Suicide by Cop
By Judd McIlvain

It was a warm afternoon for February of 1994, even for North Hollywood in LA. James Smith (not his real name) who was married and had two children, had had seen his home cracked and damages by the Northridge Earthquake. It was not completely destroyed but it would need a lot of work and it had several broken water pipes in the walls.

James like hundreds of Southern Californians did not have earthquake insurance. So he had to come up with about $25,000 to repair his home. About a half block in front of James' home was a freeway on ramp to the 170 Hollywood Freeway, and it had been badly damaged by the quake.

Right after the 45-second quake that struck in the early morning hours the James Smith home began to flood from the broken water pipes in the walls. James quickly got them turned off at the outside water faucet that connected to the city water line. He and his wife cleaned up the house of the flooding damage as best as they could, but they could not live in the house. So the family used their savings to move to a small apartment until they could get their house back in livable condition. Now the kids were out of their school district and James had to drive them each day to their old school early in the morning.

James continued working at his job but would take time to go by his house to check on it and their belongings inside. When he arrived at his house he found Cal Trans highway repair crews parking vehicles in his yard and using the water connection to his house to get water for drinking and washing out equipment. He quickly told them to stop using the water because when they turned it on for their use it also flooded his home again. The crews said ok, but each day when he returned they had the water turned on again and his home and belongings were drowning in water. He begged them to not use his water because it was destroying his home and he did have insurance. Each day when he returned the water was on again. He complained to the Highway Department and nothing was done.

Then that warn afternoon in February came and once again the workmen were in his yard drinking beer and having lunch. They had turned on the water again and his entire house was flooded again. James told me he had more than he could take. He still didn't know how he was going to get his home fixed and these guys could careless about flooding his home each day. He said he begged them to not turn on the water and they just "kissed him off." He said, "I just flipped." James went into the house and got a rifle and shotgun from his closet and came outside with the shotgun and aimed it at the workers and told them he would kill the next person who came on his property. The highway workers scattered and James got in his car and drove off leaving his weapons in his home.

That afternoon I was at KCBS TV-2 in my officer working on a story. An intern took a call and said Judd you need to talk to this guy, he says he is going to kill some workers if you don't stop him. So I took the call and James explained the situation and said he was going back to his home and if those Blank-Blank workers came back for their equipment he would shoot them all. Then James said, when the cops come I will go outside and point my rifle at them and they will shoot and kill me. I have nothing to live for. All my savings are gone, and everything I save to buy my home...it's all gone. Those Blank jerks destroyed my home and they don't care. But I will take them with me. I said James, let me come out and talk to you. We can work this out. When my viewers hear about what has happen to you we will be able to get you some help. James said you had better hurry because I will shoot them if they come near my house again. I called the assignment desk and said I needed a photographer immediately. The desk guy said, "why McIlvain? Is someone going to die if you are late for a consumer story?" I said, " you got it, several some bodies." The photographer and I speed off for the North Hollywood address. We had to use back streets because some of the freeway was down. As we got close to the address I radioed the assignment desk to call LAPD and tell them I had a man who was threatening to kill some highway workers at the home address and that I would be there and not to shoot me. When we arrived at the front door of the home it was almost covered up by heavy highway equipment. James met us at the door with a shotgun in one hand and a rifle in the other. My photographer said I don't think we should go into that dark house alone with this guy. At that moment his wife appeared at the door and said don't worry he won't hurt you Mr. McIlvain, he just wants to kill those Blank highway workers. I said something like "oh good" and we went in. James held the rifle and told us to sit. I told him the photographer would be shooting all the time. James said "no way shut the dam thing off." I told him I could not help him on TV if we did not take the pictures. I said you have seen all my stories on TV, we always have pictures of what is going on. He finally agreed. But there was no power in the house and it was really dark in the living room for the video.

We talked about the situation for about five minutes and then his wife who was watching out the front door said the cops had arrived. James said I just want you to know why I was going to let the cops kill me. He said remember the guy who killed all those people at the McDonalds and then he was killed by the cops and no one knew why he did it. I said yes I remember. James said this way you can tell people why I forced the cops to shoot me. His wife was not saying much. Then she said here comes two of those highway workers to get the truck. James dashed to the door and pointed his rifle out the door at the workers. Recalling all my training as a Military Police Officer I yelled "put it down James" and grabbed him with both hands. Now I had James in a massive bear hug and he could not raise his rifle. He said let me go I want to kill them and let the cops kill me. I said James I am going to hug you until you give up that rifle. At this point two police officers were approaching the house and I was still hugging James and I said to the photographer go outside now, he did and then I pushed and walked James in the bear hug out the front door. The rifle was pointed down at his feat and he could not raise it. The officer yelled gun, and I yelled back don't shoot I have the gun. James was stunned for a moment and I grabbed the rifle and said I have the weapon. I put the rifle high above my head and the officers quickly grabbed me and James and took the weapons. The officer knew me and I explained what happen. They confiscated the guns but did not charge James. The Sgt who knew me said, Judd we didn't see him do anything wrong do you want to press charges? I said no and thanked the officers. James, his wife and I went back to his apartment. The officers talked to the workers' supervisor and told them not to turn on the water any more and get the highway equipment out of his yard.

James broke down and cried when we met his kids back at his temporary apartment. Later all this was on the news and on the "Geraldo Show." This is when the "Geraldo Show" had news.

No police officer I know wants to kill someone who simply wants to commit suicide, but when someone points a gun or rifle at you....we all want to go home every night....so you have to shoot before they shoot you.

This story of a man taken to the breaking point by an unjust and unfair situation had a happy ending. I think James really called me because he didn't want to commit suicide by cop but he didn't know what to do.

A special thanks to my friend the LAPD Sgt., he should be about ready to retire by now. Sarg...don't hang it up right now, we need more officers like you working with people.

Filed November 2002.