisons to conditionally release an inmate and revoke this release.
3. the Probation Division encourage all districts to request the safety training course from the Federal Judicial Center.
4. the Probation Division seek information for the field on special methods of supervision which officers may employ with offenders similar to Jackson. This information can be obtained from probation officer mental health specialists and other experienced officers.
5. the Probation Division continue to seek adequate staff as determined by workload formulas to enable probation officers sufficient time for supervising difficult cases. Such cases require considerable planning as well as consultation with supervisory staff and other experts.
6. the Probation Division explore the need for probation officers to obtain regular psychiatric or psychological consultation on methods for supervising offenders with mental problems, and psychiatric or psychological contract services for selected offenders.
7. the Probation Division encourage offices to place mentally ill and dangerous offenders into treatment with drug and alcohol contract agencies if the offenders also have histories of substance abuse.
8. the Probation Division not recommend a change in the Judicial Conference policy on carrying firearms by probation officers. The policy does not permit probation offices to carry firearms unless approved by their respective courts and certain conditions have been met. Although a firearm might have helped Tom Gahl in this particular incident, there are many circumstances where the presence of a firearm could aggravate the matter. The decision to carry firearms is best left to the appointing authority with direct oversight of the probation officer.
The reviewers found good communication between the officers and Jackson when his case was transferred and between the officers and the mental health agency. Several points, however, need to be reemphasized to probation offices. They are:
1. Probation offices should encourage their courts to order presentence investigations or complete post sentence reports in all high risk cases which come under supervision. Such a report will help insure staff is aware of the complete backgrounds of individuals under supervision.
2. Probation offices should emphasize careful release planning in high risk cases including close contact and coordination with local correctional, mental health, or social agencies which will be providing services. Assigning prerelease cases to a probation officer as soon as the institution begins release planning or when the first furlough occurs will result in clearer communication between institution staff, the probation officer, community agencies, and the client. Whenever possible, prerelease cases should be assigned to the probation officer who ultimately will be responsible for supervision.
3. Probation offices should carefully review the need for officers to make home or community visits with high risk offenders who have assaultive backgrounds, are mentally unstable, or have strong anti-authority or anti-government beliefs (expressed by affiliation with prison gangs or anti-government organizations). Although the officer has an obligation to make certain an individual is complying with the terms of supervision, it might be prudent to utilize alternative methods to insure officer safety. Examples of such methods are office visits, meetings at neutral or public sites, and frequent contact with relatives.
