Tuesday, 9 December 2014

Almost anyone can be an armed guard





  • There are no national standards or vetting for people applying to be armed security

  • One man got a license even though he was banned from possessing a firearm

  • Some people have been killed by guards who might not have had enough training or checks




Editor's note: CNN teamed up with The Center for Investigative Reporting to examine the licensing of armed security guards. During a yearlong investigation, we examined training standards for armed guards in all 50 states, and conducted dozens of interviews with regulators, security company owners, trainers and guards. Tune in to Anderson Cooper 360˚ on Wednesday at 8 p.m. ET for Part Two.


(CNN) -- They carry a gun, often wear a badge and might look like police officers.


But armed security guards, on patrol at all hours throughout the United States, have lax training standards and haphazard oversight.


While a manicurist in California must complete 400 hours of training to be licensed, an armed guard gets authorized after 54 hours, including just 14 hours of firearms training.


In 15 states, no firearms training is required at all.


And incidents involving armed guards -- perhaps accidents or caused by ignorance -- can be deadly.


In Nevada, a guard fired his gun into the air outside a rowdy teen dance. When the bullet came down, it struck and killed a teenage bystander.


And in Colorado, which has no statewide training requirements, an armed guard at a high school agreed to drive a student home. When he handed the student his gun to put away, it went off, firing a bullet through the student's leg.


A yearlong investigation by CNN and The Center for Investigative Reporting found there are no federal training standards for armed guards and no national database of how many shoot or misuse their guns.


The backgrounds of those allowed to work in armed security are also varied. The CNN/CIR investigation found armed guards with criminal records for domestic violence, drug and alcohol offenses and even revealed former law enforcement officers with serious disciplinary problems who found new careers in security.


Yet they come under little scrutiny until something goes wrong.


Lukace Shane Kendle is charged with murder in connection with a shooting outside Club Lexx, a Miami strip club also known as Club Rol-Lexx, on June 1, 2012.


He was working as an armed security guard when he saw Kijuan Byrd and Michael Smathers sitting in a pickup in the parking lot. He told police he thought they were "rolling marijuana."


Kendle told police that one of the men shouted that he was going to kill him.


Then, he said, both car doors swung open, and he feared his "life was in danger" as he believed one of the men had a weapon.



Bouquet


Kijuan Byrd in a family photo with his daughter. He was killed by an armed guard.



Kendle fired at least 12 shots -- eight times at Byrd, including at least four at his back as he crawled under the truck. Byrd was killed. Smathers survived the shooting but was paralyzed. No weapon was found.


In an interview, Smathers said he and Byrd were taking a break from watching a basketball game in the club when they encountered Kendle.


"And basically, we see the security, he sees us and there were no words even exchanged," Smathers said. "We never said a word to this guy at all. The only thing I remember was opening my car door, and him telling me to put my hands up. After that, I was shot."


Smathers said he is now largely confined to his home, watching TV most of the day.



Bouquet


Michael Smathers is paralyzed and virtually housebound, after he was shot by Lukace Kendle.



Donald Byrd, Kijuan Byrd's father, said, "That's a hole in my heart, that's my baby. He's gone; he can't come back. I miss him, I miss him like crazy."


Kendle had convictions for DUI and public drunkenness, but those offenses did not disqualify him from getting an armed guard license in Florida. However, according to records, he failed to disclose that he had been discharged from the Navy for several alcohol-related offenses.


That could have disqualified him from being licensed.


Belgrave Arellano, the owner of Force Protection Security, the company that hired Kendle, declined repeated requests for an interview. Arellano's attorney, Doug Jeffries, said Kendle had all the necessary training and background checks when he was hired.


After the shooting, the jail psychiatrist examined Kendle and diagnosed him with "impulse control disorder" and "anti-social personality disorder." A follow-up examination by a court-appointed psychiatrist concluded there is a "substantial likelihood" he is "suffering from a mental illness." The most recent diagnosis by court-appointed psychiatrists found "unspecified schizophrenia spectrum" and "other psychotic disorder."



Bouquet


Lukace Kendle called 911 to report the shooting.



Kendle, who pleaded not guilty, has been deemed unfit to stand trial.


Read Kendle's case as a graphic novel by The Center for Investigative Reporting


While mental health evaluations are standard for police officers, only four states require them for armed guard applicants. Florida is not one of those states.


Kendle's mother, Cris Kendle, denied he had any mental issues before being put in jail, during which time she says he was beaten by other inmates and put in isolation.


"He's had to have stitches on his face, they had to put him in isolation for longer than 15 months -- isolation. Nobody stays normal in isolation at that amount of time," she said.


If questions could have been raised about Kendle becoming licensed as an armed security guard, they could have been shouted about former armed guard Joshua Kosatschenko.


In his case, poor government oversight allowed someone who was prohibited from carrying a gun to get a license to be an armed security guard.


The CNN/CIR investigation found that 27 states do not check whether a potential armed guard is banned by federal law from carrying a gun.


Nine states don't even conduct FBI criminal background checks.





Read more from CIR on how armed guards may not be fit for duty


Kosatschenko was a "prohibited possessor" -- meaning he may not carry a gun until he is at least 30 because of a juvenile record that included an aggravated assault with a deadly weapon when he was 13.


But Arizona did not check the federal database before approving the license request of Kosatschenko, then 19. Nor did the state look for Kosatschenko's juvenile record, one that he had neglected to disclose. Capt. Steve Enteman, the head of the compliance and information services bureau of the Arizona Department of Public Safety, said they could have checked the juvenile record if Kosatschenko had disclosed it.


Six weeks after getting his license in 2009, Kosatschenko was guarding a convenience store in Tucson. He and another security guard ran outside after three shoplifters who had stolen food. There was a scuffle, and Kosatschenko shot through the window of the getaway car where Daniel Tarango was waiting for his friends, police and court records show.


Tarango, who unarmed and 18 at the time, ended up paralyzed and in a wheelchair.



Bouquet


Daniel Tarango was left paralyzed after he was shot by an armed guard who should not have been licensed.



Kosatschenko was initially arrested for attempted murder. But that charge was dropped, and he was ultimately indicted and convicted of violating the law that banned him from possessing a gun. He served probation and maintained in court documents that was justified in the shooting.


After the shooting, Arizona added a box to the security guard form, which now asks whether the applicant is a prohibited possessor. However, Enteman acknowledged that Arizona still does not check that database.


Kosatschenko still works for the same Phoenix security company, Valley Protective Services. He is not armed anymore and, according to his LinkedIn profile, works as a corporate trainer. Both Kosatschenko and Valley Protective Services declined to be interviewed.





We want to make sure this guy... is not going to be a problem himself.

Steve Amitay, National Association of Security Companies




Tarango is now 23. He makes no excuse for being at the store that day but said he still can't believe he almost got killed over stealing some food.


"I have post-traumatic stress disorder. You know, since that happened, I always feel like when I'm driving, that someone is going to try to open up my door and pull me out of my vehicle," Tarango said.


Read more from CIR on the weak links in security guard licensing


There are some calls for tougher standards. Steve Amitay, a lobbyist and general counsel for the National Association of Security Companies, wants at least FBI criminal background checks for anyone who wants to be an armed guard.


Armed guards are in a position of trust, he said, and "we want to make sure this guy is properly vetted and is not going to be a problem himself."


Have you had interactions with armed security guards or worked in the industry yourself? Do you think the training and oversight work? If not, why not? Tell us in the comments below.


Got a tip about something CNN should investigate? Let us know.


CIR reporter Shoshana Walter and former CIR reporter Ryan Gabrielson contributed to this report.


Watch Anderson Cooper 360° weeknights 8pm ET. For the latest from AC360° click here.



New Ferguson documents released





  • The St. Louis County prosecutor's office releases hundreds more documents

  • They include witness interviews and an autopsy from a Justice Department medical examiner

  • They don't include FBI interview with Michael Brown's friend and witness Dorian Johnson

  • Prosecutor had vowed to share all witness testimony; now says some records must be secret




(CNN) -- Weeks after a grand jury chose not to indict the officer who shot Michael Brown, officials have released a new mound of documents from the weeks of proceedings.


They include more witness interviews, an autopsy conducted by a Justice Department medical examiner, as well as radio communications from the day of the shooting, which CNN has reported on previously.


The documents do not seem to shed any new light on the events that led to Officer Darren Wilson shooting Brown.


On November 24, the day the grand jury's decision was announced, the St. Louis County prosecutor's office released thousands of documents from the proceedings. Among the details that emerged: Wilson fired his gun 12 times; the officer said he feared Brown could beat him to death; and Wilson said he was not carrying a stun gun because "it is not the most comfortable thing. They are very large."





Ferguson Unrest -- How did we get here?




Audio provides clues to Ferguson shooting




Should police still be 'militarized'?








Washington University students march through a student lounge on the St. Louis campus as part of a nationwide walkout on Monday, December 1. Activists called for students to walk out of school and employees to walk off the job nationwide to protest police violence. A grand jury's decision not to indict Darren Wilson, a white police officer, in the August shooting death of unarmed black teenager Michael Brown has prompted demonstrations in Ferguson, Missouri, and across the country. See photos of the unrest in Ferguson.Washington University students march through a student lounge on the St. Louis campus as part of a nationwide walkout on Monday, December 1. Activists called for students to walk out of school and employees to walk off the job nationwide to protest police violence. A grand jury's decision not to indict Darren Wilson, a white police officer, in the August shooting death of unarmed black teenager Michael Brown has prompted demonstrations in Ferguson, Missouri, and across the country. See photos of the unrest in Ferguson.



Students at Jackson State University in Jackson, Mississippi, participate in the walkout on December 1.Students at Jackson State University in Jackson, Mississippi, participate in the walkout on December 1.



Protesters join in the walkout at Union Square in New York on December 1.Protesters join in the walkout at Union Square in New York on December 1.



Students at Clayton High School in Clayton, Missouri, take part in a "die-in" protest in the school cafeteria on December 1.Students at Clayton High School in Clayton, Missouri, take part in a "die-in" protest in the school cafeteria on December 1.



Boston Arts Academy students and supporters march in downtown Boston on December 1.Boston Arts Academy students and supporters march in downtown Boston on December 1.



Members of the St. Louis Rams raise their arms as they walk onto the field in St. Louis before their NFL game against the Oakland Raiders on Sunday, November 30. Members of the St. Louis Rams raise their arms as they walk onto the field in St. Louis before their NFL game against the Oakland Raiders on Sunday, November 30.



Officers wearing riot gear walk through a park in downtown St. Louis on November 30.Officers wearing riot gear walk through a park in downtown St. Louis on November 30.



Several hundred people march down M Street in Washington during a Ferguson protest on Saturday, November 29.Several hundred people march down M Street in Washington during a Ferguson protest on Saturday, November 29.



Demonstrators in Brentwood, Missouri, protest inside the Galleria shopping mall on Friday, November 28. The protests forced some retailers to temporarily shutter their entrances on the busiest shopping day of the year. Demonstrators in Brentwood, Missouri, protest inside the Galleria shopping mall on Friday, November 28. The protests forced some retailers to temporarily shutter their entrances on the busiest shopping day of the year.



A protester is arrested in New York during the Macy's Thanksgiving Day Parade on Thursday, November 27.A protester is arrested in New York during the Macy's Thanksgiving Day Parade on Thursday, November 27.



A protester sits in the back of a police bus after being arrested during a demonstration in Los Angeles on Wednesday, November 26.A protester sits in the back of a police bus after being arrested during a demonstration in Los Angeles on Wednesday, November 26.



Protesters gather on the steps of the National Portrait Gallery in Washington on Tuesday, November 25.Protesters gather on the steps of the National Portrait Gallery in Washington on Tuesday, November 25.



A protester adds wood to a fire burning in Oakland, California, on November 25.A protester adds wood to a fire burning in Oakland, California, on November 25.



A woman joins a rally near Los Angeles police headquarters on November 25.A woman joins a rally near Los Angeles police headquarters on November 25.



Protesters gather in Eugene, Oregon, on November 25.Protesters gather in Eugene, Oregon, on November 25.



Protesters in Atlanta block all northbound lanes of Interstate 75/85 near the Georgia state Capitol on November 25.Protesters in Atlanta block all northbound lanes of Interstate 75/85 near the Georgia state Capitol on November 25.



Businesses were looted in Oakland on November 25, including a T-Mobile store.Businesses were looted in Oakland on November 25, including a T-Mobile store.



People march in Newark, New Jersey, on November 25.People march in Newark, New Jersey, on November 25.



Hundreds of demonstrators gather to protest in Washington on November 25.Hundreds of demonstrators gather to protest in Washington on November 25.



Protesters gather outside Los Angeles police headquarters on November 25.Protesters gather outside Los Angeles police headquarters on November 25.



Schoolchildren from the Potomac Preparatory Charter School take part in a "die-in" November 25 during a protest outside the Office of Police Complaints in Washington.Schoolchildren from the Potomac Preparatory Charter School take part in a "die-in" November 25 during a protest outside the Office of Police Complaints in Washington.



Students at the University of Minnesota in Minneapolis rally in support of police brutality victims on November 25. Students at the University of Minnesota in Minneapolis rally in support of police brutality victims on November 25.



Demonstrators gather November 25 outside the Minneapolis Police Department's Third Precinct.Demonstrators gather November 25 outside the Minneapolis Police Department's Third Precinct.



Protesters march up New York's Seventh Avenue on Monday, November 24. Protesters march up New York's Seventh Avenue on Monday, November 24.



A protester in New York scuffles with police during a march toward Times Square on November 24.A protester in New York scuffles with police during a march toward Times Square on November 24.



Demonstrators gather around a fire in the streets of Oakland on November 24.Demonstrators gather around a fire in the streets of Oakland on November 24.



Protesters block Interstate 580 in Oakland on November 24.Protesters block Interstate 580 in Oakland on November 24.



Seattle police attempt to push back protesters with pepper spray and flash-bang grenades on November 24.Seattle police attempt to push back protesters with pepper spray and flash-bang grenades on November 24.



A Seattle protester pours milk in his eyes after being tear-gassed on November 24.A Seattle protester pours milk in his eyes after being tear-gassed on November 24.



A protester in Denver holds up his arms during a moment of silence November 24 at Civic Center Park.A protester in Denver holds up his arms during a moment of silence November 24 at Civic Center Park.



A crowd in Washington gathers outside the White House on November 24.A crowd in Washington gathers outside the White House on November 24.



Demonstrators march down a street in Washington on November 24.Demonstrators march down a street in Washington on November 24.



Community activist Najee Ali speaks in Los Angeles' Leimert Park on November 24.Community activist Najee Ali speaks in Los Angeles' Leimert Park on November 24.



Protesters in Los Angeles lie down in a major intersection to block traffic on November 24.Protesters in Los Angeles lie down in a major intersection to block traffic on November 24.



Protesters march near Chicago police headquarters on November 24.Protesters march near Chicago police headquarters on November 24.




Ferguson protests across U.S.

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Photos: Ferguson protests across U.S.Photos: Ferguson protests across U.S.



The latest document release does not include one notable element: the FBI interview with witness Dorian Johnson, Brown's friend who was with him at the time of his shooting.


Despite the promises of St. Louis County Prosecutor Bob McCulloch, who had promised to make all witness testimony in the case public, McCulloch's office told CNN affiliate KSDK that it has kept some records secret at the request of federal authorities, who are still investigating the incident.


Executive assistant Ed Magee said the office had "turned over and relinquished control" of the FBI's interview, according to USA Today. He said the FBI asked the county not to release records that are part of an ongoing federal civil rights probe.


What Darren Wilson told the Ferguson grand jury


The Justice Department autopsy found that Brown's multiple gunshot wounds included one in the right hand at close range. Those findings are similar to previous autopsy results.


CNN's Rachel Clarke and Mariano Castillo contributed to this report.