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A Discussion of Van Dyken Long Soldier's Claim of Self Defense
Sgt. Allen Kimery was an experienced officer. He was stopping a car who's driver had left a service station without paying for gasoline. Because the incident occurred in the City of Missoula, Sgt. Kimery requested that a city police officer respond to the location, and the investigation would have been turned over to the city officer when he arrived.
Had Sgt. Kimery been aware that the vehicle was stolen, he would have requested additional help and waited for their arrival before stopping the vehicle. Officers would have conducted a high risk stop which maximizes officer safety. Unfortunately neither Sgt. Kimery or the dispatchers knew that the vehicle was stolen until after the shooting.
Acquaintances of Van Dyken testified that during the evening prior to the shooting, Van Dyken had said that if he was stopped by a cop he would "blow them away."
Van Dyken's own testimony at trial was that he knew he had been stopped by a law enforcement officer, and that as the officer walked toward the car, he (Van Dyken) took the revolver in his right hand and "threw a bullet over [his] left shoulder" in the direction of the officer because he "just wanted to get out of there."
The time line, evidence found at the scene and even Van Dyken's sworn testimony during the second trial all indicate that Deputy Kimery was shot before he reached the Monte Carlo's driver's side door.
Deputy Kimery was shot from a distance of about three feet as he was walking alongside the car to contact the driver. All of the shots fired by the deputy that struck the car went through the trunk or rear window. They were fired from behind the vehicle as it sped from the scene of the homicide.
During two lengthy trials Van Dyken never made any claim of self defense, but now he states on his website that there is "strong evidence of self defense". What and where is this evidence?
In fact there is not a shred of evidence that he acted in self defense.