After almost dropping the felony charge of assault with a deadly
weapon, a judge ruled to move forward to a trial against the
suspect shot in an altercation at Kerckhoff Hall.
Police say UCPD Officer Terrence Duren confronted Willie Davis
Frazier, Jr. in the Kerckhoff Hall second floor study lounge on
Oct. 5. A physical confrontation ensued and Duren, reportedly in
fear for his life, shot Frazier.
At the preliminary hearing Monday, Duren was asked by both the
prosecution and defense to recount the entire event.
Duren said he entered the study lounge around 10 p.m. that
evening and noticed Frazier sitting down. He said he approached
Frazier and asked if he was a student or faculty member. Duren said
Frazier responded “Why are you harassing me?” and
became belligerent.
“I said “˜if you are a student or staff member you
would be appreciative of the security measures,'” Duren
said, adding that he had activated a mini cassette tape recorder on
his gun-belt and had made a call for backup.
Duren said he placed his hand softly on Frazier’s shoulder
after Frazier abruptly stood up and tried to leave.
Duren said he then tried to detain Frazier for an investigation
of trespassing ““ noting that the study lounge is restricted
to students and faculty. He also said he thought Frazier was a
trespasser because his demeanor and clothes were those of a
homeless person.
When Frazier attempted to flee, Duren said he grabbed Frazier in
a bear hug and began yelling “relax, relax.” Duren said
Frazier was yelling “help me, somebody call the
police,” and that he knew he was being watched by video
cameras and witnesses on the stairwell who saw part of the
incident.
Duren said he tried to perform a number of holds on Frazier but
was not able to control or subdue him, and ended up wedging Frazier
against a wall.
While up against the wall, Duren said his finger was scratched
and he pushed Frazier away.
“He was escalating the situation, so I was going to
escalate it by using my collapsible baton,” Duren said.
Duren said he struck Frazier right above the knees and was
yelling, “Get on your knees, get down,” while Frazier
was against the wall. Duren did not remember whether or not he
struck Frazier two or three times, but that after one of the blows
he lost control of the steel baton.
When he turned to retrieve his baton, Duren said Frazier ran
away to hide in a nearby bathroom.
Duren said he thought about letting Frazier stay in the bathroom
and waiting for back-up to come, but was worried Frazier may be a
threat to civilians if they were in the bathroom.
Duren said Frazier punched him in the face with a closed fist
when he entered the bathroom.
“Fists were flying. He was striking me, I was striking
back. It was violent,” Duren said.
Duren said he tried to subdue Frazier by performing a leg sweep,
however, in the process, he said he was kneed in the crotch.
“It was excruciating pain. I felt my muscles become
marshmallows,” Duren said.
Now both on the bathroom floor, Duren said he felt a tug on his
semi-automatic weapon. Originally during the preliminary hearing,
Duren said Frazier had the weapon in his hand, however, he later
said that Frazier was only lifting it slightly out of the
holster.
Duren said both he and Frazier had their hands on the gun and
were struggling for control ““Â although Duren had his
hand on the handle of the gun and the barrel faced Frazier’s
chest at all times. Duren said they were bouncing off the walls of
the bathroom and said he was not sure who pulled the trigger, but
the gun went off, hitting Frazier.
Duren then said he separated himself and saw Frazier holding his
baton. Duren said he pointed his weapon at Frazier and told him to
drop the baton, but when Frazier appeared to be approaching, he
shot him, ending the incident.
Frazier is now charged with one count of assault with a deadly
weapon, one count of assault, and one count of removing an
officer’s weapon ““Â charges that could mean up to
20 years in prison.
Toward the end of the hearing, John Raphling, Frazier’s
attorney, made a motion to dismiss both counts of assault ““
nearly successfully.
Raphling said Frazier at no time had enough control over the gun
to make an assault with a deadly weapon and that Frazier is
entitled to at least some self defense.
“The people’s position is that the officer was in
performance of his duty,” said District Attorney Keri Modder,
who was sitting in for lead prosecution District Attorney Frank
Tavelman while he was in another trial.
“My instincts tell me that the people’s argument is
not persuasive here,” said the judge, noting that the weapon
had been pointed completely at Frazier during the initial shot.
However, after taking a short recess and researching the
subject, the judge reversed his position and denied the motion to
dismiss.
The incident will now go to trial, with the initial arraignment
on Feb. 9 where Raphling said Frazier will plead not guilty.
Raphling said the first pre-trial hearing will be 60 days from the
arraignment.
Duren said he hopes that Frazier doesn’t get sent to jail,
but instead gets mental help.
“You put this man in prison, and he’s going to get
harder. This man needs mental help. In a way I feel sorry for
him,” Duren said.