Newhall Shooting - A Tactical Analysis. Michael E. Wood

CHP narrative of the shooting, Officer Holmes fires at Davis as Davis is getting into the driver’s side of the vehicle, and then fires again at the Pontiac as it speeds off through the gas pump islands.

      However, in his report that was filed that morning, Officer Holmes wrote that, as they arrived on the scene, he observed a suspect at the rear of Unit 78-12 by Officer Pence. This suspect ran to the left rear of the Pontiac, turned, and fired once at Officers Holmes and Robinson as Officer Holmes was getting out of the door. The suspect fired with his right hand across the rear trunk deck, and then entered the vehicle on the driver’s side. Officer Holmes fired at this suspect with one shot.

      This suspect would have been Twining, not Davis. Twining had just executed Officer Pence and was standing near him. Additionally, Twining is the suspect that fired at Officers Holmes and Robinson as they arrived, according to the CHP narrative and witness statements.

      Adding to the confusion, Officer Holmes described the suspect as wearing a yellow shirt, but it was Davis who had a yellow windbreaker on during the shooting, not Twining. Twining was wearing a green sweatshirt. Perhaps it took on a yellow tint under the neon lighting from the gas station, or perhaps Officer Holmes was just confusing the details of the fast-breaking situation.

      So, while it is unclear whether Officer Holmes fired at Davis or Twining, it is presumed that his memory of firing at Twining (the suspect who was near Pence when they arrived, and who shot at them), was correct.

      Other witness testimony about this phase of the fight is also unclear, particularly when it comes to how Twining entered the Pontiac. Some witnesses reported that Twining entered the vehicle on the driver’s side after Davis and pushed Davis out of the way. Others reported first seeing Twining entering on the driver’s side, then witnessed considerable movement and hearing shouting within the vehicle before it drove away. Still others reported that Twining entered the vehicle on the passenger side, perhaps confusing the timeline for when he entered the vehicle this way earlier in the fight to obtain the 1911 handgun on Unit 78-12’s arrival.

      The blood inside the vehicle suggests that Twining may have crawled into the back seat before they fled, because there is a noticeable preponderance of Twining’s blood in the rear of the vehicle (particularly on the driver’s side) and almost none in the front. There is no noticeable blood on the front passenger seat. The few drops of blood found on the inside of the passenger side door were probably deposited as Twining rummaged through the vehicle looking for weapons and ammunition. If Twining crawled into the back seat when Davis was already at the wheel, this would explain some of the movement that was reported by witnesses.

      In this scenario, Twining would have approached the driver’s side with the intention of driving the vehicle away, only to realize that the driver’s seat was already occupied by Davis. At this point, Twining would have climbed into the back seat of the vehicle because it would have been faster and would have allowed him to get behind cover more quickly.

      This assumption is further reinforced by the fact that both felons exited the Pontiac out the driver’s side of the vehicle when it came to a stop. The abandoned car was found by officers with the passenger side door closed.

      California Highway Patrol. (1975) Newhall: 1970 [Film], Personal interview with CHP Officer (Retired) Richard Robinson, and Los Angeles County Sheriff’s Department Homicide investigation files.

      45. Officer Alleyn died enroute to Golden State Hospital. This is the format of Officer Holmes’ radio call per the California Highway Patrol, but Officer Holmes’ partner, Officer Richard Robinson, clearly remembers the shocking radio call differently. Officer Robinson vividly remembers Officer Holmes stating, “11-41, three, no, four possible 11-44” (ambulance required, three, no, four possible dead). Anderson, J., & Cassady, M. (1999) The Newhall Incident. Fresno, CA: Quill Driver Books. p.163, and personal interview with Officer (Retired) Richard Robinson.

      46. Interview with former CHP Officer Palmer. Santa Clarita Valley Historical Society. (2010) The Newhall Incident: A Law Enforcement Tragedy [Film]. Santa Clarita, CA, courtesy of Santa Clarita Valley Historical Society and SCVTV, <http://www.scvtv.com/html/scvhs040510btv.html> and Los Angeles County Sheriff’s Department Homicide investigation files.

      47. Interview with CHP Sergeant (ret.) Ingold and Los Angeles County Sheriff’s Department Homicide investigation files.

      48. Personal interview with CHP Officer (Retired) Richard Robinson.

      49. Davis encountered Daniel Joseph Schwartz during his escape and fired a single shot at him while Mr. Schwartz was inside the camper shell on his 1963 International Scout pickup. Mr. Schwartz blindly returned gunfire through the door of the camper with his Enfield No.2 Mk I* revolver, chambered for the relatively impotent .38/200 (or .38 S&W) cartridge. One of his three bullets struck Davis and slightly wounded him, according to the CHP. The weak bullets didn’t have much energy after penetrating the camper, which is why Davis was not more seriously wounded.

      After Davis threatened to burn him out, Mr. Schwartz exited the vehicle and fired his remaining three rounds at Davis (perhaps wounding him again—Davis had an armpit wound and a wound to the right neck/collarbone area), whereupon Davis clubbed him with the now empty revolver that he had stolen from the dead Officer Frago.

      Having savagely beaten Mr. Schwartz, Davis escaped in the truck, only to be captured by Los Angeles County Sheriff’s Deputies Fred Thatcher and Don Yates at a roadblock along San Francisquito Canyon Road around 04:15 on 6 Apr ’70.

      Twining escaped in the hills to the south on foot and attempted to steal a car at the residence of Steven G. (alternately, “Glenn”) and Betty Jean Hoag around the same time that Davis was captured. When he was discovered by Mr. Hoag, he took him hostage, using the CHP shotgun. Mis’ess Hoag had enough time to call the nearby CHP Newhall office (half a block away, at the bottom of the hill!) and ask for help before Twining took her hostage, as well. Responding CHP Officers and LASO Deputies rescued Mrs. Hoag and her teenage son, but Mr. Hoag remained captive until Twining released him approximately five hours later. After negotiations failed, a team of LASO Special Enforcement Bureau (SEB) Deputies launched a tear gas attack on the house, shortly retreated, then reentered the home after the gas had cleared somewhat. Twining committed suicide with Officer Frago’s stolen shotgun during the ensuing gunfight. Anderson, J., & Cassady, M. (1999) The Newhall Incident. Fresno, CA: Quill Driver Books. P.155-180, and Kolman, J., Capt.. (2009) Rulers of the Night, Volume I: 1958-1988. Santa Ana, CA: Graphic Publishers, pp. 134-139 and Los Angeles County Sheriff’s Department Homicide investigation files.

      50. Interview with CHP Sgt. Ingold (ret.). Santa Clarita Valley Historical Society. (2010) The Newhall Incident: A Law Enforcement Tragedy [Film]. Santa Clarita, CA, courtesy of Santa Clarita Valley Historical Society and SCVTV, <http://www.scvtv.com/html/scvhs040510btv.html>.

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Photo Gallery

       Aerial view of the crime scene, with J’s Coffee Shop in center and Standard Station at bottom left. The Pontiac was abandoned at the end of the road at middle left, but towed back to its origin during reconstruction, as shown. (Photo courtesy of California Highway Patrol)

       Day breaks on a murder scene. Officer Alleyn’s cap on Unit 78-8 in foreground, Officer Pence’s cap on ground by Unit 78-12 in background. Pools of blood mark the positions in which these valiant officers were slain. The blanket near 78-12 was placed over the fallen Officer Pence by Citizen-Hero Gary Kness when the smoke cleared. (Photo courtesy of CHP Sergeant [Ret.] Harry Ingold).

       As the sun comes up, Units 78-8 and 78-12 are visible