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LAKEPORT >> Lake County District Attorney Don Anderson determined that Clearlake Police Officer Michael Dietricks action was justifiable when he shot and killed Joseph Melvin during a 2016 struggle.

Anderson based his decision on wounds suffered by the officer during the encounter. Citing the fact that Dietrick was losing consciousness due to a head injury and could rightly assume that he was in danger, Anderson found his decision to fire his weapon to be supported as justifiable homicide.

Joseph Melvins violent conduct and his ability to violently overpower the officer with such force and skill, was such that a reasonable person in the same situation would be in actual fear of their life or being inflicted with great bodily harm, Anderson noted in his report.

The incident occurred on March 29, 2016, when Dietrick responded as a backup unit for CPD Officer Jessie Scott to an alarm at 3292 Park Street in Clearlake. While investigating the circumstances of the call,Dietrick encountered Melvin in a bushy area very near the residence .

When Dietrick approached, Melvin jumped up and attacked the officer. Melvin started to beat the officer with a steel 12 inch flashlight, causing Dietrick to suffer lacerations and abrasions to his forehead. At this point he started losing consciousness.

Reportedly fearing for his life, Dietrick, fired his weapon, striking Melvin four times. Melvin was pronounced dead at the scene.

The Lake County District Attorney Investigation Division conducted an independent investigation into the incident. Also, an internal investigation into the incident was conducted by the administration at Clear Lake Police Department.

Dietricks body camera recorded the events both audio and partial video. Witnesses were interviewed and the decision was also based upon a crime scene investigation and medical reports.

The investigation determined that Dietrick had drawn his weapon and ordered Melvin to put his hands out and lay on his stomach. As Dietrick notified dispatch that he had one at gunpoint Melvin began to retract his arms. Dietrick holstered his firearm and attempted to grab Melvins left arm. At this point Melvin lunged up and started attackingDietrick.

Dietrick reportedly drew his taser. but had difficulty deploying device.

Eventually Dietrick fired four rapid rounds from his Glock .40 cal. semi-automatic pistol into Melvin. Three rounds hit Melvin in the left side chest and one round on the left/front side of the neck.

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Melvin immediately fell to the ground ending the fight.

Melvin, age 46, was a long time residence of the Clearlake, last staying with his wife and friends on Fresno Street in Clearlake. He was a large man standing at 66 weighing 185 pounds with a lengthy history of criminal offenses, including crimes against police officers, thefts and possession of controlled substances.

At the time of the incident Melvin reportedly had a very high level of methamphetamine and amphetamine. He also had methamphetamines and a methamphetamine smoking pipe in his sock and pants pocket.

Such a high level of methamphetamine could have contributed to his violent reaction in this incident, Anderson noted in the report.

Officer Dietrick suffered a laceration on his forehead; a hematoma on the back of his head; a hematoma on the top right side of his head; and a hematoma on the left side of his head. There was a moderate amount of blood on his face that covered the front of his uniform chest and stomach. There was also blood on his radio and body cam.

A burglary investigation was conducted at 3292 Park Street by the Clearlake Police Department. Evidence at the scene indicated the suspect of the burglary entered the residence through a window and tripped the alarm system.

The suspect removed several items from within the residence which were later recovered in the red duffle bag at the shooting scene and in a pile across the street.

Melvins shoe prints were located at the burglary scene and also matched those leading to and around the shooting scene the stolen items.

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Officer cleared in death of Clearlake man - Record Bee

Sandusky Register

CSI: Boston Massacre Sandusky Register VERMILION Fifth grade students at Sailorway Middle School recently conducted their own crime scene investigation. By collecting evidence and questioning witnesses, the detectives had to answer a huge question: Did the Boston Massacre occur on ...

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The University of Indianapolis Provost Office was the scene of a crime recently as the Indianapolis-Marion County Forensic Services Agency (IMCFSA) trained a new forensic scientist and provided a real-life learning experience for criminology students.

UIndy partnered with the Marion County Crime Lab to host a training scenario for Crime Lab Technicians and UIndys Criminal Justice program. (Photos by Jennifer Zentz)

To the untrained eye, it might have been a disturbing sight: blood spatter, bullet holes and even a dummy murder victim, shot to death and slumped behind a chair. The staged scene was all part of the IMCFSAs training exercise, conducted in partnership with UIndys Department of Sociology and Criminal Justice, designed to prepare novice crime scene technicians for the real thing.

Weve taken over the provosts office, pretty much, said Christine Ondek, supervisor of Marion Countys Crime Scene Unit. Its an extremely nice office, too. I felt bad throwing evidence around here!

The training exercise involved 35 pieces of evidence. The trainee was assessed on every step, from the interview with the detective to crime scene video and other observations. The exercise was the culmination of four months of training, and the fourth and final mock crime scene before the trainee is sent out to process real crime scenes.

Starting in 2018, the University of Indianapolis will offer a Crime Scene Investigation (CSI) track for criminal justice majors to meet growing demand in forensic science careers. The program was developed in consultation with IMCFSA Director Mike Medler and staff, said Associate Professor Kevin Whiteacre, chair of the Department of Sociology and Criminal Justice. The CSI track ensures graduates will meet IMCFSAs accreditation requirements for hiring crime scene techs.

Whiteacre, who teaches criminal justice, says there is growing interest in the field because the natural sciences are becoming a larger part of criminal justice, and there is an increasing expectation from judges and juries for more analysis of physical evidence.

The U.S. Bureau of Labor Statistics predicts the forensic science field will grow by more than 24 percent over the next eight years. Its a growing field, Whiteacre added, explaining that while non-sworn civilians can become crime scene technicians, a sworn officer in a smaller community may also have to play that additional role.

Several UIndy students came to observe the mock investigation throughout the day, including Anthony Castel, a freshman graphic design major and chemistry minor.

Im really interested in both forensic art and crime scene investigation, so ideally I want to learn the tools of the trade, said Castel, who is studying to become a forensic artist.

Interest in forensic science has spiked due to the popularity of television shows like CSI, Bones and others. But while those fictional dramas may spark curiosity, Ondek says the reality is much different.

People dont realize how long were out on crime scenes. This crime scene is probably going to take her seven hours to complete. On a TV show, its done in half an hour and its solved and we have the guy in custody. Things just dont happen like that, she said.

Ondek leads a team of 11, but the crime lab is looking to hire several more by the summer. Our staff is really overworked, so to be able to have an extra set of hands out there helping us is extremely important, she said.

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University of Indianapolis provost office hosts mock crime scene - UIndy News

BILLY JEAN LOUIS , blouis@baxterbulletin.com 6:34 p.m. CT March 15, 2017

Mandy Pender, trauma program manager for Baxter Regional Medical Center, explains brain functions to Pinkston Middle School students at the Baxter County Fairgrounds on Wednesday during the school districts crime scene investigation event. The district has been hosting the event for about eight years.(Photo: JOSH DOOLEY/THE BAXTER BULLETIN)Buy Photo

Pinkston Middle School students paid close attention and took notes while stopping at multiple tables in the education building: The goal was to decode a fake crime scene involving their principal.

No one was hurt the students weretrying to find out if it was a crime or an accident.

Hosted at the Baxter County Fairgrounds on Wednesday, the annual crime scene investigation (CSI) program an event based on the popular TV show CSI taught students about heart rate, fingerprints, blood types and more, while incorporating science, math and health.

The offsite learning event, which has been around for about eight years, is an integrated project between Pinkston and Mountain Home High School, giving 320 sixth-graders an opportunity to learn from approximately 160 high school students.

The students spent about eight minutes at each table before they moved on to the next one.

Each student received clues from the tables they visited, so they couldmake an inference on what happened to principal Allyson Dewey.In addition to getting clues, students were given lessons on how to use the materials they learned to solve the crime.

For example, Reagan Prince and Maegann Ingle, both 16, were stationed at table 12 to teach parts of the human brain. The girls used a sheep's brain, saying that it is similar to the humans brain, except for the size.

Baxter Regional Medical Center and the University of Arkansas for Medical Sciences also contributed in teaching about the human brain. They provided a mega brain, helping them understand what the different parts do.

At table 12, the students learned about the dark spots of the brain, or gray matter: They had to wear goggles, and if they wanted to touch the organ, they put on gloves. The presenters at table 10 helped students recognize the types of blood and table 19 focused on the human skeleton.

According to a handout, Dewey was knocked out unconscious at the Baxter County Fairgrounds while looking for a room to hold an ACT Aspire party for sixth-grade students. When she woke up, she didn't know what happened. The handoutstated that she walked into a "dark room" and looked for"a light switch."

Jacob Czanstkowski, 12, said the event is interesting.He said he learned about fingerprints, blood types and how to match a victim with the suspect.

You learn a lot of new stuff, he said.

Pinkston Middle School students use straws to blow cotton balls across a table Wednesday at the Baxter County Fairgrounds to learn about lung function during the school districts crime scene investigation event. The students learned to solve a crime scene.(Photo: JOSH DOOLEY/THE BAXTER BULLETIN)

He said its "a little confusing" because hes not provided a lot of time at the station, but its a lot of fun. Its better than school. The sixth-grader said hes interested in computer science and health: Math is his favorite subject.

Czanstkowski said he learned about the brain and how to take a pulse.

Abby Melton, 11, said she learned aboutfingerprints. The sixth-gradersaid she's interested in becoming a counselor, but she would consider being an investigator because its cool to investigate.

Carol Wegerer, teacher and head of CSI, said the students do all the work. School officials are onlythere to guide them.

Its a great project. I love to see how our kids get involve with the sixth-graders. But whats really amazing is that the teachers really do just step back and watch, she said. Our kids make it happen.

At about 1:45 p.m., the students were told who committed the crime. It was a delivery man who was declined a teaching position at the middle school.According to Wegerer, the man put a box somewhere that Dewey could trip on it.

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Virginia Vertetis looks over the shoulder of defense attorney Edward Bilinkas at evidence photos as Howard Ryan, Co-owner of Highlands Forensic Investigations and Consulting testifies as an expert witness during Vertetis' murder trial in Morris County Superior Court. Vertetis is accused of murdering her ex-boyfriend at her home in Mount Olive in March 2014. March 16, 2017, Morristown, NJ(Photo: Bob Karp/Staff Photographer)Buy Photo

MORRISTOWN - A Long Island man who employed homicide victim Patrick Gilhuley at his private security firm told a Morris County jury Thursday that the victim had a "rocky" romantic relationship with Virginia Vertetis and often joked, even the day of his shooting, "She's gonna kill me some day."

Jurors heard from Gilhuley's friend and employer John Luongo, as well as hours of crime scene reconstruction testimony from retired State Police Lt. Howard Ryan, who now is a forensic operations specialist and consultant but oversaw the criminal investigation section of the Morris County Sheriff's Office when Gilhuley was shot to death on March 3, 2014.

Homicide victim Patrick Gilhuley, who was shot to death in Mount Olive on March 3, 2014.(Photo: Photo: Photo courtesy of Gilhuley family)

Called by Morris County Chief Assistant Prosecutor Matthew Troiano, Ryan led the jury through the crime scene at Vertetis's home on Apollo Way in Mount Olive. Ryan described"flight paths" and "impact points" of the bullets that Vertetis admittedly fired from a .38 Special Smith & Wesson revolver at her lover, a 51-year-old retired New York City Police officer. But Ryansaid he could not identify the sequence of the shots, four of which struck Gilhuley, including the fatal shot to the midline of his back.

Calling a shooting a dynamic event, Ryan said "It's human nature to move around" - both for the shooter and victim.

Vertetis, 54, and a former Wharton Elementary School teacher, is expected to testify in the defense portion of the case that she endured years of abuse from Gilhuley and shot him in self-defense after he allegedly beat, choked and vowed to kill her the night of March 3, 2014. The prosecution's theory is that Vertetis was obsessed with Gilhuley and murdered him when he tried to break up.

Howard Ryan, Co-owner of Highlands Forensic Investigations and Consulting testifies as an expert witness during the Virginia Vertetis murder trial in Morris County Superior Court. Vertetis is accused of murdering her ex-boyfriend at her home in Mount Olive in March 2014. March 16, 2017, Morristown, NJ(Photo: Bob Karp/Staff Photographer)

Ryan testified that all the shots were fired at Gilhuley by the shooter standing at the top or near the top of a staircase from the house foyer to the second floor and pointing the weapon downward. Ryan said he also believes that Gilhuley was standing on the stairs for a part or most of the length of the shooting but was headedtoward the front door of the house, not upstairs, when he was struck.

Howard Ryan, Co-owner of Highlands Forensic Investigations and Consulting testifies as an expert witness during the Virginia Vertetis murder trial in Morris County Superior Court. Vertetis is accused of murdering her ex-boyfriend at her home in Mount Olive in March 2014. March 16, 2017, Morristown, NJ(Photo: Bob Karp/Staff Photographer)

Bilinkas has contended that Gilhuley was chasing Vertetis up the stairs and trying to catch her when she managed to retrieve the gun and fire at him from a position at or near the top of the stairs.

There was a shallow mark on the thumb pad of Gilhuley's right hand that the assistant prosecutor believes is more likely an abrasion while the defense believes it's the mark from a bullet graze, received as Gilhuley extended his hand to grab at Vertetis. Ryan on Thursday said the thumb pad mark, in his opinion, is consistent with Gilhuley being struck as he held his cell phone to his ear with his right hand.

The victim's oldest daughter, Jennifer Gilhuley, had testified last week that she received three short calls from her father between 9:38 p.m. and 9:42 p.m., when the last words she heard from her Dad were: "Holy (expletive), she's shooting!" before the line went dead.

Bilinkas was critical of the crime scene investigation, including questioning why all the bullet shell casings weren't found. Ryan had explained that one bullet went through the front door and glass winter storm door and the casing wasn't found outdoors. He said no one denied the shell casing wasn't found.

"The area outside was very large and very snow-covered," Ryan said. "I did not dig through the snow."

Bilinkas has hired celebrity forensic pathologist Dr. Cyril Wecht, now 86, who was used as a consultant on the deaths of President John F. Kennedy, Elvis Presley, Sharon Tate, JonBenet Ramsey and others. Wecht is expected to testify about 60 marks on Vertetis's body - alleged signs of abuse by Gilhuley - and about his conclusions of the crime scene.

Under questioning by Troiano, Ryan agreed that he read Wecht's report, including the opinion rendered by Wecht about the sequence of shots.

"It's my opinion that Dr. Wecht's report is reckless," Ryan said. He noted that Wecht is a trained medical examiner, not a crime scene reconstruction expert, and he made conclusions that are not supported by the evidence.

Howard Ryan, Co-owner of Highlands Forensic Investigations and Consulting testifies as an expert witness during the Virginia Vertetis murder trial in Morris County Superior Court. Vertetis is accused of murdering her ex-boyfriend at her home in Mount Olive in March 2014. March 16, 2017, Morristown, NJ(Photo: Bob Karp/Staff Photographer)

John Luongo, the friend and employer of the victim, told the jury that Gilhuley frequently confided about a rocky relationship with Vertetis. Luongo said he always advised Gilhuley to break up with her.

"The relationship was a problem and he wanted to break up with her," Luongo said. "I gave him the same advice I always gave him. I said 'End it.'" Luongo said that Gilhuley sometimes would stay at a motel instead of returning to his home in Staten Island because he feared Vertetis would show up at his house.

Luongo said he last saw Gilhuley alive on March 3, 2014 - the day of his death - around lunchtime at a construction site in Manhattan where Gilhuley was supervising security measures. Luongo said he sat in a site trailer with Gilhuley and other workers, who were teasing Gilhuley about texts he claimed to be receiving that day from Vertetis.

"I recall him mentioning text messages coming in and he said 'She's gonna kill me some day,'" Luongo said. But he said Gilhuley said it in a joking way.

"He was laughing. Patrick always laughed," Luongo said.

He said that he realized around 4 a.m. on March 4, 2014 that Gilhuley had called him at 9:38 p.m. the previous night. But the message was garbled and, Luongo said, he couldn't decipher the words so he figured he would talk later to Gilhuley. But then he learned an hour later that Gilhuley had been killed.

Bilinkas, the defense lawyer, showed Luongo records of text messages and calls exchanged on March 3, 2014 between Vertetis and Gilhuley that show Vertetis never texted him on that day until 6 p.m. Luongo looked briefly dismayed and then said he doubts the records and believed that Gilhuley must have used a different phone.

Luongo said he recalled Gilhuley on March 3, 2014, staring at his cell phone, putting it down,shaking his head, laughing and saying: "She's gonna kill me some day."

"He was referring to Virginia," Luongo said.

The trial resumes Monday before Superior Court Judge Stephen Taylor in Morristown.

Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.

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