Killing Lee Milks

[XLFD]

Exactly three years ago this afternoon, Lee Pat Milks was shot dead on his front yard at 486 Second Street in Manistee.  Manistee Public Safety Officer Doug Vansickle serving in a new role as code enforcement or as he would put it, 'blight officer', visited Milks that day at just a little after five in the afternoon and would wind up shooting Milks repeatedly. 

Milks would survive the initial shots for many hours, he was able to talk with minor difficulty, but for all intents and purposes, there was only one side of the story told that night with many variations.  The prosecutor and Milks' department would hold a press conference three months later and declare the shooting justified and vindicate all actions of their officer that afternoon, effectively reading Vansickle's report verbatim as the finalized version of the investigation.  

The Ludington Torch has received the incident report regarding this shooting incident and footage from two responding units to that scene three years ago.  This hasn't been an easy process due to multiple city and county officials of Manistee actively blocking their release along the way for over 30 months.  A few words must be told of this impressive act of trying to cover this up by Manistee officials before we get to the actual killing, there have been several articles in the LT covering this process over that period.  

I originally received a complete denial of any records from the City of Manistee to get the incident report, the use of force report, and other supplementary material in their possession.  I argued with the edict, and was offered code enforcement reports I had specifically asked for, including one that had a prior officer Dave Shands visit the property and had Milks refuse to let him on the property:

I was able to discover through the process that this wasn't the only other time Milks ordered the police off his property.  In that case, the county prosecutor is said to have mounted a retributive prosecution on Milks for asserting his property rights on a stormy night when he tried to claim them in a case that was eventually dismissed.

However, I appealed to the city council of Manistee for these records and they denied it without comment, following their legal counsel's advice.  I filed a lawsuit, asked the Manistee circuit court to review the records using the strict guidelines found in Michigan Supreme Court opinions to gauge whether there was any exempt information, and went through a corrupted process I have not seen even in Mason County for nearly a year in that court.  The end result in early 2018:  a retired judge unlawfully assigned to the case and without even seeing the records in dispute judged the incident and use of force reports were fully exempt from public disclosure.  

It would be over another year before I would get a favorable ruling from the Michigan Court of Appeals remanding this case back to the court and directing them to look over the records in determining whether they were actually exempt at all.  By September 2019, in a surprising turnaround at Manistee Circuit Court, the same retired judge ruled that all of the record was and would have been non-exempt back in April 2017 when I received the reply to my records request.  I finally received the records two and a half years after requesting them, along with my court costs and expenses.

These records included the 13 page incident report relating to the shooting and two CDs containing video footage of that day from Officer Vansickle's car and the first backup car containing Officer Pefley and rookie Officer Haney.  There was no use of force report (or equivalent) included.

Ironically, while I had argued in multiple courts that the use of force reports should not have any non-exempt material in it by it's nature, I did not learn that it did not exist until I received the records.  The City's two attorneys argued their points in court and in briefs as if they existed and the county prosecutor swore in an affidavit that he was of the belief that all data in such a use of force report would be exempt from disclosure.  It turns out that the Manistee Pseudo-Police Department never made Officer Vansickle complete a form that real police departments use when even less-than-fatal force is used and that attorneys and Manistee officials of all sorts have no problem defending the non-release of non-existing records with tens of thousands of taxpayer's dollars.  

The Incident Report

Police reports are in many ways like news reports: they may be factual, they may have bias, or they may have false representations.  The reporter's reputation in either case comes into play, and we should never forget that courts treat police reports as hearsay information, not necessarily the truth.  With that in mind, here is the report:  Milks IR pt1 of2.pdf and Milks IR pt2 of 2.pdf.  

I will be using the incident reports primarily as a reference when analyzing the videos that follow, and the conclusion, at this point I will encourage you to read the reports and note the important sections on this report.  

p.2,3:  Vansickle's narrative

p.4,5:  Pefley's narrative

p. 6:  Haney's narrative

p. 7:  Vasquez's supplement

p. 8,10-12:  Glass' supplement

p.9:  Schmeling's supplement

Video 1:  First Backup Unit 

This video begins shortly after a call for emergency back-up from Officer Vansickle with Officers PEFLEY and HANEY traveling on back streets, some of the conversation is unintelligible due to crosstalk and other issues.  

0:35:  Upon arrival on a main artery, the car's sirens and lights activate

1:25:  VANSICKLE:  "Shots fired!"  Backup is three blocks and two turns away

1:50:  Arrival of backup.  MILKS down writhing on the ground.  VANSICKLE standing nearby.  PEFLEY looks at MILKS asks HANEY (who is wearing a microphone) to retrieve medical bag.

3:00:  HANEY:  "Did you fire? Are you OK?"  VANSICKLE:  "I'm not here."

3:20:  PEFLEY (to dispatch):  "Three gunshot wounds."

3:50:  HANEY moves vehicle west, camera is pointed away from scene.

5:30:  MILKS:  "I can feel the bullets swinging, they're really big.  Trigger-happy pig.  And I didn't point the gun at him."

6:15:  Ambulance arrives.  

7:50:  PEFLEY tells HANER to reposition car.  He does, so that we see MILKS on stretcher.

9:33:  MILKS loaded onto ambulance.  

11:50:  UNKNOWN:  "We're fourth in line for a helicopter."

12:00 Neighbor wanders out, HANER tells her she will probably get a statement from her, she says "All I heard were shots."

12:30:  HANER sent for police tape.

17:00 HANER moves car again in preparation for ambulance moving on.

18:40:  Ambulance leaves.  

21:20:  Crew of three including HANEY enter MILKS' house to 'secure' scene

26:33:  Crew leaves, "All clear"

Video 2:  Vansickle's Car

The sobering aspect of Officer Vansickle's recording is that he had the presence of mind to call for backup and to report that shots were fired, but didn't actually turn on his remote microphone and in-car video until six minutes after the call for backup.  The first time in this index of events refers to this video, the second time is the corresponding point in the first video concurrent with the action.  

0:43: (6:15) Arrival of ambulance

0:55: (6:27) UNKNOWN:  "We don't know if anybody else is in the house."

1:30, 2:05, 3:50:  VANSICKLE in front of the car's dash cam.  At 4:15 (9:47) he informs dispatch "Nobody is at-large."

5:05: (10:37) VANSICKLE:  "I came here to tell him about his fucking blight and I said, 'you know, we need to work together', and he threatened me, he said I am going inside.  I said I'm going to go around and do an inspection on your vehicle.  'Fuck you, it's private property, you can't be here.'  Another officer hugs him, others offer consolation.

6:20 (11:52) UNKNOWN to VANSICKLE:  "I apologize, if I knew you were coming out here on blight; that guy has a history of anti-cop."

6:23 (11:55):  VANSICKLE:  "He went in the house, got a gun (crosstalk) on the porch with it (crosstalk).  I just got cover, I was starting to get cover behind that tree, I was backing up.  No doubt in my mind that the guy was going to kill me."

7:10:  VANSICKLE is moved into another vehicle.  Shortly thereafter his remote mike is turned off. 

ANALYSIS

Lee Milks was declared dead at 8:05 PM that evening, about three hours after the shooting.  The coroner's report below (obtained from a subsequent FOIA request after the lawsuit's conclusion) narrates a story at odds with the several variations that were told to the media on the night of the shooting:

It also notes that there were seven distinct gunshot wounds in total that penetrated or perforated Milks' body, one bullet wound for each decade of the man's life.  In this supplemental bit of information, I also received the report for an incident eerily similar to this fatal encounter that happened back in 2012:

Milks was eventually prosecuted vigorously for the seventy-year old finger poke until it was dismissed by the court, probably because Milks had competent legal representation that put the matter in perspective.   As the retired judge who tried the case noted, bad blood existed between city officials and Milks since that incident.  

Focusing more on this incident there are several inconsistencies.  The Michigan State Police were supposed to be conducting an investigation into the incident, but all that they have seemed to investigate was the blood alcohol content of Officer Vansickle.  Manistee PS Chief Tim Kozal offered nothing from any other MSP investigation, nor did the city or county prosecutor mention it at their press conference.  Neither is there evidence that the sheriff department were involved beyond providing manpower for scene stabilization.  

The variety of stories make it hard to believe Vansickle's polished account in the report of what happened and the narrative appears to have been crafted long after the incident when a most palatable version of events could be crafted.  I am inclined to believe Vansickle's own admissions made after the shooting and captured on audio more than what eventually came out.  

"I came here to tell him about his fucking blight and I said, 'you know, we need to work together', and he threatened me, he said I am going inside. I said I'm going to go around and do an inspection on your vehicle. 'Fuck you, it's private property, you can't be here.'   He went in the house, got a gun... on the porch with it. I just got cover, I was starting to get cover behind that tree, I was backing up.  No doubt in my mind that the guy was going to kill me."

Even if we consider that a condensed version of events, it just doesn't come close to the official story.  A badge is not a warrant to conduct code enforcement operations that involve illegally entering somebody's backyard and conducting inspections on their vehicles when they say no quite emphatically.  Officer Vansickle was effectively admitting to trespassing on Milks' property with his original statements, and his chief backed that up in most media reports that night.  

He and Officer Pefley also focus on Milks repeatedly saying "fucking pig", yet neither Officer Haney (who had a remote mike on him) or the recordings ever catch that phrase.  In Pefley's two page account, he never mentions that Milks said that he never pointed his gun at the trigger-happy pig that shot him.  Why Pefley never asked Milks what happened to get him lying on the ground with seven bullet holes inside him is a matter that defies logic if we assume he was there to do his duty rather than to protect, hug and console his brother in arms.  

Vansickle stated he had no doubt that Milks was going to kill him, and yet Milks came out with a gun when Vansickle's own gun was holstered, and yet was not menaced enough by the rifle pointed his way to un-holster and fire his gun at least seven times while Milks never fired his. 

The Manistee Department of Public Safety either didn't train Officer Vansickle properly, or he ignored training and Milks' Constitutional rights on March 28, 2017.  Vansickle didn't try to defuse the situation by mediating a solution that respected Milks' rights, rather he provoked a defensive action that should have been expected given the history, which he should have been apprised of rather than being kept in ignorance. 

Officer Dougie Van Sickle did everything wrong on this very day three years ago, and because of his poor training and fortuitous omission of having an audiovisual recording of the biggest mistake in his life, a man lies dead with seven bullet entrances into his skin.  Is he publicly admonished for his shortcomings; no, he's rewarded for it by the state's police chiefs with a medal of honor:

Trespass without remorse, make mistakes of judgment, shoot a man seven times, have nobody investigate it in any meaningful manner, and get one of the highest rewards of your profession.  Something is definitely wrong in Manistee.  

[Freedom Seeker]

Thanks again, XLFD, for the many hours and years you have put into trying to make sense of this senseless killing.  If we allow lamestream media to feed us lies, shall not the abuse only get worse?  But you seek to illuminate the truth with The Torch.

[Willy]

Another excellent report X and very good observations by all. I have to start my response with a very big no no to the City of Manistee. An armed officer should "never" be sent on a property code violations because there can be a lot of anger between the person being cited, the neighbors and the code enforcer. Cops are trained to handle law enforcement and crimes in an aggressive manner, something that is not advisable in solving blight problems.
Some important questions needing answers
1. Why did the officer force his way onto the property knowing there was bad blood between the City and Milks?
2. Why did the officer not record the incident knowing of previous confrontations?
3. Where were the bullet wounds on Milk's body?
4. How many shots were actually fired by the officer? Why is that not in the report? If more than 7 where did they go     
5. Was Milks hit while standing or falling to the ground and possibly after he was on the ground.
7. Even if the officer was a expert marksman how could he have shot 7 times or more, hitting Milks while backing up.
8. Was the officer behind the tree when he fired on Milks, if so why did he fire so many bullets
9. Why was Milks described as "the shooter" in the article?
10. What happened to Milk's rifle?
This police story is full of holes and needs to be thoroughly investigated by a neutral party and if the incident had been handled properly and fairly there would be no need for any questions. Something is terribly wrong about this incident. I'm worried that Ludington has just hired a potentially corrupt police chief. If he did not ask many of the questions raised here on the Torch then how can the citizens of Ludington trust him. If he did answer them then what are the answers. Why was this not brought up before the Council during his hiring process and why was he not vetted? This is serious

[XLFD]

Since you have a platinum pass at the Ludington Torch, Willy, I will try to answer as many of your questions that I can, by number,being that I wasn't able to present all the facts or records used in compiling this article.  If I don't address a number, I do not know, or it's not in the record.

1.  It appears Vansickle was not aware of the history of Milks with the local cops, nor did he review the file completely in order to be prepared for this encounter.  I will agree with the consensus:  you don't put somebody who is not diplomatic, prepared and/or trained in the position of blight officer.

2.  See 1, noting the only Manistee responding units with cameras active were the two initial cars, with Haney and Vansickle with remote mikes, not body cams.  As I note, I find it incredibly suspect that Vansickle didn't turn his mike on when the encounter started going badly, even before he called for backup.

3.  I wish I could share the autopsy report, but something is preventing it.  The coroner's list of entry wounds in non-medical lingo:  left upper chest, right upper chest, middle lower chest, middle gut, left upper forearm, left lower chest, right lower abdomen.  A scattering.

4.  No less than seven, and it's hard to give an upper limit without knowing what type of Sig Sauer pistol he had, these often hold a dozen bullets, but could be more or less.  

5.  Bullet entrances suggest he was struck while facing Vansickle in a standing position.

8. 'Official' account said he was unable to use the tree, his narrative that day suggests he would have been able to do so.

9.  Which article?

10.  It doesn't appear to have been saved for the MSP investigation, nor was it secured by Haner, as Vansickle's report implies.

I will be looking deeper into the vetting process used.  When a police chief from a similar sized city nearby wants to change burgs after less than three years (as Kozal did with Edwardsburg and now with Manistee) it leads one to question why he's making lateral moves after finally getting settled in.

[Willy]

Thanks X for your response. I find it odd that on the police report that Milks is listed as the suspect and Vansickle is listed as the victim. Also I may have missed it but after  rereading the information, was it ever established what firearm  Milks used. I know what the Coronor's report says but what was it's official designation and was it in fact loaded. I have to say again that Vansickle must have been the Worlds best shot. Putting 7 rounds in a non stationary target while backing up and having a shot pattern as small as described is amazing. Any one of those shots would have stopped Milks but 7 is mind boggling. Regarding the "shooter" designation  on an article I referred to.   My mistake. It was on the Coroner's report. Sorry to ask so many questions but it's necessary to get a clear picture of what actually happened. And we certainly didn't get it from the local media.

[stump]

 This just shows how easily Police wrong doing can be swept under that carpet and not seen by the public they are suppose to protect. Wasn't the porch inclosed? I recall that on the posting years ago that the storm door  broken glass was inside . That to me would mean that the bullets went threw the door to shoot Milks. Was he inside his home? shot and fell outside?    My other thoughts were that Milks was a Native American. Was a investigation done by the tribal Police and their Justice system????   Another thing is the Tribal Land. If a Native American owns the property he is living at, does that constitute Tribal land ?   This is a sad situation that should have never happened over a flat tire. It was his property and he had the right to demand anyone and everyone to stay off.  There was no violation reports sent by the city on record either. So if a code officer shows up, you tell them to leave , prepare to get shot. It's the Manistee way.  Just pitiful.

[shinblind]

The biggest loser in this isn't the Manistee Police Dept. nor even Lee Milks. It is the collective intellectually uncurious media who are more frightened of losing revenue than seeking the truth. Shame on them. They are a collective herd that should be stripped of their First Amendment Rights. They are a public relationship wing of the government. Gutless.

[Freedom Seeker]

Well put, shinblind!  Who gets the residual damages is the people who have to live in fear of a rogue police department, not notifying in writing in advance of a potential code violation, giving a citizen no chance for his side of the story, and then living with the lies, the coverup, the exoneration and probably continued corruption because they got away with it.  Truly haunting.

[XLFD]

I would disagree with you on point shinblind in that the unquestioning media is not the biggest loser, they are big losers to be sure in their role as propaganda peddlers.  While the readership and the 'believership' of the City of Manistee Advocate (COMA, aka the Manistee News Advocate) are losing access to meaningful public information, and are losers by that nature, I cannot take the biggest loser crown off of the guy shot seven times on his front porch by a trespasser and then listed as a suspect rather than a victim on the police report secreted away for two and a half years.  The poor guy's friends and survivors not only had to see Milks demonized by those who killed him, they also had to deal with the beatification of the negligent and untrained shooter.

The COMA seems to be completely  blithe and oblivious about public corruption, working more as an advertising firm for the city and county of Manistee.   I figured this out when I read of several articles of the nature of that corruption in the Traverse City newspaper rather than the COMA. 

[shinblind]

If something good would change in the way the local media goes about reporting an incident then the execution of Lee Milks would not be vain and for this reason the media will remain the biggest loser. They no longer report the news they are nothing more than a herd of feel good public relations lackeys. And the definition of news is publishing what someone, especially someone in power,  doesn't want printed. 

All of the news media should be embarrassed and shunned for their absolute of lack of integrity. 

Truth and justice should not be considered optional.

Justice for Milks.

[David Gibbs]

You have to wonder if the Ludington hiring committee reviewed this case before it hired Kozal.  No need to hide a legitimate report for legal self-defense.  Kozal is a coward and corrupt pig.  It's disgusting to see him rewarded by the City of Ludington.  The City of Ludington is obviously ethically challenged and does not govern for the good of the people. 

[shinblind]

David Gibbs, consider  newly hired Chief of Police Kozal to be a chip off the old block, the block being Chief Barnett. 

What I wonder is how long it will be before Officer Doug ''Quick Draw'' Van Sickle is hired both as an Patrolman and Blight Enforcement Officer.  Shutter to think if your grass is longer than 10 inches because the Governor deemed lawn care a non essential service.

[Freedom Seeker]

My fear, too, shinblind, but I didn't want to say it to give the fascist-leaning administration and/or "secret hiring committee" an idea to hire "Quick draw" Dougie" in Ludington.  Kozal and Van Sickle should hang their heads and slip quietly out of the State or be run out on a rail right behind Barnett, if Barnett had any sway in the hiring.  Only their consciences can guide that.  I'm afraid the "commendation" is such a bold-face lying cover up that the masses believe it through the corrupt media.  Few people have time to look in depth and go to the lengths to uncover records like XLFD does.  And still we will never know the first six minutes because Quick-Draw Trigger-Happy Blow-him-away with Excessive Force Seven-Shot Van Sickle didn't have his body cam or car video on.  I'd like to say, "F...king Pig" again in memory of Lee Milks.  Van Sickle is a disgrace to his name, the City of Manistee code enforcement and police department, the State of Michigan, and the United States Marines.