Homicide

by David Simon

  There could be no stet on this case, no acquittal, no half-assed plea agreement. Gene Cassidy had to walk away from this with nothing less than a first-degree verdict from a city jury. The department owes him that, and for all practical purposes McLarney is now the personification of the department. As Cassidy’s friend, as the supervisor responsible for the case, as the man who has shaped and guided the investigation, it is on Terry McLarney to deliver, to set the thing right.

  The pressure is further compounded by a strange, unspoken guilt. Because on that warm night in October, when the call first came to homicide, McLarney wasn’t in the office. He had left the four-to-twelve shift after the midnight relief began arriving and heard of the shooting only when he called back to the office from a downtown bar.

  Officer down in the Western.

  Head shots.

  Cassidy.

  It’s Cassidy.

  McLarney raced back to the office. To him, it was more than a police shooting. Cassidy was a friend, an up-and-coming patrolman whom McLarney had tutored during his brief tour as a sector sergeant in the Western. The kid was a prodigy—smart, hard, fair—the kind of cop the department wanted out on the street. Even after McLarney had transferred back to homicide, he and Gene had stayed close. And now, suddenly, Cassidy was down, maybe dying.

  They had found him sitting up at the northeast corner of Appleton and Mosher. Jim Bowen, walking foot a few blocks from the district, was the first to arrive and was shocked that he couldn’t immediately recognize a fellow Western man. The face was a bloody pulp, and Bowen knelt to read the breastplate on the uniform: Cassidy. Bowen also saw that Gene’s gun was holstered, his nightstick inside the radio car, which was idling a few feet from the curb. Other Western men began arriving, each more shocked than the last.

  “Gene, Gene … Oh man.”

  “Gene, can you hear me?”

  “Gene, do you know who shot you?”

  Cassidy spoke only one word.

  “Yes,” he said. I know.

  The ambulance sped less than a mile to the shock-trauma unit at University Hospital, where doctors calculated a 4 percent chance of survival. One bullet had entered the left cheek, boring upward across the front of the skull and severing the right eye’s optic nerve. The second slug smashed through the left side of the face, shattering the other eye and plunging Gene Cassidy into darkness before continuing on its path, lodging in the brain beyond reach of a surgeon’s knife. That second bullet left the doctors discussing the worst possibility, that even if the twenty-seven-year-old officer survived, he might suffer severe brain damage.

  A vigil began at the trauma unit when Cassidy’s young wife arrived with two other Western men. Then came the parade of white hats and gold trim—colonels and deputy commissioners—followed by detectives, surgeons, a Catholic priest who offered last rites.

  In its earliest hours, the investigation traveled the time-honored path of all police shootings. Enraged detectives and Western uniforms flooded the area around Mosher and Appleton, grabbing anyone and everyone hanging on the corners. Residents, street dealers, addicts, derelicts—everything that walked was jacked up, intimidated, threatened. Two bullets fired at point-blank range were a declaration of war, and whatever lines of demarcation had once existed between police and the Western locals were suddenly swept aside.

  More than any other supervisor in homicide, McLarney led the charge on that first, miserable night, raging from one possible witness to the next, ranting, raving, throwing the fear of God, the devil and T. P. McLarney into the hearts of everyone and everything in his path. When a police officer gets shot, the I-ain’t-seen-nuthin’ routine doesn’t play anymore; even so, McLarney’s intensity on that first night bordered on recklessness. It was viewed by the detectives under him almost as an act of contrition, a wild-eyed attempt to compensate for the simple fact that when the call came, he had been drinking beer.

  In truth, McLarney’s early departure in the late hours of his shift meant nothing. Homicide work is largely flex time, with one shift blending into another as paperwork is completed and fresh troops arrive. Some men leave early, some late, some work overtime on fresh cases, some are at the bar a few minutes after the relief comes walking off the elevators. No one can anticipate the arrival of a red ball, but in McLarney’s heart of hearts that kind of rationalization meant little. This was more than a red ball, and it mattered to McLarney that when Gene Cassidy got shot down in the street, he was not on post.

  The sergeant’s uncontrolled rage on that first night made the other detectives cautious. Several men—including Lieutenant D’Addario—tried to calm him, to tell him that he was too close to the situation, to suggest that he go home, that he leave the case to detectives who had not served with Cassidy, detectives who could work the shooting as if it were a crime—a vicious crime, but not a personal wound.

  In one confrontation on the street, McLarney actually threw a punch that shattered the bones of his fist. Months later, in fact, it would become a standard joke in the unit: McLarney broke his hand in three places on the night Cassidy was shot.

  In three places?

  Yeah, in the 1800 block of Division Street, in the 1600 block of Laurens, in the …

  McLarney was out of control, but he couldn’t leave. Nor did anyone really expect him to. Whatever else they felt about his involvement in that first night’s investigation, the men who worked with McLarney understood his rage.

  At 2:00 A.M., about three hours after the shooting, an anonymous caller dialed 911 and told police to go to a North Stricker Street house, where they would find the gun used to shoot the officer. No weapon was discovered, but the detectives nonetheless grabbed a sixteen-year-old at that address and took him downtown, where he began by denying any involvement in the incident. The questioning was both prolonged and heated, especially after detectives did a leuco malachite test on the bottom of the kid’s sneakers and came up positive for blood. At that point, it was all the detectives could do to keep McLarney away from the terrified, beleaguered kid who, after several hours of heated interrogation, finally gave up one Anthony T. Owens as the gunman. A second man, Clifton Frazier, was named as being present at the time of the shooting but otherwise uninvolved. The young witness put himself within a few feet of the shooting and declared that he had seen the officer wade into a crowded drug corner before being shot without provocation by the eighteen-year-old Owens, a small-time narcotics dealer.

  Detectives working around the clock typed up arrest and search warrants for Owens, got them signed by the duty judge, then hit Owens’s apartment in Northwest Baltimore at six-thirty that evening. The raid produced little, but before detectives left the address, another anonymous caller said that the man who shot the police was inside a Fulton Street rowhouse. Police raced to that address and failed to find Owens. They did, however, discover twenty-four-year-old Clifton Frazier, the man named as a witness. Frazier was taken downtown, where he refused to make a statement and demanded a lawyer. Wanted on a seemingly unrelated assault warrant, Frazier was taken to the city jail, but bailed out hours after his hearing with a court commissioner.

  Late that evening, the younger sister of the reluctant sixteen-year-old witness showed up at the homicide unit and declared that she, too, had been on Appleton Street with several young girlfriends and had seen the police get shot when he walked onto the crowded corner. She claimed that just before the shooting, she had seen Clifton Frazier nudge Owens and say something. The girl also insisted that after the shooting, Owens fled in a black Ford Escort driven by Frazier. Based on that statement, detectives again began looking for Frazier; they found that after being released on bail, he had gone on the wing. They issued a second warrant for him and continued the search for Owens. Later that same night, as the thirteen-year-old girl was initialing the pages of her statement, Anthony Owens walked up to the deskman at the Central District.

  “I’m the man they say shot the police.”

  He had gone to the Cent
ral for fear that he would be beaten, or even killed, if he was taken on the streets of the Western, a fear that was in no way unjustified. The other detectives managed to keep McLarney away from the suspect, but Owens was not about to make it through processing, the district lockup and the ride to the city jail without taking some licks. It was brutal, of course, but not indiscriminate, and perhaps Anthony Owens understood that it was in some way required when a police gets shot twice in the head. He took the blows that came his way and made no complaint.

  For days after surgery, Gene Cassidy drifted between life and death, lying in a semicomatose state in the intensive care unit with his wife, mother and brother at his bedside. The brass had disappeared after the first night’s vigil, but the family was joined by friends and officers from the Western. Each day, the doctors adjusted and readjusted the odds, but it was two full weeks before Cassidy gave them a clue, squirming restlessly as a trauma unit nurse worked with his bandages.

  “Oh, Gene,” said the nurse, “life’s a bear.”

  “Yeah,” said Cassidy, struggling with each word, “a … real … bear.”

  He was blind. The bullet in his brain had also destroyed his senses of smell and taste. Beyond that permanent damage, he would have to learn to talk again, to walk, to coordinate his every movement. Once their patient’s survival was assured, the surgeons proposed a four-month hospital stay followed by months of physical therapy. But, incredibly, by the third week, Cassidy was walking with the help of an escort and relearning vocabulary in sessions with a speech therapist, and it became increasingly clear that his brain functions were intact. He was discharged from the trauma unit at the end of a month.

  As Cassidy returned to the world of the living, McLarney and Gary Dunnigan, the primary on the case, were there with questions, hoping Cassidy could strengthen the case against Owens by recalling details of the shooting independently, perhaps even identifying or describing the shooter in some way. But to his great frustration, the last thing Cassidy could remember was eating a hot dog at his father-in-law’s house before going to work that day. With the exception of a brief image of Jim Bowen’s face leaning over him in the ambo—a scene the doctors believe he could not have witnessed—he recalled nothing.

  When they told him the story about the Owens kid, about being shot without provocation as he tried to clear a drug corner, Cassidy drew a blank. Why, he asked them, would I leave my nightstick in the radio car if I’m clearing a corner? And since when was Appleton and Mosher a drug corner? Cassidy had worked that post for a year and couldn’t remember anybody dealing off Appleton. To Cassidy, the story didn’t mesh, but try as he might, Cassidy simply couldn’t remember.

  And yet there was something else Gene Cassidy couldn’t recall, an incident that had occurred one night in a hospital room, when his mind was still veiled in a gray haze. Something, some hidden vein of Western District ethic, perhaps, prompted Cassidy to get up and walk on his own for the first time since Appleton Street. Slowly, he made his way to the bedside of another patient, a fifteen-year-old boy injured in an auto accident.

  “Hey,” said Cassidy.

  The kid looked up at a terrifying apparition clothed only in a hospital smock, its eyes swollen and unseeing, its head shaved and scarred from surgery.

  “What?” asked the kid.

  “You’re under arrest.”

  “What?”

  “You’re under arrest.”

  “Mister, I think you better go back to bed.”

  The ghost seemed to consider this for a moment before turning away. “Okay,” Cassidy said.

  In the weeks after the shooting, McLarney and other detectives gathered narcotics officers from CID and the Western District’s drug enforcement unit and began surveillance of the drug markets near Appleton Street. The assumption was simple: If Cassidy was shot because he had tried to clear a drug corner, then every dealer in the sector would know about it. Some of those dealers would be witnesses; others would know witnesses. More than a dozen traffickers were, in fact, locked up, then interviewed from a position of strength by detectives who could demand information while offering a chance to deal with prosecutors on the drug charges. Incredibly, none had useful information.

  Likewise, the night of the shooting had been brisk but not particularly cold, and there was every reason to believe that the locals would have been out on rowhouse stoops well into the evening. Yet a second canvass of Mosher and Appleton streets produced little in the way of witnesses. A lengthy search for the black Ford Escort that was supposed to be the getaway vehicle yielded nothing at all.

  In late January, the case was shifted to the career criminals unit of the state’s attorney’s office, where two veteran prosecutors, Howard Gersh and Gary Schenker, reviewed the indictments and the witness statements. Owens and Frazier were still being held without bail, but as a prosecution, the case was a disaster. For witnesses, they had a reluctant sixteen-year-old delinquent and his thirteen-year-old sister, whose penchant for running away from home made her unreliable and almost impossible to find. Moreover, the statements from the two children, though similar, differed on key points, and only the girl’s statement implicated Frazier as an accomplice. Meanwhile, there was no weapon, no physical evidence, no motive that might placate a juror asked to consider weak evidence.

  McLarney felt real fear. What if there was still a lack of evidence at the point of trial? What if they never found another witness? What if they went to court and lost this thing on the merits? What if the shooter went free? In one particularly bad moment of doubt, McLarney actually called Cassidy and, at the suggestion of prosecutors, asked about a thirty-year plea for Owens on a second-degree attempted murder. That meant parole in ten.

  No, said Cassidy. Not thirty.

  Good for him, thought McLarney. It was obscene even to be thinking about a plea agreement. Cassidy was blind, his career finished. And although Patti Cassidy’s employers had offered to hold her position, she had given up her job as an accountant to be with Gene through the months of therapy. Two lives would never be the same—more than two, thought McLarney, correcting himself.

  It was just before Christmas when Patti Cassidy’s persistent ailments were properly diagnosed. Her nausea and exhaustion were not, as she had believed, the result of stress following the shooting. She was pregnant. Conceived only days before Gene was wounded, the couple’s first child was a wonderful blessing, a living, breathing claim to the future. But no one needed to mention that the pregnancy, too, was bittersweet; that this was a child Gene Cassidy would never see.

  Patti’s pregnancy only fueled McLarney’s obsession with the case. But some detectives believed that McLarney’s intensity could be attributed in part to something else, something that had nothing to do with Cassidy or the baby, but something that happened in a back alley off Monroe Street, little more than two blocks from where Cassidy fell.

  For McLarney, the investigation into the death of John Randolph Scott had become an obscenity. For him, the pursuit of other police officers was unthinkable. There was no way that he could reconcile a world in which Gene Cassidy is shot down in the street and less than a month later, the homicide unit—McLarney’s squad, in fact—is out in the districts chasing the men who worked with Gene, putting beat cops on a polygraph, checking service revolvers and searching station house lockers.

  It was absurd, and in McLarney’s opinion, the John Scott case was still open because the suspects were cops. In McLarney’s world, a cop would not shoot someone and leave the body in an alley, not the men he had worked with anyway. That was where Worden had gone off course. Worden was a helluva cop, a good investigator, but if he really believed a police murdered that kid then he was just wrong. Dead wrong. McLarney didn’t really blame his detective directly. Worden, in his eyes, was a product of the old school, a cop who followed a superior’s orders, no matter how ass-backward. The blame therefore belonged, not to Worden, but to the command staff, and especially to the admin lieutenant and the captai
n who had taken the Monroe Street probe out of the regular chain of command. Too early in the investigation they discarded the possibility of a civilian suspect, McLarney thought, too early they sent Worden after the cops on the street. The admin lieutenant wasn’t an investigator, neither was the captain; for that reason alone McLarney believed they should never have taken the Scott case from him and D’Addario. More to the point, McLarney had been in the Western and they had not. He knew what could happen on the street and what couldn’t. And he believed that Monroe Street was lost the moment everyone involved decided that a cop had done the murder.

  It all made for a helluva speech, and among the detectives on his shift, no one was ready to deny that McLarney believed every word of it. Then again, he had to believe it. Because more than anything else in his life, what Terrence McLarney felt about the Western, about himself, could not be compromised. In McLarney’s mind, anyone who wanted the truth need not look farther than Gene Cassidy bleeding at the corner of Appleton and Mosher.

  That was police work in the Western District. And if everyone else in the police department couldn’t see that, well, McLarney could give eloquent expression to his feelings: fuck it and fuck them. He decided he would have nothing to do with the Monroe Street case. Instead, he would do something much more productive and satisfying: He would fix the Cassidy file.

  It was just after the news about Patti’s pregnancy that McLarney sent a note to the captain, requesting a detail of two men from the Western District beginning February 1, telling himself that if necessary, they would work the case right up to the May trial date. There was nothing else to do; to lose a police shooting, this police shooting, was too much to contemplate.

  The captain had given him the detail and the Western had sent him two of their best. They were a Mutt and Jeff pair: Gary Tuggle, a short, wiry black kid who worked in the district’s plainclothes unit, and Corey Belt, a tall, thick-necked monolith with the appearance and temperament of a defensive end, attributes that appealed to the varsity lineman in McLarney’s past. Both were smart, both were healthy and both were aggressive even by Western standards. Out on the street, McLarney took a certain amount of delight in the sheer spectacle of his new detail, the obvious contrast between a thickening thirty-five-year-old sergeant and the two well-proportioned carnivores in his charge.