Modesto police report that a man who was shot by an officer last week after claiming to have explosives and firearms was in possession of only a cane and flashlight.
Modesto resident Howard Shaw, 51, remains in stable condition at a local hospital after being shot by officer Mark Starr after an hourlong standoff with police.
Shaw, who initially called 911 about a disturbance at his house, was shot when police thought he pointed a rifle at them. The object later turned out to be a walking cane.
Shaw has had a prior incident with law enforcement. In October 2007, he was arrested by Ceres police after threatening officers with a shovel.
"Mr. Shaw's actions by threatening the officers and then pointing a cane, as if it was rifle at them, were dangerous and unpredictable," said Modesto Police Chief Mike Harden in a written statement. "Shaw's actions caused the officers to act and it now appears as if Shaw's level of intoxication and unpredictable state may have contributed to his violent and unpredictable behavior."
According to a news release issued by Lt. Rick Armendariz, Modesto police responded to a disturbance call at 2:18 a.m. Oct. 11 at Shaw's residence in the 900 block of Helen Avenue in northeast Modesto. Shaw said people were in his front yard throwing rocks onto his property.
When officers arrived, they found large pieces of a concrete planter, rocks and debris scattered on the road in front of his house. When police went to Shaw's residence, he was "agitated and uncooperative" toward them, according to the report.
Armendariz said his "bizarre behavior quickly escalated" and he told officers he had explosives and a gun, and would use them against the police. Officers said he appeared to be under the influence of alcohol.
Police negotiated with Shaw for nearly 60 minutes, by telephone and through the front door.
They also learned there was a 75-year-old man in a wheelchair inside the house and were worried for his safety.
During the negotiation, the news release says, officers saw Shaw inside the house "carrying what appeared to be a rifle with a flashlight at the end."
The incident came to a head when Shaw pointed what officers thought was a rifle at them through his front window. Starr, an eight-year veteran of the department, discharged his duty firearm and struck Shaw once.
Shaw surrendered to officers and was transported to a hospital, where he remains in stable condition.
A search of his residence after the shooting found no firearms or explosives, but did uncover a 3-foot black wooden walking cane and a flashlight.
Investigators have learned it was Shaw who threw the rocks and debris into the street.
The elderly male was uninjured and not involved in this incident.
Modesto police and the Stanislaus County district attorney's office are continuing their investigation. An investigation by the Modesto Police Department's Internal Affairs Unit is also under way, as is standard protocol with officer-involved shootings.
Starr was placed on paid administrative leave after the shooting and is scheduled to return to work.
Anyone with information related to this incident is asked to contact Modesto police Detective Craig Grogan at (209) 572-9627.
Bee staff writer Marijke Rowland can be reached at mrowland@modbee.com or (209) 578-2284.
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