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AG: Deputy says shooting was an accident

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By CLARENCE MABIN / Lincoln Journal Star

Monday, Aug 21, 2006 - 06:29:00 pm CDT

A Richardson County Sheriff’s deputy has claimed he accidentally shot a Falls City woman during a suspected drug deal between the woman and a nursing home resident earlier this month, Attorney General Jon Bruning said Monday.

Ann Marx, a former employee at the nursing home, Victory Village Retirement Home, died from a single gunshot above her left eye in the Aug. 13 incident.

The deputy, identified by Bruning as Todd Landis, 42, has been placed on administrative leave pending a grand jury investigation.

Story Photo
Bruning

Officials have been tight-lipped about the investigation, and Bruning’s disclosures Monday were in defiance of a gag order imposed by Richardson County District Judge Daniel Bryan.

Bruning said Monday he was mystified by the order, especially since a grand jury has yet to be convened in the shooting.

State law prohibits prosecutors from publicly disclosing the identities of grand jury witnesses or their testimony, or the identities of the jurors, Bruning said.

But, he said, nothing in the law bars prosecutors from discussing the facts of cases.

“The grand jury statutes are very clear,” said Bruning, whose office was named special prosecutor in the case Aug. 16. “Testimony is secret. The identity of jurors is secret. The facts of a case are not secret.”

Said Bruning: “Frankly, I’m offended by it. I’m tired of it. I believe the public has the right to know the facts of cases.”

A spokeswoman for Bryan said he would not comment on the attorney general’s action.

Bruning said he and Sen. Ernie Chambers would write proposed legislation for the upcoming session that would clarify the state’s grand jury law.

Eric Marx, a son of Ann Marx, declined comment Monday, on the advice, he said, of the family’s attorney.

Bruning said Monday that Landis was “distraught” over the shooting and he has said his gun accidentally discharged. Bruning said, however, the grand jury would have to investigate the deputy’s claim.

According to a Nebraska State Patrol investigator’s report to Bruning, the Richardson County Sheriff’s office received information from a confidential informant that Marx was going to buy drugs from a nursing home resident outside the home about 8:30 p.m. on Aug. 13.

The drugs were apparently painkillers, Bruning said Monday.

Family members said in an interview last week that Marx provided nursing support at the assisted living center for about five years. Her medication aide license expired in January, and she lost her job, the family said.

Deputies, acting on the confidential informant’s tip, staked out the nursing home, Bruning said. At some point that evening, Marx pulled up in her vehicle and was being approached by the resident.

Landis, who had been hiding in nearby bushes, received a transmission from another deputy to, “Go, go, go,” and he approached the vehicle on the driver’s side with his gun drawn.

Bruning said Landis’ weapon discharged after Marx tried to drive off.

Officials are awaiting toxicology reports to complete Marx’s autopsy. Once the autopsy is certified, Bruning’s office has 30 days to convene a grand jury. Bruning’s office said toxicology results were expected in about three weeks.

Bruning on Monday likened Bryan’s gag order to an order by Lancaster County District Judge Steven Burns earlier this year that prohibited the attorney general from releasing court documents related to a planned grand jury investigation of Nebraska Regent David Hergert.

Burns later lifted the order.

Bruning also said Bryan filed a complaint against him with the Counsel for Discipline in the Matthew Koso case. Bruning said the counsel dismissed the complaint.

Bryan sentenced Koso in February to 18 to 30 months in prison for having sex with an underage girl. Bruning’s office prosecuted the case.

The substance of the complaint could not be determined Monday. John Steele, an attorney in the Counsel for Discipline office, said the office could neither confirm nor deny the existence of a complaint unless a defendant approves, in writing to the office, public disclosure, or unless an investigation results in discipline.

Bruning said Monday a member of Bryan’s office contacted his office that morning before the news conference and reminded him of the secrecy order, signed by the judge Wednesday.

Reach Clarence Mabin at cmabin@journalstar.com or 473-7234 .


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Linc wrote on August 21, 2006 1:11 pm:
" We need more people like AG Bruning in Govt. We have a govt that is supposed to be BY the people FOR the people, instead, there seems to be a whole lot of unnecessary secrecy in high places. Good for Bruning for standing his ground. "

 Kenny Pool Guy wrote on August 21, 2006 1:38 pm:
" I agree. AG for Governor. He's a nononsense type of guy, and Nebraska needs that. "

 Realist wrote on August 21, 2006 1:42 pm:
" Let's be practical here. AG Bruning is also a politician. True, in this instance it is righteous for the public to know the facts, so I'm glad he's taking the correct posture on this issue. However, he also has taken many stances that were NOT in the best interest of the people of Nebraska. "

 k wrote on August 21, 2006 1:51 pm:
" when did buying drugs become a death sentence by deputy. i always thought that a jury and judge came into the picture. landis discharging a gun with a bullet to the brain or the victim is murder. he should be tried and convicted of that charge. "

 C wrote on August 21, 2006 1:59 pm:
" I think that AG Bruning has done MANY great things for Nebraska over the last two years, including the prosecution of the child molester who "did the right thing by marrying a child" (which is completely wrong), the work to investigate violations by David Hergert and now for not allowing an investigation to be handled by a "good ole boy" network. He should be thanked for requiring honesty in Nebraska! "

 Richard wrote on August 21, 2006 2:43 pm:
" The thing that disturbs me most in this incident is that a law enforcement officer had such poor training in handling firearms that an "accidental" discharge caused the death. I would like to know the make and model of the firearm. Most newer handguns, when handled properly do not discharge accidentally. Those of you who know weapons know what I mean. Things like trigger pull, cocked, double action, single action etc. "

 Ron Porkmor wrote on August 21, 2006 2:55 pm:
" I don't care if it was an accident, the deputy should be tried for manslaughter at the very least. If I accidentally shoot someone and kill them while they are trying to buy drugs, i'll get charged with a crime. It should be no different for law enforcement. "

 read all the words wrote on August 21, 2006 4:10 pm:
" to "k" you read all the words but the most important one ACCIDENTAL. to "Ron Porky" it is not your job to break up drug deals so if you were pointing your handgun at someone and it ACCIDENTALLY went off it would be manslaughter "

 Chuck wrote on August 21, 2006 5:01 pm:
" Sounds like the facts are not so dissimilar to what happened in the Jenna Cooper case except in that case it wasn't a deputy trained in firearm use who accidently shot Cooper. "

 Oh.. Yeah wrote on August 21, 2006 6:15 pm:
" My understanding is that you never draw a weapon unless you are in imminent danger. Was this woman armed? Why would she have needed to be armed to transact this business? And yes, if I kill someone because I handled my firearm carelessly, I expect that I would be charged with manslaughter. "

 No Comparison wrote on August 21, 2006 6:21 pm:
" This incident is nothing like the Jenna Cooper shooting. There should have never been a gun in that situation - period. It is totally appalling to compare the two. In the Falls City shooting, law enforcement had every right to have a weapon and have it drawn. This was an accidental shooting in every right and when Jenna Cooper was shot she was "accidentally" shot because the shooter was aiming for someone else. Absolutely no comparison at all. "

 BJ Verbeek wrote on August 21, 2006 6:37 pm:
" This should be looked into and without any prejudice, the government has been up to covert BS for a long time. "

 Must be Stupid wrote on August 21, 2006 6:45 pm:
" How do you "accidentally" shoot someone FOUR times? "

 jon wrote on August 21, 2006 7:04 pm:
" She was at one times licensed to handle and distribute medications?That means that her namer address were on file ssomewhere and obviously the law knew who she was,where she lives and at least some of her ins and outs.Why point a loaded handgun at her head? "

 Felony wrote on August 21, 2006 8:06 pm:
" Let's remind the uniformed public that buuying prescription drugs, i.e. painkillers, is a felony. In Law Enforcement training, this would be referred to as a "Felony Stop" in which case the officer does draw their firearm, and is trained to do this, for their own safety. Reason being, with drugs comes druggies, comes druggies with guns. They are all linked together, it's really pretty simple to understand. Bottom line, Karma is a crazy thing.... Had Marx not been in the middle of committing of a felony at that particular time, the "accident" wouldn't have affected her one bit. Sounds like a bad life decision on her part. Let's not make her out to be a saint just yet.... "

 For real wrote on August 21, 2006 8:10 pm:
" Chuck, you forgot the biggest and scariest difference! The man who shot Cooper was (gasp) Black! Let's recap: White man shoots white woman: "Hmm... well, let's not judge too quickly...she was after all, trying to buy drugs from an eldery person, and he did say it was an accident" Black man shoots white woman: People freaked out more so than they would had it been a white, non-foreign male. I could not believe the kinds of things that were written and said about him, even though again, it was "an accident". "

 Whatever Bruning can do for attention. . . wrote on August 21, 2006 8:33 pm:
" . . . that's what he'll do. Don't mistake the point here, he's a smart politician. But I'm a little surprised by the "gosh, he sure is a good guy" sentiment posed below. Wise up, folks--he's going for a higher office. Bruning takes over the cases that get his name in the paper. Period. "

 Wait for it wrote on August 21, 2006 8:42 pm:
" It is SOP for law enforcement to have the weapon out for a felony contact, Lincoln included. Facts aren't in yet, was it raining? Was he opening the door with one hand as she drove away? You just have to wait before throwing anyone under the bus. "

 JBarnett wrote on August 21, 2006 8:42 pm:
" Maybe the officer was acting appropriately and maybe he wasn't, but until he is charged with a crime and convicted of it he is innocent. Officers have no idea what they are walking into when they attempt to make an arrest or simply speak with someone suspected of a crime, and maybe the deputy perceived a threat that caused him to draw his gun. It is unfortunate that this happened, and this is something the deputy will have to live with for the rest of his life. It is also unfortunate that people are placing blame without knowing exactly what happened, but those people who are going to blame the deputy without having all of the facts had better also place some of the blame on the "participants" of the drug deal... after all, if there was no drug deal there would have been no shooting. I think i will just reserve judgement until all of the facts come to light, my prayers are with the family of the victim and the deputy. "

 Concerned Citizen wrote on August 21, 2006 8:55 pm:
" Falls City is not the Wild, Wild West. I am sure the investigation by our AG will find out the facts and prosecute to the fullest extent of the law. He has proven himself. "

 Finally wrote on August 21, 2006 9:11 pm:
" I knew there was more to this story than was coming out before... "

 Suzie wrote on August 21, 2006 10:15 pm:
" Please oh please do not let Bruning get any higher on the political totem pole. The last thing this state needs is another far right wing conservative as gov. "

 Adrenaline Rush wrote on August 21, 2006 10:33 pm:
" SOP for a felony arrest is a bogus excuse. Did they have a search or arrest warrant? Was an actual weapon displayed? Extreme caution should have been displayed by officer, just because some one may have commited a felony does not make him or her dangerous or threat. I wonder does the LPD or the Falls City Police use that much force for a felony bad check? Still a felony? SOP for both US Marshals and FBI is to exercise extreme caution and only draw or show weapon when you feel you or your partner is in danger. Not when coming charging out of a bush, with an adenaline rush. "

 NAC wrote on August 21, 2006 10:43 pm:
" Okay, she died from a single gunshot. How many were fired, how many hit her -- and WHY? Were they ALL accidental? "

 JJ wrote on August 21, 2006 11:34 pm:
" Cops, as one would expect in cases involving professionals, should be held to a much higher standard than us mere mortals. "

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