In depth: Deputies cleared in shooting death

By Uriah A. Kiser

Published: September 3, 2008

STAFFORD — Four Stafford County Sheriff’s Office deputies have been cleared of any wrongdoing in the shooting death of a Falmouth man.

A letter signed by Stafford sheriff Charles Jett states that the department has completed its investigation into the June 29 shooting death of David Gandy, 49, of 14 Myrtle Lane. The review found that the four deputies involved in the incident followed proper procedure when a deputy shot Gandy in his back yard.

“Our investigation uncovered no action, by the deputies involved that failed to conform to the policy of this office. We, therefore, have determined that the deputies acted within the scope of their duties and policy of the sheriff’s office,” said Sheriff Charles Jett in a signed letter to the family.

A statement later released by the sheriff’s office said two investigations, one by Stafford’s Commonwealth Attorney Dan Chichester, and an internal investigation by the Stafford County Sheriff’s Office, determined the deputies acted in self-defense and violated no laws.

All four deputies involved in the shooting incident have been returned to duty. The department will not release the names of the deputies involved in the incident.
“When I found out they were doing their own investigation I had an idea as to how things would turn out,” said Matthew Gandy, the victim’s son. “This whole thing is a cover up to protect the guys who killed my dad.”

Though he was at a neighbor’s house when the shooting took place, Gandy said he was not immediately allowed into the crime scene and that a sheriff’s deputy told him that proper procedure had not been followed, despite the findings of the internal investigation.

Mathew Gandy called police to the home June 29 after he learned his father had a gun and was threatening suicide. When police arrived David Gandy reportedly ignored commands to raise his hands in the air and drop his weapon. Police said they fired two Taser weapons that were ineffective. Police then shot and killed him using three .223 caliber rounds, high-powered rifle ammunition used commonly by law enforcement.

Witnesses, including a neighbor and David Gandy’s wife Terry Gandy, there at the time of the shooting, said police stormed the back yard patio where Gandy was seated. They said as soon as police entered Gandy ran about 12 feet to the back door of his home, never pointing his weapon at deputies.

A letter written last week by Chichester states, “deputies formulated a reasonable plan” that would have removed the weapon from Gandy’s hand. Witness accounts said the entire incident happened so fast, Gandy’s gun was concealed and he never was able to point at them as police charge.

The Chichester letter and the official press release from the Stafford County Sheriff’s Department do not include any eyewitness testimony, other than that of the members of the sheriff’s office present at the shooting.

Gandy obtained the weapon from Jordan Von Schwanitz, a neighbor who lives next door to the family. Gandy told Von Schwanitz he had spotted someone suspicious in his back yard and he needed the gun for his protection. Von Schwanitz said he gave Gandy the gun at his front door, went back inside his house to put his shoes on, and then came back to find Gandy gone. He later found him in his back yard and ultimately witnessed the shooting.

Police say according to a toxicology report from the state, Gandy’s blood alcohol level was twice the legal limit and there were traces of prescription medication in his body the night he was killed. According to police documents obtained last month, no prescription medications were taken from the home during a police search.

Gandy’s family said they are still awaiting those reports from the State Medical Examiner’s Office in Richmond. “This has been a very difficult time for all of the individuals who were involved in this tragic event,” said Jett in a released statement. “I am keenly aware that the death of Mr. Gandy is a deeply regrettable incident for the community but especially for the family of David Gandy.”

Gandy is survived by his wife and two sons, ages 24 and 26.