McCrary to stand trial

Defendant ruled competent

March 19, 2006

MARY AMES/Frontiersman reporter

PALMER - A taxidermist shot by a Palmer police officer in September was in Palmer Superior Court Thursday for a competency hearing, but little in the record reflected that purpose.

Shawn McCrary, 43, is competent to stand trial, according to Judge Eric Smith.

&#8220The people who evaluated you say insanity isn't an issue,” Smith said.

Smith ordered McCrary to receive competency and culpability examinations at Alaska Psychiatric Institute on Jan 3., and Smith said he expected Thursday's hearing only would address McCrary's competency before his jury trial, scheduled for Monday.

But other issues cropped up, including scheduling conflicts and whether McCrary would request new counsel. McCrary, sitting in the jury box in handcuffs and holding a notebook, interrupted his public defender, Bruce Brown, the prosecuting attorney, James Fayette, and the judge, including arguing law with Judge Smith, throughout the hearing.

&#8220Mr. McCrary, you are beginning to push the bounds of my ability to run this case,” Smith said. &#8220I'm not going to let you raise legal issues that have nothing to do with this case.”

McCrary allegedly violated a domestic-violence protective order Sept. 19 when he refused to leave his estranged wife's house on South Gulkana Street, called Rebecca McCrary, who was staying at another residence, and threatened to shoot himself in front of her at Butte Elementary School where she worked. McCrary barricaded himself in the home when four Palmer police officers and an Alaska State Trooper arrived to serve a search warrant and an arrest warrant two days later.

McCrary and Palmer Police Chief Russ Boatright spoke through the door, but McCrary refused to come out or allow the police to enter. When Sgt. Lance Ketterling, officers James Gipson and Philip Krauss and trooper Sgt. Bob Cox broke in, McCrary had a Colt .45 semiautomatic handgun, which he refused to put down.

During a standoff, Boatright made an agreement that he would holster his gun and McCrary would drop his, Boatright said in October. When Boatright was less than 6 feet away, with his gun holstered, McCrary made a move to pull the Colt out from his armpit, Boatright said.

Ketterling shot McCrary twice in the abdomen, according to Boatright.

McCrary told a different story: That he had no gun when he was Tasered and shot.

&#8220I was on my knees, on my butt,” McCrary said from jail in October. &#8220I didn't have a gun. One of the cops went to Taser me, and I jumped as the Taser shot right by me. I jumped instinctively and I was shot. Next thing I knew, they Tasered me.”

Anchorage police investigated the shooting. Both the prosecution and the defense have copies of the draft report, but a draft report wasn't good enough for McCrary, who said in court that he hadn't received any official reports on the shooting.

&#8220The shooting report and the audio tapes from when I was on my knees and three officers shot me have not been turned over,” McCrary said.

Brown said his office had received the draft report and the audio tapes, but he has had difficulty getting information to McCrary.

&#8220He marks them ‘Refused' and sends them back,” Brown said.

&#8220I don't want a draft report,” McCrary said. &#8220I want the audio tapes of Ketterling, Gipson, Krauss and Boatright. They will prove my innocence.”

Then McCrary requested a change of counsel.

&#8220Bruce Brown's job is to sell me out to Fayette,” he said.

After Judge Smith scheduled a March 22 representation hearing, where a new attorney could be appointed, McCrary decided he would go to trial Monday with Brown as his attorney.

But that might not happen either.

&#8220I'll keep it calendared for the 20th, just in case,” Smith said. &#8220We have 20 others scheduled for trial that day, including an attempted murder.”

Contact Mary Ames at 352-2284 or mary.ames@frontiersman.com.