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Rice, Dowdell Slayings
KBI's Report on Disturbances
KBI Director Harold Nye said then that another report could be expected this week, but that portion may never be made public, according to Edward Collier, assistant attorney general. (See story, page 1.)
At the request of the City Manager of Lawrence, the County Attorney of Douglas County and law enforcement representatives in the Douglas County area, the Attorney General's office has made a comprehensive investigation of the various events contributing to civil disturbances in Lawrence from the period of July 16, 1970, through the evening of July 20, 1970. Attorney General Kent Frizzell indicated the results of the intensive investigation by members of the Kansas Bureau of Investigation (KBI) and staff of the Attorney General's office. Agents of the KBI have made a thorough investigation of all scenes involved in the disturbances, interviewed any and all witnesses of whose names they were made aware, and interviewed anyone volunteering information to law enforcement officials. For a period of approximately two weeks after the evening of July 20, approximately one third of the entire staff of the Kansas Bureau of Investigation participated in the investigation. In addition to the leads and information revealed by direct KBI involvement, the public was informed about July 29 that anyone having information relating to the various incidents under investigation should report that fact to the KBI. Mr. Frizzell indicated that as a result of efforts by the agents, the following information was developed.
Woman Is Wounded
Occurrences in Lawrence culminating in the shooting death of Rick D. Dowdell began at approximately 10:15 p.m. July 16, when the Lawrence Police Department received a call reporting shots fired in the vicinity of New York School, located in the 900-block of New York Street. While one patrol car was en route to this call, another call was received stating that Mrs. Mildred J. Johnson was wounded in one leg by gunfire as she and her husband were standing in their back yard, adjacent to Ninth on New York Street.
Afro House Shooting
At about the same time Mrs. Johnson was wounded, Melvin Eugene Reynolds of 1837 Tennessee was wounded as he was sitting on the porch of the Afro House, $946\frac{1}{2}$ Rhode Island. Reynolds stated that he was seated in an upright position on the porch of the Afro House when he was struck in the head and shoulder by pellets from a shotgun discharge. Reynolds stated that he believed he had been shot from a blast coming from a police car that had been patrolling the area. The Lawrence Police Department reported that it had no police car at the Afro House at the time Reynolds alleged he was shot, although there had been a patrol car there several minutes prior to the time Reynolds was wounded.
On this page, the Kansan presents a condensed version of the Kansas Bureau of Investigation's study of the July turmoil at KU. The report was released last Friday.
Dowdell Killed
At the time Mrs. Mildred Johnson was wounded on the evening of July 16, 1970, the two persons who fired upon her were seen fleeing into the Afro House. The fact that these subjects entered the Afro House was observed by a witness and police officers who had arrived at the scene.
The two police officers who observed the subjects entering the Afro House responded to a call of the Johnson shooting. As the patrol car containing these two officers entered the scene of the Johnson incident, the car was fired upon by unknown persons. Officers in the car observed the two individuals referred to previously, with what appeared to be pistols in their hands, as they ran across 10th Street and subsequently entered the Afro House.
Other officers then commenced surveillance of the Afro House.
Shortly thereafter, two persons were observed coming from the front of the Afro House and entering a light-colored Volkswagen. The Volkswagen left the Afro House, traveling west on 10th Street. Information concerning this occurrence was radioed to Officers Garrett and Avey who were participating in the surveillance. While police officers were following the Volkswagen in question, the latter vehicle ran two stop signs, traveled in excess of the lawful speed limit, and was driven in a reckless manner. In addition, after the red light and siren on the police vehicle were activated, the Volkswagen failed to respond.
The Volkswagen failed to negotiate a turn into the north end of the alley in the 900 block between Rhode Island and New Hampshire. The vehicle ran upon the sidewalk and stopped. As the police car was pulling to a stop at the rear and right side of the Volkswagen, a Negro male (later identified as Rick Dowdell) was observed getting out of the vehicle on the passenger side. This subject passed within a few feet of the front of the police car and ran south down the alley.
NOTE: One witness in the area of Ninth & New Hampshire stated that while the Volkswagen was being pursued, there were no shots exchanged between the two vehicles. Franki Cole, the driver of the VW, stated that no shots were fired prior to the time her vehicle came to a stop. Three witnesses who were one-half block away reported that Dowdell ran rapidly down the alley after getting out of the Volkswagen. Miss Cole stated that Dowdell walked hurriedly or trotted down the alley.
When the subject passed in front of the police car, Avey and Garrett observed a long-barrel revolver in the left hand
of the subject. At that time, the subject was described by officers as a Negro male in his late teens, wearing a blue denim jacket with no shirt. The officers did not recognize the subject.
NOTE: Witnesses could not tell whether there was a revolver in subject's hand. Miss Cole stated that she did not see a revolver in Dowdell's hand when he left the car.
Garrett pursued the subject on foot and commanded the subject to stop. The subject failed to stop, and Garrett fired a warning shot into the air.
NOTE: The subject and Garrett were out of the view of all witnesses when all shots were fired.
The subject then ran east into the back yards of 905 and 909 Rhode Island. Garrett took up a position at the southwest corner of a building located next to the alley behind 905 Rhode Island.
At this point, Garrett commanded the subject to drop his gun. Without reply, the subject turned and fired the revolver at Garrett.
Immediately Garrett returned one shot at the subject. Garrett and the subject were 60 to 70 feet apart when the two shots were exchanged.
The subject then ran west to the alley and south down the alley. Garrett fired three shots at the subject running south. The subject was struck by one of the shots fired by Garrett and fell 259 feet south of Ninth Street and five feet west of the east edge of the alley. A .357 magnum Ruger revolver was laying beside the subject. The subject was wearing a shoulder holster on his right side, under his jacket.
Miss Cole has stated that she heard only one shot after Dowdell and Garrett went into the alley. As a result of KBI interviews of a number of witnesses in the area where the shooting took place, a total of twelve witnesses stated that they heard four to six shots fired. Three witnesses stated that some of the shots sounded like they came from a different gun from the other shots. One witness stated that one shot sounded as if it came from a different weapon than the other shots. A total of sixteen witnesses stated they heard more than one shot.
The coroner pronounced Dowdell dead at the scene. An autopsy was performed, and the cause of death was determined to be a cerebral laceration caused by a single gunshot wound to the head.
The driver of the Volkswagen was found to be Miss Cole. Miss Cole was detained by Avey and then by Brian Hampton, a security guard. While in the Volkswagen, Miss Cole made the statement to Hampton that the man had pulled a gun on her and she wanted to know what was going on. Miss Cole was taken to the police station; she refused to give a statement to the county attorney on the advice of her attorney. Miss Cole also
refused to testify at the coroner's inquest July 22 because she would not be granted immunity by the county attorney.
Later, Miss Cole did give a statement to KBI agents in the presence of her attorney. She indicated that she was not aware that the patrol car was chasing or attempting to stop her. When her car came to a stop, Dowdell got out of the car and started down the alley.
Miss Cole stated no shots were fired prior to the one just described.
Buckshot Hits Officer
On July 17, 1970, at approximately 10:25 p.m., Lt. Eugene V. Williams of the Lawrence Police Department was wounded in a gun battle between four Lawrence policemen and as many as 50 Negro males. Lt. Williams was wounded by what is thought to be one slug of 00 buckshot, which entered his right side and lodged near his spine and twelfth rib, after following the tib cage.
Numerous events preceding this gun battle were reported to the Lawrence Police Department:
- Through the evening the Police Department received numerous complaints of Negro males shooting out street lights in the vicinity of New Jersey, New York, and Pennsylvania Streets along Tenth Street.
- A COMPLAINT was received that a man had been fired upon while he was in his automobile. The shots had shattered the windshield and damaged the right front fender of the car.
- The Police Department was advised that 45 Negro males, all carrying long guns or sidearms, were marching east on Tenth Street from New Jersey towards Pennsylvania. This call was received at the Police Department, but was interpreted as four or five rather than 45.
Four Lawrence police officers were dispatched to the intersection of Tenth & Pennsylvania in answer to these disturbance complaints, and while en route at least two of the patrol cars were fired upon.
As they approached this intersection, Lt. Williams was walking on the sidewalk, which is some ten to twelve feet elevated above the curb line of the street on the east side of Pennsylvania south of Tenth. As he stepped from behind some evergreen trees located at this corner, two shotgun blasts were fired at him from across Tenth Street to the north and slightly east Lt. Williams immediately said to one of the other officers that he had been hit.
Officers radioed for assistance, advising that an officer had been wounded at their location. Shortly thereafter, an ambulance and three additional patrol cars arrived at the scene. Lt. Williams was evacuated to Lawrence Memorial Hospital. The three additional patrol cars had contained six officers. These six and the remaining three of the original assignment then were involved in another gun battle at the same location.
Killing of 'Nick' Rice
The last major incident involved confrontations between Lawrence police and demonstrators in the 12th and Oread area adjacent but north of the University of Kansas campus. As a result of those confrontations, Harry Nicholas Rice was found shot to death and Merton Olds was wounded in the right leg.
At 7:30 p.m., the Lawrence Police Department responded to a call at the Rock Chalk Cafe at 12th and Oread. Upon their arrival, they found a fire hydrant located on the northeast corner of 12th and Indiana opened, and a small series of fires burning on the southeast corner of the intersection at 12th and Oread. As the problems were cured, officers left the area.
An hour and a half later a second call from the vicinity of the Rock Chalk Cafe and Tavern was received. Again, a fire hydrant located on the northeast corner of 12th and Indiana was opened, and again small fires were noted on the southeast corner of 12th and Oread. Shortly after officers arrived, they were pelted by rocks, bricks and tomatoes thrown from the south. The crowd of demonstrators that had gathered was dispersed, and the Rock Chalk Cafe was closed.
At approximately 10:00 o'clock p.m. on the same evening, a third call was received from the vicinity of the Rock Chalk. It was reported that two fire bombs had been thrown in the Rock Chalk. A fire truck had responded to the call also, and the truck was preparing to leave and policemen were conversing with the firemen, a noise was heard south of their location. As the fire truck pulled away, the policemen noticed a red Volkswagen turned over in the middle of the street. Officers started in the direction of the Volkswagen, some tear gas was thrown in the direction of the crowd which had formed around the Volkswagen, and an unknown white male was observed standing on the southwest side of the vehicle striking matches and throwing them at the vehicle. Police weapons were fired. Rice was later discovered dead.
We cannot demonstrate that he was killed by a police bullet. We cannot demonstrate he was not killed by a police bullet. One shot was fired at a fleeing felon. We cannot demonstrate that that bullet struck Rice.
When police approached the Volkswagen, they did not use riot control techniques. They really weren't attempting to disperse a crowd at that time, but instead were attempting to stop a fleeing felon. The police were not armed for riot control.
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