REPORT: HELRIGGLE HAD WEAPON

Family Maintains Faith in Witness

February 19, 2003 - An over-200 page report issued last week includes
evidence collected, and witness statements made, following the Sept.
27, 2002, shooting death of 23-year-old Clayton Helriggle.

Helriggle was shot by Sgt. Kent Moore, a member of the Preble County
Emergency Services Unit, while the agency was executing a drug-related
search warrant at his Lanier Township residence. Sheriff's officials
reported Helriggle descended the stairs of the farmhouse with a gun in
hand; Helriggle's family and friends continue to contend he held only
a blue cup.

"I think Montgomery County did the best they could do with what they
had to work with," Clayton's mother, Sharon Helriggle, said Monday,
Feb. 17.

Although the report contains evidence to the contrary, the Helriggles
are sticking to their belief.

"We still don't believe Clayton had a gun," she added.

The investigation was conducted by the Montgomery County Sheriff's
Office per a request from Preble County Sheriff Tom Hayes. Montgomery
County investigators were called in immediately following the
shooting, according to the report.

"I did feel comfortable with Montgomery County," Sharon Helriggle
said. "But there are so many discrepancies within the report."

The Search Warrant

According to documents contained in the report, a search warrant was
obtained for the residence at 1282 Ohio 503 South, after Eaton Police
Detective Jeff Cotner received from a "confidential informant" a
telephone call detailing a conversation between two individuals
planning a burglary at the farmhouse, in order to steal "13 pounds of
raw marijuana they had reason to believe was stored at the target residence."

According to an affidavit submitted to show probable cause for a
search warrant, the individuals mentioned guard dogs being on the
premises, and had witnessed a marijuana purchase at the home.

The affidavit stated the informant claimed "the 'dealer' within the
home received weekly shipments of marijuana, between 5-10 pounds each;
that Friday is the busiest day of drug trafficking activity."

According to the affidavit, two PCSO detectives conducted surveillance
of the address on Wednesday, Sept. 25, from 5:30-6:15 p.m., and during
the time period, viewed six different vehicles arrive, and then depart
within 10 minutes.

The document goes on to state: "It would be extremely difficult to
approach the target residence, which is set alone in a rural
environment, without being noticed by the occupants of the home; that
in the affiant's (Cotner's) 16 years of law enforcement experience,
those who purchase and deal in illegal contraband are frequently armed
and dangerous and inclined toward violence; that at least two guard
dogs of a vicious breed are contained within the target residence;
that the nature of the contraband in question is such that it is
easily subject to destruction and spoilation and that any notice of an
impending search of the residence could result in same."

According to the document, Cotner believed "officer safety and
preservation of evidence dictates that a nighttime search of the
residence would be prudent and appropriate."

Judge Paul Henry, on Sept. 27, signed a search warrant, commanding the
search.

Planning the Search

Once the search warrant was approved, according to Montgomery County
officials, ESU Commanding Officer Detective George Pettit began "the
process of notifying the members of the PC ESU. The ESU is made up of
officers from different departments within Preble County."

CareFlight was canceled. It was 7:02 p.m.

Lindloff videotaped the scene. According to the report, the crime
scene was secured, and after Sheriff Tom Hayes, Prosecuting Attorney
Rebecca Ferguson and PCSO Major Wayne Simpson arrived on the scene, a
call for investigation was made to the Bureau of Criminal
Investigation. The report notes, BCI's closest officer was in Ross
County, so it was determined Montgomery County would be asked to
conduct the investigation.

A detective from Montgomery County arrived at the residence at 9:24
p.m.

MCSO Detectives James Kelly and Julie Stephens and Sgt. John Brands
responded to the PCSO to interview the residents of the home.

Evidence Tested

According to forensic reports, tests were completed on the handgun
officers reported finding on the stairwell. Miami Valley Regional
Crime Lab Forensic Scientist Tim Duerr and Serologist David Smith
presented reports in October.

"Duerr presented photographs and commentary discussing damage to the
muzzle portion of the handgun, and believed to be carried by the
deceased. Duerr explained that high velocity damage was discovered at
the front portion of the firearm. Also, the presence of lead was
detected at the site of the damage. He also reported that no other
lead was detected on any other portion of the exterior of the handgun.

"Duerr then discussed a pellet which had been recovered from the
incident location. He advised the pellet had a striation on it that
would be consistent with the markings from the handgun and damage to
the handgun muzzle, which possibly would be consistent with the pellet
striking the front portion of the handgun."

Smith, the report noted, "discussed the blood content on the handgun,
saying there were droplets on the left side of the handgun, which
would be consistent with spray from the wound from the deceased, while
holding the handgun. Smith further advised there was a void of blood
located on the right side of the handgun and again that would be
consistent with the suspect carrying the handgun in his right hand."

Other MVRCL reports indicated "a blue cup was processed for latent
prints with negative results. A Nov. 20 report indicates among other
things, that DNA testing was performed on one blue cup. The comparison
with Clayton Helriggle met with negative results. A total of three
blue cups were tested and failed to indicate the presence of blood."

Believing a Friend

Sharon and Michael Helriggle continue to believe Albert's report that
their son carried only a blue cup when descending the stairwell.
According to a polygraph test, for which results are included in the
document, Albert was being truthful when he answered the following:

"Did you see a gun in Clay's hand as he came down the
stairs? Answer: No."

"Was Clay carrying a gun when he was shot? Answer: No."

"Did you make up the story of Clay carrying a blue
glass? Answer: No."

"I have to go by what our witness said," Sharon said. "The officers
did not take a polygraph test."

The Helriggle family continues to plan further action. They plan on
eventually filing a civil lawsuit, according to Sharon, and continue
to hope the Federal Bureau of Investigation will take up the
investigation.

"We're going to continue fighting this," Sharon said. She noted the
family's belief the team entered their son's residence without
following proper procedures.

"They had a park ranger there who had no SWAT training to bust the
door down," she added.

"This isn't just about Clayton," Sharon added. "It's about getting
Preble County cleaned up."

Grand Jury: a Father's Reaction

A Preble County grand jury declined to hand up any indictments after
hearing several days of witness testimony in the shooting incident and
possible drug trafficking at the residence.

First Assistant Greene County Prosecuting Attorney William Schenk
handled the case, after PC Prosecuting Attorney Rebecca Ferguson
removed herself because she had initiated a consultation with the family.

Both Helriggles have said the decision to not indict was no surprise,
but on Monday, Michael Helriggle said the public "needs to understand
-- the grand jury wasn't looking at the entire case."

According to Michael, the jury was seated to determine two things:
"first, whether Kent Moore entered the house with the intention of
killing Clayton, and second, whether Wes Bradley should be indicted
for drug trafficking.

"I don't think people understand that," Michael said. "They (the grand
jury) did exactly what they were supposed to do. I would not have
wanted to be in those people's shoes."