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James 03-10-2002 02:49 PM

O/T Prayers for an innocent Man Shot
 



Man shot in face by FBI in serious condition
Eagle Scout, 20, had been mistaken for robbery suspect
--------------------------------------------------------------------------------
By Kimberly A.C. Wilson
Sun Staff
Originally published March 3, 2002






An Eagle Scout who was mistaken for a bank robber and shot in the face by an FBI agent in Pasadena on Friday remained in serious but stable condition at Maryland Shock Trauma Center last night.

Joseph Charles Schultz, 20, was shot at close range about 6 p.m. Friday when FBI agents searching for a bank robbery suspect pulled over his girlfriend's car.

Schultz, who lives in the 7900 block of Seabreeze Drive in Orchard Beach in Anne Arundel County and works with fiber optics for a local medical company, has no connection to the bank robbery, officials said.

At the time of the shooting, Schultz, who graduated from Northeast High School in Pasadena in 2000, was a passenger in a Pontiac Grand Am driven by his girlfriend, 16-year-old Krissy Harkum.

The couple was returning from a trip to Marley Station Mall in Glen Burnie when plainclothes federal agents in unmarked cars pulled them over near Key Bridge Discount Liquors at 7212 Fort Smallwood Road, according to Harkum's father, Joseph Harkum. Carrying weapons that his daughter, a junior honor student at Northeast, described as "assault rifles or machine guns," the agents ordered them to put their hands up, he said.

That's when the agent on the passenger's side opened fire, striking Schultz once, he said.


'Yeah, I'm angry'

"Here you got two of the sweetest kids on the Earth going to the mall and having Slurpees, getting shot through the car window. It's a mess. Yeah, I'm angry," Harkum said from his Pasadena home.

FBI spokesman Barry Maddox said agency policy prevented the immediate release of the name of the agent who shot Schultz.

He also declined to comment on whether the agent has been assigned to desk duty pending an investigation of the shooting. Nor have FBI officials released information about how the shooting took place.

"It's an ongoing investigation, and under most circumstances we do not give out too much information," Maddox said.

Harkum said his daughter was struck by glass and blood but was uninjured in the shooting. Still, she remained shaken yesterday.


'She's not doing too good'

"She had nightmares about it," Harkum said.

"She's not doing too good. Emotionally, she's not OK," he said.

Krissy Harkum remained at Schultz's bedside last night. Though he was unable to speak, her father said, she told him that Schultz wrote her a note asking, "Why did he shoot me?"

Family members reached at Schultz's home referred reporters' calls to attorney Joseph C. Asensio, who did not return repeated calls seeking information last night.

Yesterday afternoon, agents assigned to the FBI's shooting review group based in Washington scoured the scene for the agency's internal investigation.

Anne Arundel County police officers continued their probe of the shooting yesterday and were setting up interviews with witnesses, said Officer Charles Ravenell.

Sun staff writer Lynn Anderson contributed to this article.



Copyright © 2002, The Baltimore Sun

James 03-10-2002 02:51 PM

The Agent shot the guy in the head with an M-4 Assault Rifle . . . :(

KillarneyRose 03-10-2002 02:55 PM

This is terrible! :( It's been all over the papers here. I feel so sorry for that poor man; talk about being in the right place at the wrong time.

This happened within walking distance of my house by the way :eek:

Tom Earp 03-10-2002 04:07 PM

Can someone find an article and send to me?

I always new the FBI were a bunch of yahoos! I did not like them when I was a COP!

Bunch of pencile neck pencile pushing butt heads!:mad:

This is Stupidity even tho we have had the Terroist Situation!:(

They are a bunch of Clowns in Nerd suits with weapons!

DGPhoney 03-10-2002 09:32 PM

First off, that is very sad, I know some of his friends from school and everyone has been really upset about the whole ordeal.I mean it's aweful that it happened, that people someti,es react quicker before they can logically think. it's been on the News like 24/7 here as well as in about all the MD papers. Killarney Did you see all the roads blocked when all of that happened? They had all the major roads and highways entrances blocked.
Tom E, I will have to deffinetly disagree with you on the stuff you said about FBI agents , people think the same for any law enforcer, although there is many slip ups and this one is deffinetly a great slip up, but to say all are like that, not cool in the least bit!!!
As for Joe and Family, and Krissy and family, my prayers are with you guys :D
DGP~Honey~

SAEalumnus 03-10-2002 10:59 PM

As far as I'm concerned, there's no excuse whatsoever for the FBI agent mistaking this poor kid for a bank robber and shooting him in the face through a car window. If your line of work charges you with the responsibility of carrying a weapon, especially a firearm of this kind of magnitude, you should never be allowed to carry it unless and until you have proven yourself competant in its use and have also proven that you know how to make rational decisions quickly and while under pressure. "Oops, my bad," is completely insufficient for the guy who got shot. And he's an Eagle Scout too! Believe me, I know exactly how hard it is to earn that rank - I just barely got mine, it isn't easy. This makes me so disgusted that I don't quite know what to say. The FBI agent should be fired and put in jail for a long time and the guy who got shot should be paid a huge sum of money for his injuries - I mean independently wealthy, set up for life courtesy of the FBI as the price for allowing the criminally incompetant access to a high-powered firearm!

DZTUBAGIRL 03-11-2002 08:26 PM

I can't believe that story. it is scary that something like that can happen close to home. I feel so sorry for the people's families. Where exactly did this happen? I am not home and have not heard about it.

Anne Marie

KillarneyRose 03-11-2002 08:35 PM

Quote:

Originally posted by DZTUBAGIRL
I can't believe that story. it is scary that something like that can happen close to home. I feel so sorry for the people's families. Where exactly did this happen? I am not home and have not heard about it.

Anne Marie

It happened on Fort Smallwood Road in Pasadena. Right near Northeast HS if you know where that is.

Jeff OTMG 03-11-2002 09:13 PM

The agent was a former captain in the military who was on a special 'SWAT' type team within the bureau and was attempting a felony traffic stop. After telling the kid to get out of the car, he shot him as the kid was reaching to unbuckle his seatbelt. This is what happens when military trained personnel are used in the private sector for general law enforcement activity. Cops are trained in felony traffic stops, obviously the FBI isn't. This is an example of why the Posse Comitatus Act of 1878 is still an important concept, unfortunately the govt finds ways around it and continues to use military trained officers against civilians and military personnel to train paramilitary teams within the law enforcement community. This GI Joe mentality has caused problems in the past, Ruby Ridge, Waco, the shooting by U.S. Marines of a young boy herding goats in south Texas, SLA assault in Los Angeles, and the incineration of Robert Jay Matthews (Alan Berg's 'alleged' murderer) in Washington. We need our armed forces to defend our country, we need our law enforcement personnel to help protect us from criminals, but using military tactics on a regular basis against civilians results in deaths that should be avoided.

SAEalumnus 03-11-2002 09:27 PM

More details about the shooting (from the Baltimore Sun)...

The agent who shot Joseph Charles Schultz (20 year old Eagle Scout) is Special Agent Christopher Braga, 35, a "former U.S. Marine Corps captain and decorated Persian Gulf war veteran who has worked for the past four years on a highly trained FBI SWAT team...In the military, [Braga] was a firearms instructor and was a rifle platoon commander during Operation Desert Storm in the early 1990s." He's someone who should have known better than anyone else who to shoot and who not to.

The bank robber the FBI (F'ed-up Beyond Idiocy) agents were looking for was also thought to be riding around in a red vehicle, wearing a white cap and with a woman, just like Schultz was. The problem was, the FBI's informant couldn't contact them with more accurate information because his cell phone died. So while the informant was looking for a payphone, Braga was busy shooting this kid in the face at point-blank range with an M-14 Assult Rifle, a standard military-issue weapon.

Braga had ordered both Schultz and his girlfriend to put their hands in the air. After both followed that instruction, he then ordered Schultz out of the vehicle and when Schultz attempted to comply (either by reaching to unfasten his seatbelt or by reaching for the door to let himself out - stories differ about which was the case), Braga shot him. The bullet entered Schultz's right cheek, shattering his right cheek and jaw. The bullet is still lodged in the left side of his face even now.

Also noteworthy are the facts that the FBI agents were in plain clothes, driving an unmarked car. When Schultz and his 16 year old girlfriend left a 7-11 after buying Slurpees, they got into her car (she was driving) and were pulled over moments later. Top FBI agent for the area, Special Agent Lynne A. Hunt, made a public apology, stating that a full investigation would be made (but conveniently not promising anything would be done about it). Agent Braga is currently on voluntary paid leave of absence. The other three agents involved in the traffic stop are still working at their usual assignments.

Peaches-n-Cream 03-11-2002 10:12 PM

This is terrible. Is there any information about the prognosis of Joseph Charles Schultz?

DGPhoney 03-11-2002 10:26 PM

Quote:

Originally posted by SAEactive

The bank robber the FBI (F'ed-up Beyond Idiocy.

It's nice we have such lovely Judgemental people on here. Instead of saying your peaces and get wells to the families involved , you'd rather make snap judgements, for a situation, you weren't there for. Unless you walk a mile in their shoes then you have no idea about their jobs. I think it's pathetic to always critize law enforcement officers no matter what branch they are. Regardless of what happens they are the same people who fight for our lifes everyday .
DGP~honey~

KSig RC 03-12-2002 12:44 AM

Quote:

Originally posted by DGPhoney
I think it's pathetic to always critize law enforcement officers no matter what branch they are. Regardless of what happens they are the same people who fight for our lifes everyday .
Personally, I don't feel anyone should be above criticism . . .

Law-enforcement officials deserve commendation for day-in, day-out doing jobs that few want and even fewer are qualified for - but these people in positions of power over everyday citizens must also be subject to public scrutiny.

Remember - these people are there to protect each and every one of us, and while this is a dubious task at the least, it is one of the most important, and as such it should be subject to the most oversight and improvement of any - these require criticism, analysis, etc. No doubt about it.

SAEalumnus 03-12-2002 05:54 PM

Quote:

Originally posted by DGPhoney

It's nice we have such lovely Judgemental people on here. Instead of saying your peaces and get wells to the families involved , you'd rather make snap judgements, for a situation, you weren't there for. Unless you walk a mile in their shoes then you have no idea about their jobs. I think it's pathetic to always critize law enforcement officers no matter what branch they are. Regardless of what happens they are the same people who fight for our lifes everyday .

1. I have every right to be judgemental and when it concerns the violation of the civil rights of one of the nation's highest caliber citizens, you can bet I'm going to exercise that right. It's called freedom of speech; get used to it.

2. Shooting an innocent man in the face through a car window at point blank range and with a military-grade weapon is completely inexcusable, especially when the man was trying to comply with the orders of the criminally incompetant officer at the time.

3. I didn't have to be standing next to Joseph Schultz when he was shot through the face to know that what Agent Braga did was wrong. Shooting first and asking questions later may work for the Marine Corps in combat situations, but a traffic stop (even when looking for a robbery suspect) in no way qualifies as a combat situation. Schultz is a citizen of the United States and an Eagle Scout, not an al-Qaida terrorist. Agent Braga obviously didn't realize this difference at the time because he didn't bother to behave in a rational manner so as to allow himself to properly examine the situation.

4. EVERY profession, ESPECIALLY those involving public office or protecting the public, is subject to criticism because in every case one must insist on personal accountability. You can try to sugar coat what Agent Braga did all you want, but the bottom line will never change: he acted without thinking and as a result, he shot an innocent man who was trying to cooperate with him through the face with an assault rifle while his girlfriend watched.

Agent Braga is guilty. Period. The End. There is no debate. This is a fact that anyone other than perhaps a bleeding heart liberal should readily acknowledge.

DGPhoney 03-12-2002 06:13 PM

Actually, hmm let me drop my two cents as always, first off, Reading is fundamental Boys and Girls. Secondly, SAEactive, I didn't say you don't have a right to be judgemental, you can be whatever the hell you want to be, I will still not care tomorrow, secondly, if your read my post, I said in GENERAL that people Judge Law Enforcement Postions a whole lot differently then they do other Professions.
Next, I am not defending what Braga Did in his judgement, people everyday make Wrong Snap judgements and the result and the outcome is something they have to live with everyday!
As for your freedom of speech use it as I use mine, and I will gladly tell you, I could care less, I like you were stating my opion, don't like , hey guess what move on. :rolleyes: Cause I will never bite my tongue for anyone!:mad:
DGP~Honey~

Jeff OTMG 03-13-2002 11:49 AM

One correction, strictly speaking, the M14 is a main battle rifle and not an assault rifle. The former Marine, turned FBI, was armed with the M4 carbine, an updated version of the CAR-15/XM177E2 project from Vietnam days and is a variant of the military M16 assault rifle. This is a link to a photo of the entire M4 system including the M203 grenade launcher and PVS4 night vision sighting system http://www.fas.org/man/dod-101/sys/land/M4w-att.jpg

As far as laying blame where due, I consider it quite appropriate. This was NOT an accident. The gun did not accidentally go off. The agent intentionally pulled the trigger. This was an avoidable incident due to inadequate or faulty training. This is not the first time something like this has happened with gung ho former military FBI agents. Randy Weaver's unarmed wife was shot and killed while holding her baby by FBI sniper Lon Horuchi(sp?). These personnel are 'experts', as doctors are considered experts in medicine, and as experts they are held to a higher standard of care regarding their actions. When they fail in this care people die and that is unacceptable. As I stated earlier, this was not an acceptable use for FBI SWAT trained personnel.
No snap judgement on my part. I grew up around this my entire life. My father spent 9 years Air Force OSI then 21 years FBI and was part of a counter airline hijack unit. I know when mistakes are made. There is no excuse that can justify the shooting in the face of 20 year old Eagle Scouts at roadblocks manned by FBI SWAT members. I would cut them much more slack if this was the first time something like this had happened. It wasn't. My fear is that still nothing will be done to keep it from happening again.

I believe that the victim will survive, he must be stabilized and evaluations done before any of the multiple surguries he will need may begin. You can bet that this incident will have a profound effect on how he will be able to live his life for many years to come.

James 03-13-2002 03:47 PM

Thanks Jeff for making the clarification between the M-14, a rifle that was phased our duting the Vietnam Era, and the M-4 Assault Rifle. I was about to post about it lol.

Also, keep in mind what Jeff seems to be saying: different units have different training goals, that are tasked for specific missions.

So its easier for things to go wrong when the a Unit is given a mission that their training doesn't fit the profile.

Also, in this case, there are agencies who's training and mission are meant for this type of activity.

Imagine sending a regiment of regular soldiers to disperse a rioting crowd?

James 03-14-2002 08:19 PM

I copied this off another news group . . .
 
Details unfold in FBI mix-up

Agents had photo of real suspect before shooting other man; Revealed in affidavit; They also knew pellet gun not real one apparently was used in robbery

--------------------------------------------------------------------------------

By Gail Gibson

Sun Staff

Originally published March 13, 2002


FBI agents involved in the mistaken traffic stop and shooting of an unarmed Pasadena man March 1 had a photograph of the actual bank robbery suspect they sought and earlier that day had discovered that an air pistol, not a handgun, apparently was used in the holdup, court records show.


Those details, contained in an FBI affidavit in the bank robbery case, could play a central role in the investigations into the shooting of Joseph C. Schultz, as authorities examine how much federal agents knew about the real suspect they were tracking and how dangerous they thought he was.


Schultz, 20, was shot in the face with an M-4 rifle after FBI agents stopped the car his girlfriend was driving that day. In a case of mistaken identity, the agents thought Schultz was the man they sought, but Schultz had no connection to the crime or to the suspect. Schultz, who is expected to survive, remained in fair condition yesterday at the Maryland Shock Trauma Center.


FBI and Anne Arundel County police officials have released few details about the traffic stop and shooting, saying that could hurt continuing federal and local investigations. ***yeah right!! I'm an idiot ... not*** But the FBI affidavit, connected to the arrest March 3 of bank robbery suspect Michael J. Blottenberger Jr., provides new information about the police search that preceded the shooting.


An FBI spokesman declined yesterday to comment directly on the affidavit, but suggested that whether or not a real handgun was used in the robbery did not diminish the threat that agents believed Blottenberger posed as they searched for him March 1.

In the document, FBI Special Agent Lawrence S. Brosnan, a 24-year veteran of the FBI and the lead investigator in the robbery case, said two bank tellers reported that the robber brandished a silver-and-black handgun that day as he forced them to empty their cash drawers. Court records say the robber left with $24,324 clutched in his fists and arms and climbed into a green Ford pickup. ***reminder- the Eagle Scout was in a small red sedan when his face was shot off***

FBI officials have declined to release a photograph of Blottenberger. The affidavit says Brosnan obtained a 1998 mug shot that he displayed, along with bank surveillance photos, in interviews with people who helped link Blottenberger to the crime. ***They had pictures of the real robber and still shot the kid***


Brosnan was among the agents looking for Blottenberger on March 1, when Schultz was mistakenly stopped. Another FBI agent, CHRISTOPHER BRAGA, shot Schultz that day.


Among the individuals Brosnan interviewed in the days leading up to the shooting was Blottenberger's landlord. Timothy King told authorities March 1 that in a conversation shortly after midnight that morning, Blottenberger said he had driven the getaway car in a bank robbery -- a claim he also made to FBI agents after his arrest, the affidavit said.


King told authorities that he then ordered Blottenberger to leave his house, the affidavit said. Soon after Blottenberger left, King and a woman searched the house and found two silver air pistols, which resembled handguns, tucked under a television cabinet in the basement. An air gun relies on a compressed air system to propel projectiles, such as pellets or paint balls, and is generally considered far less lethal than a semi-automatic handgun.


A Baltimore police officer and Brosnan went to King's house that morning -- hours before federal agents searching for Blottenberger shot Schultz -- and seized the two (air) pistols.

In the affidavit, Brosnan wrote that after comparing the air pistols to the bank surveillance photos, he was "of the opinion that the pistol displayed by the bank robber is similar, if not identical, to the pistols discovered" at the house where Blottenberger had been staying.

Copyright © 2002, The Baltimore Sun

SAEalumnus 03-15-2002 05:25 AM

you see, it's hard to be judgemental when you speak the truth!

I'm not at all surprised by what I just read.

Jeff OTMG 03-16-2002 12:25 AM

FBI - "Don't investigate, it was a good shoot"
 
More info. In typical FBI fashion since an agent pulled the trigger it was a good shoot. Guess that Eagle Scout was really a bad guy and the media is lying to us. One cannot imagine the contempt I feel for the arrogance shown by the Bureau in this case. How can they explain this away?

http://www.sunspot.net/news/local/b...ot15mar15.story

Agents said to oppose inquiry
Investigator says he was discouraged from probing FBI shooting
--------------------------------------------------------------------------------
By Gail Gibson
Sun Staff
Originally published March 15, 2002

Two senior agents from the FBI's Baltimore office told a private detective yesterday that the mistaken shooting of an unarmed Pasadena man likely would be ruled a "clean shoot," and discouraged him from looking into the case further, the investigator said in an interview.
Dudley F.B. "Butch" Hodgson, a former FBI agent who has been retained by the shooting victim's lawyers, said he was told by one of the agents: "There's no middle ground in this thing. You're either with us or against us."

A top FBI official said late yesterday that the investigation into the shooting March 1 of Joseph C. Schultz is far from complete and that any remarks made by the agents to Hodgson "clearly reflect their own personal opinions" - not the FBI's official position.

"The official agency position is we would not do anything to discourage the people aggrieved here from pursuing every option open to them," said Assistant Director John E. Collingwood, a spokesman with FBI headquarters in Washington.

Hodgson was hired Monday by attorneys representing Schultz, who was shot in the face after FBI agents searching for a bank robber two weeks ago mistakenly pulled over the car Schultz's girlfriend was driving. Schultz, whose right jaw was shattered by a bullet from an agent's M-4 rifle, was released from the hospital this week but faces a series of reconstructive surgeries.

FBI officials have apologized for the shooting and promised a full investigation into what was an apparent case of mistaken identity. Investigators from FBI headquarters are conducting one review, which will be forwarded to the Justice Department's civil rights division. Anne Arundel County police are conducting a separate probe, to be reviewed by local prosecutors.

Hodgson began his own investigation this week for attorneys Arnold M. Weiner and Robert J. Welchek, who represent Schultz. After three days on the case, Hodgson said, he received two calls early yesterday from longtime agents in the Baltimore office, calls that he described as attempts to get him to leave the case.

"They say the office opinion on this case is, 'It's a good shooting,'" Hodgson told The Sun yesterday. "I said, 'Fine. If that's the case, the facts are going to come out and show that.'"

But Hodgson, who worked undercover and violent crime cases during his two decades in the Baltimore FBI office, said he also told his former colleagues: "I don't understand how the office can think it's a good shoot, because everything I've seen indicates that it's not."

Hodgson said he received calls from Sam Wichner, firearms instructor for the Baltimore office, and from Jim Ellis, a supervisor in the Calverton office, which reports to the Baltimore field office. Wichner and Ellis did not return phone calls seeking comment. Their supervisor, Lynne A. Hunt, special agent in charge of the Baltimore office, was out of town and not available for comment.

Collingwood, at FBI headquarters, stressed that the shooting investigation intentionally excluded agents assigned to the Baltimore office in order to be fully "independent of anyone who would have any emotional or personal interest in the outcome in the case."

At the local level, Anne Arundel County Police Chief P. Thomas Shanahan also has promised an independent review, free of pressure from federal authorities. He said he also has met with Hunt and investigators from Washington who promised to fully cooperate with the local police probe.

In a recent interview, Shanahan said he told the police captain on duty March 1: "Don't worry about the FBI. Stay focused on your obligation to Anne Arundel County and you won't go wrong.'"

Weiner and Welchek, prominent Lutherville attorneys accustomed to high-profile cases, said yesterday that the individual calls to Hodgson raise concerns about the integrity of the FBI investigation - a question that Collingwood said would be reviewed.

"Instead of looking inward at their own deficiencies that led to this awful thing to happen, they're turning outward to try to intimidate people," Weiner said.

Hodgson said that Wichner warned him that he would "end up looking pretty silly" once the shooting was ruled justified. In the call from Ellis, Hodgson said, he was told that he would be blocked from social interaction with his former FBI colleagues and friends if he worked on this case. Hodgson said it was Ellis who warned, "There's no middle ground on this thing. You're either with us or against us."

Hodgson said he was angered by the calls, but undeterred.

"We're going to see this thing through," he said. "And the chips are going to fall where they may."

Sun staff writer Laura Barnhardt contributed to this article.

Copyright © 2002, The Baltimore Sun

James 12-10-2010 10:19 PM

FBI shooting settled
Arundel man mistaken as robber in high-profile '02 case
By Matthew Dolan
Sun reporter
Originally published July 7, 2007
More than five years after an FBI agent mistakenly shot an unarmed Anne Arundel County man, the federal government has agreed to pay the injured victim $1.3 million, according to sources familiar with the settlement agreement.

The planned payout will end one of the more alarming chapters in the recent history of the bureau's Baltimore field office. Veteran FBI agent Christopher R. Braga mistook the 20-year-old from Pasadena for a bank robber and shot him in the head using an M-4 assault rifle.


Court documents, interviews and testimony during the civil case showed that an extraordinary array of coincidences led to a near-fatal calamity for Joseph C. Schultz. FBI agents had been searching for a bank robber when they stopped the car being driven by Schultz's girlfriend, Kristen M. Harkum. Believing Schultz was reaching for a gun, Braga opened fire.

Schultz's jaw was shattered by the bullet during the March 1, 2002, shooting, but he survived and underwent reconstructive surgery to repair his face.

Harkum, 16 at the time, was sitting next to Schultz and was not struck by gunfire. She received a $350,000 settlement, sources said. Her lawyer confirmed that the case has been settled but declined to name the amount.

"This was a drawn-out and difficult process to get the government to acknowledge the grievous errors that were committed by the FBI," her attorney, Steven A. Allen, said yesterday. "Krissy Harkum was a young high school student when she was forced to endure a traumatic and terrifying event that no innocent child should have to experience."

Schultz's attorney, Arnold M. Weiner, acknowledged the agreement yesterday but provided no details.

Two sources familiar with Schultz's agreement, which is signed by all the parties, said the settlement is not complete because the Pasadena man has not been paid.

Weiner said: "This was an important case, and it was important that an innocent civilian's rights be vindicated."

Schultz and Harkum, no longer dating, still live in the area, but Harkum continues to struggle with post-traumatic stress disorder, according to court records. Through their attorneys, they declined to comment.

In the agreements with both victims, the government does not admit to wrongdoing in the shooting, sources said. "This agreement is not, is in no way intended to be, and should not be construed as, an admission of liability or fault on the part of Christopher Braga, the FBI and United States," Schultz's agreement reads, according to a source who has a copy.

The settlements are not filed in U.S. District Court, because the overall case was dismissed by Judge J. Frederick Motz on June 15 after all of the parties committed to resolve the case without a trial.

FBI officials in Baltimore and Washington declined to discuss the details of the settlements, other than to confirm the resolution of the claims.

"This case has been settled. We will not discuss the amount," FBI spokesman Richard J. Kolko wrote in an e-mail yesterday.

Authorities have described the shooting as a singularly tragic case of mistaken identity: Schultz was at a store where agents expected to find the suspect, and his baseball cap and girlfriend's car loosely fit the description authorities had for the man wanted in connection with a Feb. 20, 2002, bank robbery.

The case prompted the bureau's top agent in Baltimore to apologize for the "unfortunate accident."

A grand jury in Anne Arundel County later cleared Braga of criminal wrongdoing in the shooting. But county investigators concluded that the FBI's hunt for the bank robber was hamstrung from the start by radio equipment that was faulty and outdated.

When asked about reforms possibly made after the botched traffic stop that led to the mistaken shooting, spokeswomen for the Maryland U.S. attorney's office and the FBI's Baltimore field office declined to comment yesterday.

An internal FBI probe and a separate Justice Department civil rights review of the incident also concluded that criminal charges should not be filed against Braga, according to a source who has been briefed on both documents.

Currently assigned to the FBI's New York City office, Braga did not return a voice-mail message left for him yesterday.

After the shooting, Schultz and Harkum each filed $10 million lawsuits in U.S. District Court in Baltimore, arguing that their constitutional rights were violated.

In their lawsuits, Schultz and Harkum allege that the agents disregarded bureau arrest policies and then played down the potentially deadly results.

On the day of the shooting, FBI agents were looking for Michael J. Blottenberger, who was suspected of driving the getaway vehicle in the robbery of a Pasadena bank branch. The agents assumed that Blottenberger would be at a 7-Eleven convenience store, riding in a red car and wearing a white baseball cap because of information from an informant.

But the agents wrongly targeted Schultz, who had on a white cap, after he walked from the store carrying a Slurpee and a Mountain Dew and got into Harkum's red Pontiac Grand Am.

A few minutes later, two FBI vehicles forced the couple to the side of the road and four armed FBI agents approached the car.

Braga fired his M-4 rifle when Schultz moved to unlock his car door to comply with agents' orders. Braga said in court papers that he shot at Schultz when the man appeared to reach for his waist, believing that Schultz was grabbing for a weapon.

ZetaGirl22 12-13-2010 03:09 AM

Wow. The shooting victim deserved A LOT more money than 1.3 million IMO. That might not even cover all his medical bills.

ThetaPrincess24 12-13-2010 11:24 AM

Quote:

Originally Posted by James (Post 2010652)
FBI shooting settled
Arundel man mistaken as robber in high-profile '02 case
By Matthew Dolan
Sun reporter
Originally published July 7, 2007
More than five years after an FBI agent mistakenly shot an unarmed Anne Arundel County man, the federal government has agreed to pay the injured victim $1.3 million, according to sources familiar with the settlement agreement.

The planned payout will end one of the more alarming chapters in the recent history of the bureau's Baltimore field office. Veteran FBI agent Christopher R. Braga mistook the 20-year-old from Pasadena for a bank robber and shot him in the head using an M-4 assault rifle.


Court documents, interviews and testimony during the civil case showed that an extraordinary array of coincidences led to a near-fatal calamity for Joseph C. Schultz. FBI agents had been searching for a bank robber when they stopped the car being driven by Schultz's girlfriend, Kristen M. Harkum. Believing Schultz was reaching for a gun, Braga opened fire.

Schultz's jaw was shattered by the bullet during the March 1, 2002, shooting, but he survived and underwent reconstructive surgery to repair his face.

Harkum, 16 at the time, was sitting next to Schultz and was not struck by gunfire. She received a $350,000 settlement, sources said. Her lawyer confirmed that the case has been settled but declined to name the amount.

"This was a drawn-out and difficult process to get the government to acknowledge the grievous errors that were committed by the FBI," her attorney, Steven A. Allen, said yesterday. "Krissy Harkum was a young high school student when she was forced to endure a traumatic and terrifying event that no innocent child should have to experience."

Schultz's attorney, Arnold M. Weiner, acknowledged the agreement yesterday but provided no details.

Two sources familiar with Schultz's agreement, which is signed by all the parties, said the settlement is not complete because the Pasadena man has not been paid.

Weiner said: "This was an important case, and it was important that an innocent civilian's rights be vindicated."

Schultz and Harkum, no longer dating, still live in the area, but Harkum continues to struggle with post-traumatic stress disorder, according to court records. Through their attorneys, they declined to comment.

In the agreements with both victims, the government does not admit to wrongdoing in the shooting, sources said. "This agreement is not, is in no way intended to be, and should not be construed as, an admission of liability or fault on the part of Christopher Braga, the FBI and United States," Schultz's agreement reads, according to a source who has a copy.

The settlements are not filed in U.S. District Court, because the overall case was dismissed by Judge J. Frederick Motz on June 15 after all of the parties committed to resolve the case without a trial.

FBI officials in Baltimore and Washington declined to discuss the details of the settlements, other than to confirm the resolution of the claims.

"This case has been settled. We will not discuss the amount," FBI spokesman Richard J. Kolko wrote in an e-mail yesterday.

Authorities have described the shooting as a singularly tragic case of mistaken identity: Schultz was at a store where agents expected to find the suspect, and his baseball cap and girlfriend's car loosely fit the description authorities had for the man wanted in connection with a Feb. 20, 2002, bank robbery.

The case prompted the bureau's top agent in Baltimore to apologize for the "unfortunate accident."

A grand jury in Anne Arundel County later cleared Braga of criminal wrongdoing in the shooting. But county investigators concluded that the FBI's hunt for the bank robber was hamstrung from the start by radio equipment that was faulty and outdated.

When asked about reforms possibly made after the botched traffic stop that led to the mistaken shooting, spokeswomen for the Maryland U.S. attorney's office and the FBI's Baltimore field office declined to comment yesterday.

An internal FBI probe and a separate Justice Department civil rights review of the incident also concluded that criminal charges should not be filed against Braga, according to a source who has been briefed on both documents.

Currently assigned to the FBI's New York City office, Braga did not return a voice-mail message left for him yesterday.

After the shooting, Schultz and Harkum each filed $10 million lawsuits in U.S. District Court in Baltimore, arguing that their constitutional rights were violated.

In their lawsuits, Schultz and Harkum allege that the agents disregarded bureau arrest policies and then played down the potentially deadly results.

On the day of the shooting, FBI agents were looking for Michael J. Blottenberger, who was suspected of driving the getaway vehicle in the robbery of a Pasadena bank branch. The agents assumed that Blottenberger would be at a 7-Eleven convenience store, riding in a red car and wearing a white baseball cap because of information from an informant.

But the agents wrongly targeted Schultz, who had on a white cap, after he walked from the store carrying a Slurpee and a Mountain Dew and got into Harkum's red Pontiac Grand Am.

A few minutes later, two FBI vehicles forced the couple to the side of the road and four armed FBI agents approached the car.

Braga fired his M-4 rifle when Schultz moved to unlock his car door to comply with agents' orders. Braga said in court papers that he shot at Schultz when the man appeared to reach for his waist, believing that Schultz was grabbing for a weapon.

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