An Evaluation and Assessment of the Law Enforcement Tactical Response to the Virginia Tech University Shootings of Monday, 16 April 2007
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AFTER ACTION REVIEW AN EVALUATION AND ASSESSMENT OF THE LAW ENFORCEMENT TACTICAL RESPONSE TO THE VIRGINIA TECH UNIVERSITY SHOOTINGS OF MONDAY, 16 APRIL 2007 BY ARCHANGEL GROUP, LTD. www.antiterrorconsultants.org 5 SEPTEMBER 2008 1 Copyright 2008 by John P. Giduck and Walter D. Chi* *The copyright of this report excludes the expert tactical opinion of CSM Mel Wick in Section VIII, and the legal opinion of Mark Baganz, Esq., in Section IX. 2 TABLE OF CONTENTS Section Page I. Preliminary Aspects of Investigation and Report 5 II. Introduction 12 III. General Background 13 IV. The Life of Seung-Hui Cho 18 V. Cho’s Attack on WAJ and Norris Halls 34 VI. Substantive Aspects of the Law Enforcement and Medical Response to Shootings 59 VII. Hindsight 74 VIII. Expert Tactical Opinion of Law Enforcement Response to Shootings 80 IX. Federal Legal Standards for Law Enforcement in the U.S. in Similar Situations 84 X. Efficacy of Law Enforcement Decision-Making 105 XI. Conclusion 121* * Addenda to Report and Table of Contents continued on next page. 3 TABLE OF CONTENTS CONTINUED ADDENDUM A 130 Figure 1 - Diagram of Burruss, Norris and Holden Halls, with new building under construction to northeast illustrated. 131 Figure 2 – Map of campus. 132 Figure 3 – Diagram of First Floor, Norris Hall with entry points of LE 133 Figure 4 - Diagram of Second Floor Norris Hall, Depicting Cho’s Initial Movements Once Inside (attacking rooms 206, 207 and first assault on 211) 134 Figure 5 – Partial Map of Campus Depicting Routes Taken from WAJ to Norris Hall by Responding LE 135 Figure 6 – Diagram of Attempted Breach Points for Each of the Three Law Enforcement Entry Teams 136 Figure 7 – Diagram of Norris Hall, Second Floor, Depicting Cho’s movements from his first attack on Rm. 211, then onto Rooms 206, 207 and 204 137 Figure 8 – Arriving LE and Initial Movement Around and Inside Norris Hall 138 Figure 9 – Final Movements of Cho 139 Figure 10 – Movement of Team Three on Norris Hall, Third Floor 140 Figure 11 – Search of the Second Floor of Norris Hall 141 ADDENDUM B – Bio of Tactical Expert CSM Mel Wick (ret.) 142 ADDENDUM C –Bio of Legal Expert Mark Baganz, Esq. 143 Contact Information for Archangel and VTPD 144 4 I. PRELIMINARY ASPECTS OF INVESTIGATION AND REPORT A. INVESTIGATING TEAM Upon the occurrence of the shootings at Virginia Tech University (hereinafter referred to as “VT” and “Virginia Tech”) a team was immediately assembled through the efforts of law enforcement officer and trainer Frank Borelli, together with the expressed initial interest of several law enforcement associations, to conduct a tactical assessment of the law enforcement response. This effort, and the corresponding investigation, had begun prior to the announcement from Virginia Governor Timothy M. Kaine of a special panel to review various aspects of the tragedy, and recommend steps to prevent, and better respond to, attacks on college campuses in the future. As this investigation, and efforts to bring factual information to law enforcement throughout America, had already commenced prior to the Virginia Governor’s announcement, the decision was made that it would continue under the auspices of the Archangel Group, Ltd., a U.S. NGO providing training and consulting to U.S. military, law enforcement and government agencies, in addition to schools of all levels, in the fields of terrorism, security and combat tactics. From the start of this investigation, the following individuals were integrally involved in the effort at different points: Joseph Bail, Jr. is a 36-plus year police veteran, and is currently a Major with the Chester, Pennsylvania Police Department in the Philadelphia area. Major Bail is the oversight commander of the SWAT team, created the SWAT-integrated Tactical Dive Unit, and also commands the Search and Recovery Dive Team. He studied Criminology at Indiana University of Pennsylvania and graduated from Widener University’s Paralegal Studies program. He was an Adjunct Instructor of Police Studies at Delaware County Community College. In February and March 2005, he traveled to Russia to assist in the investigation into the mass-hostage taking and battle at the Beslan Middle School No. 1, in North Ossetia Russia in September 2004. As well, he traveled to Bailey, Colorado to review the hostage taking and murder that occurred at the Platte Canyon High School on 27 September 2006. He regularly provides training on school security to law enforcement and schools. Major Bail was present during every research trip to Virginia Tech and Blacksburg. Mark Baganz, Esq. is a 34 year practicing attorney, who has defended police officers in liability litigation. He is a national expert in law enforcement liability issues, such as training and use of force. He has represented numerous officers over the years, and has been consulted by different attorneys, law enforcement agencies and individual officers concerning law enforcement issues and has provided legal training to agencies and officers throughout the U.S. He is a former member of the Advisory Board of The Police Marksman Magazine, and has authored many articles on the legal aspects of, and liability 5 protection in, law enforcement. Attorney Baganz was present at Virginia Tech for certain aspects of the investigation and reviewed all available information on the training of the two primary responding agencies in order to conduct a legal assessment. For more information, see Addendum B. Frank Borelli is an experienced law enforcement veteran. He is a recognized trainer and instructor with the Borelli Consulting agency and manages a law enforcement blog that provides current and innovative information on training, tactics and equipment for American police. Mr. Borelli was at Virginia Tech for the initial research effort. Walter Chi has held the position of Director of Training with the Archangel Group, Ltd. for the past four years. He is a graduate of Boston University, with a bachelor’s degree in Finance. He is an assistant civilian instructor to U.S. Army Special Forces, other military units, SWAT and patrol officers in defensive tactics (hand-to-hand combat) and close- quarters combat firearms through the REACT© course (Rapid Engagement and Close- quarters Tactics) taught by Archangel Group, Ltd. He holds a black belt and has been inducted into the USA International Martial Arts Hall of Fame. A former national Olympic weightlifting and state wrestling champion, he provides assistance to various agencies in physical conditioning training. In 2007 he was an honor graduate from a Colorado law enforcement POST academy and is now employed in his first law enforcement position, while continuing to provide assistance to Archangel. Mr. Chi made several trips to Virginia Tech and Blacksburg as part of this investigation. He co- authored this Report. William Finnegan is a former Navy corpsman. He currently works with the Department of Homeland Security. Mr. Finnegan was present at the start of the first investigatory trip to Virginia Tech. John Giduck is a senior consultant and instructor with the Archangel Group, Ltd. He has a master’s degree in Russian studies from the University of Colorado and St. Petersburg State University in Russia; a law degree from the University of Denver; and is completing his Ph.D. dissertation on the global expansion of radical Islam through King’s College of London. He has been a licensed attorney for the past 23 years. He is also the author of the book, Terror at Beslan: A Russian Tragedy With Lessons for America’s Schools, and co-author along with Special Forces Sergeant Major (ret.) John A. Anderson of, The Green Beret In You: Living With Total Commitment To Family, Career, Sports and Life. He provides training to schools as well as military, police and government agencies throughout the U.S., and has written numerous articles on terrorism and law enforcement tactics. Mr. Giduck was present during every research trip to Virginia Tech and Blacksburg, and conducted numerous other aspects of the research and investigation. He co-authored this Report. Christian Hays is a former Marine sniper and saw combat in Mogadishu, Somalia during the Blackhawk Down incident. He is an 18-year law enforcement veteran, SWAT team member and sniper. Mr. Hays was present during the first three of five research and investigation trips to Blacksburg and Virginia Tech. 6 Of the Archangel Team members that conducted the investigation into the Virginia Tech shootings, a significant amount of experience was brought to bear. The Team members included police officers, investigators, SWAT members and commanders, attorneys, and law enforcement instructors and trainers. In aggregate, those participating in this effort possessed close to 100 years of criminal justice, legal, criminal justice teaching, law enforcement and law enforcement-related experience, including academic and tactical training. B. FINANCIAL DISCLOSURE Expenses incurred in the investigation of the VT tragedy were borne by Archangel Group, Ltd. No one of the team members – who were not employees of Archangel - received any compensation beyond reimbursement of their individual expenses, and in certain instances incurred their own costs that were not reimbursed. Where time from regular employment was taken, or accrued vacation time used from their regular employment, none of that lost income was reimbursed. C. REPORT AUTHORS This Report was written by John P. Giduck and Walter D. Chi. The tactical assessment and expert opinion in Section VIII was written by CSM Mel Wick (ret.), and the legal assessment and expert opinion in Section IX was written by Mark Baganz, Esq., and the copyright of this Report by John Giduck and Walter Chi expressly excludes those portions of the Report. D. PURPOSE OF REPORT This Report is intended to be used as a tool for law enforcement and school security for both tactical planning and response, and school emergency planning purposes.