William H. McMichael

The News Journal

The threat posed by criminals with advanced firepower demands the ability to respond tactically, whether or not the gear used to do so is military surplus, Delaware police chiefs say.

At the same time, they agree, a balance must be struck between possessing that capability and not presenting an intimidating, unapproachable face to the general public they serve.

The issue has been elevated by the militaristic police response to protestors and rioters who took to the streets of Ferguson, Missouri, after an officer shot and killed an unarmed 18-year-old man Aug. 9 in a confrontation that remains unresolved. Many saw the response as overkill; some have argued that police presenting a militaresque front "invites confrontation."

A collateral target of the waves of outrage drawn by the televised spectacle has been the Pentagon's "1033" program, which supplies surplus items ranging from shovels to armored troop carriers to police departments at no cost.

Delaware police agencies have requested and received $9.86 million worth of tactical and nontactical equipment since late 2009 – gear its chiefs say is often useful, even critical, and costs state taxpayers nothing.

The Defense Department's Defense Logistics Agency had previously provided data to the News Journal on the dispersement of non-tactical equipment, but limited information about distribution of tactical gear to the county where it was sent. Details on which agencies in the state received that equipment were obtained from the state Department of Safety and Homeland Security via the Freedom of Information Act.

The Pentagon has said it supplied little of what has been depicted on TV screens worldwide. But those images, combined with stories of police deployment of fearsome-looking mine-resistant armored vehicles in certain communities around the nation, have raised questions about whether such gear is appropriately used.

State chiefs interviewed mostly declined to comment on the specifics of what happened in Ferguson.

"I think that there's been a tremendous amount of people on both sides of this issue that commented without the benefit of knowing the facts," said Chief John Horsman of the Delaware Capitol Police. "And I think until we know the facts of what occurred in Ferguson, it'd be inappropriate to comment on that situation."

Yet without directly addressing the militaristic images that have been the hallmark of the Ferguson confrontations, Horsman acknowledged the visual impact: He doesn't want citizens to fear the police.

"Oh, absolutely not," he said. "There's a lot of reasons that agencies use, other than enforcement, horses and motorcycles and bicycle patrols, for instance. And that's because it makes the officer approachable. Because they come from the community, we want them to be part of that community."

At the same time, Horsman, as did other Delaware chiefs, said protection of his officers comes first.

"Two of our officers in New Castle County Courthouse are alive today because they were wearing the proper equipment for their mission that day," said Horsman, referring to the Feb. 12, 2013, shootout at which a man shot and killed his daughter-in-law and a friend. Thomas Matusiewicz then shot two police officers in the chest before he was shot and killed. Both officers survived because they were wearing bulletproof vests.

"And I think that's the bottom line," he said. "And I'm talking about as a people, but also as an administrator. I have an obligation to make sure those officers are properly equipped to meet the demands of the day."

Pentagon surplus has been a part of that preparation. Since 2009, Horsman has accepted nine 5.56 mm assault rifles and one .45-caliber pistol, along with miscellany ranging from handcuff cases and space heaters to computers.

Like many other departments contacted by the News Journal, however, Horsman said those surplus rifles he's been sent are being used only for training. His force has new rifles, bought with state funding "in response to" the courthouse shootings.

Selbyville Police is an exception.

"Patrol rifles are about anywhere from eight to twelve hundred dollars apiece," said Chief Scott Collins. By performing temporary modifications totaling about $300 in each rifle, he said, "We had a fully updated patrol rifle that we could easily convert back to its original state when we turn it back in."

Some military surplus – think computers – isn't dated, at least in terms of real time. The rifles, Collins said, were early 1970s models. "They were old," he said. "Some of them actually had five-digit serial numbers on them."

Collins also obtained sets of surplus tactical body armor, bulky gear with a distinctly military look to it but that, say, in an active shooter situation, gives his officers "a lot more protection than what they normally would have."

Yet, Collins pointed out, "That's not something that you're wearing around every day. It's something that stays in your car, it comes out in training and during those high-risk situations. The same with the rifles. The rifles are there and available to the officers; it's not something you're out toting around on the streets day to day."

An up-armored vehicle wouldn't likely be out on patrol, either. But such equipment has its place, one chief said.

"You have the school shootings," said Chief Dan Tjaden of the New Castle City Police. "And we have several schools here in town. The chances are very, very high that we're going to be the first officers on the scene. And you have an active shooter in there. Sometimes, it's better to have an up-armored vehicle versus a police car to hide behind."

Tjaden, however, doesn't want to acquire one.

"Not necessarily," he said, noting his department's small size and the heavier-duty support he could call upon from larger agencies, such as Wilmington's. "Common sense has to come in. Do I need it? Probably not."

Most of Delaware's police departments are in the same situation, and share a similarly low-key view of the Pentagon's surplus program.

"We look for stuff that we can do stuff with in the community," said Chief Norman Barlow of the Harrington Police Department. Harrington was the state's No. 2 recipient of nontactical military surplus over the past three years, second only to Delmar, but did not request nor receive a single tactical item over that period of time.

"As far as tactical stuff, we're a small department; we've got [assault] rifles, we've got handguns, we've got shotguns," Barlow said, adding that this equipment was obtained with grants or, in the case of his rifles, with confiscated illegal drug money. "We don't have a SWAT team or anything like that. So when we do something tactical, we rely on another agency, at times, to help us that's much bigger than us."

Barlow said he's been much more attracted to surplus items such as four-wheeler trucks and golf carts.

The Pentagon program has its drawbacks – mostly because gear is either dated or, because of the sort of blind way in which it's offered, doesn't turn out to be what it seemed. Last year, Horsman obtained two sets of what are described as "optical sighting and ranging equipment." It is regarded as tactical gear.

"What we thought we were getting were spotter scopes to use on the range" – something an officer could use on a firing range to see where another officer's shots were hitting the target, Horsman said. He chuckled. "What we actually ended up with was something you might mount on top of a tank," he said.

"It just wasn't what we expected," he said.

Earlier this year, Collins was sent a bomb suit he requested for the department's side of the Selbyville Museum. "Actually only the top half of a suit," he said. "So it isn't exactly what we were looking for."

Still, Collins likes the surplus program.

"It's taxpayer money that's sitting there," said Collins. "Especially for the small departments, it's a huge way to save substantial amounts of money and acquire equipment that's no way we could ever budget in our normal budget process. And for me, as a chief, if I can provide my officers with that extra protection, especially with the big push in active shooter training … certainly I'm going to take advantage of it."

No matter how such gear is obtained, the chiefs said the public's view of how it is deployed is crucial to good relations with those they serve.

"I don't have vehicles sitting around all camouflaged, or we don't walk around with camouflage on," Barlow said, adding that his department focuses on reaching out to the community. "I think that whether you're a soldier or a police officer, you have some sort of image to carry. We don't walk around with assault rifles across our shoulders, in a small community. We walk around with our gun belt on.

"We don't go out and present ourselves like we're [from] a military base," he said. "We're police officers. We're trained differently, and for different reasons."

That goes for the specialized Capitol Police as well, Horsman said. "Even where we work – a very limited scope because we're primarily in the courts and in these facilities – the citizens have to feel comfortable that they can approach our officers and engage them in whatever the conversation they need to engage them in," he said.

"It is a tightrope that we have to walk."

No matter what is ultimately concluded about what went down in Ferguson, the police response there will have a longstanding impact on how at least some of the general public views the police.

"We're on the front line and we have to do our job," Harrington's Barlow said. "We're the ones called to keep peace, and we're the ones called to provide assistance, and protect and preserve life and property. … Can it affect us? Sure. Will it affect us? It's probably going to affect us for years."

Contact William H. McMichael at (302) 324-2812 or bmcmichael@delawareonline.com. On Twitter: @billmcmichael

Tactical gear distributed in Delaware

By county, Sept. 2009 – April 2014

Kent: $1,403,610(original equipment cost)

4 Humvees

46 5.56 mm M16 rifles

5 7.62 mm M14 rifles

18 reflex sights

10 night vision goggles

2 forward-looking infrared radar systems

Kent breakdown:

Clayton Police

1 utility truck, 2012

Delaware Capitol Police

9 5.56 mm rifles – 3 in 2011, 6 in 2013

1 .45-cal. automatic pistol, 2010

2 optical sighting and ranging equipment, 2013

3 industrial infrared cameras, 2013

Delaware Dept. of Natural Resources Parks and Recreation Police

35 5.56 mm rifles – 10 in 2011, 10 in 2012, 15 in 2013

5 7.62 mm rifles, 2013

10 .45-cal. automatic pistols, 2013

Delaware Department of Natural Resources Police, Environmental Crimes Unit

2 utility trucks, 2014

Delaware State Police

71 reflex sights – 16 in 2011, 5 in 2012, 50 in 2013

2 explosive ordnance disposal robots, 2013

10 night vision goggles, 2013

2 forward-looking infrared imaging systems, 2011

3 infrared illuminators, 2013

Smyrna Police

2 5.56 mm rifles, 2012

TURNED IN EQUIPMENT

Cheswold Police Department

1 utility truck

1 on 9/16/2013

Sussex: $1,093,312

22 Humvees

25 5.56 mm M16 rifles

10 7.62 mm M14 rifles

18 .45-caliber pistols

12 optical sighting and ranging sets

1 explosive ordnance disposal robot

1 bomb suit

2 night vision image intensifiers

5 helmets

Sussex breakdown:

Blades Police Department

7 5.56 mm rifles, 2011

3 utility trucks – 2 in 2011, 1 in 2012

Bridgeville Police Department

8 reflex sights, 2011

1 utility truck, 2011

5 ground troops helmets, 2011

Delmar Police Department

10 5.56 mm rifles, 2011

6 7.62 mm rifles – 2 in 2010, 4 in 2011

10 reflex sights, 2011

3 utility trucks, 2012

Dewey Beach Police Department

1 .45 – cal. automatic pistol, 2009

19 reflex sights, 2013

3 utility trucks – 2 in 2011, 1 in 2014

Fenwick Island Police Department

5 .45 – cal. automatic pistols, 2013

Frankford Police Department

1 utility truck, 2011

Georgetown Police Department

6 reflex sights, 2011

3 utility trucks – 2 in 2011, 1 in 2012

Laurel Police Department

2 utility trucks, 2014

Lewes Police Department

1 utility truck, 2013

Milford Police Department

2 utility trucks, 2011

Millsboro Police Department

1 utility truck, 2013

2 ballistic blankets, 2013

Milton Police Department

4 7.62 mm rifles, 2012

1 optical sighting and ranging equipment, 2013

1 explosive ordnance disposal robot, 2012

Selbyville Police Department

8 .45-cal. automatic pistols – 7 in 2009, 1 in 2010

8 5.56 mm rifles, 2011

5 reflex sights, 2011

1 utility truck, 2011

1 explosive ordnance disposal suit, 2014

8 sets of tactical modular vests, 2014

TURNED IN EQUIPMENT

4 .45-cal. automatic pistols

Georgetown Police Department turned in on 6/11/2010

1 optical sighting and ranging equipment

Delmar Police turned in on 1/16/2013

10 optical sighting and ranging equipment

Georgetown Police turned in on 1/22/2013

2 night vision image intensifiers

New Castle: $700,910

5 Humvees

64 5.56 mm M16 rifles

5 7.62 mm M14 rifles

6 reflex sights

41 night vision image intensifiers

New Castle County breakdown:

Delaware River and Bay Authority Police

10 5.56 mm rifles, 2011

Middletown Police Department

4 5.56 mm rifles, 2010

5 7.62 mm rifles, 2010

Newark Police Department

1 explosive ordnance disposal robot, 2013

New Castle City Police

3 5.56 mm rifles, 2010

6 reflex sights, 2012

New Castle County Police

37 5.56. mm rifles, 2010

3 utility trucks, 2012

41 night vision image intensifiers, 2013

University of Delaware Police Department

10 5.56 mm rifles, 2010

TURNED IN EQUIPMENT

Middletown Police Department

1 utility truck

1 on 3/22/2013

TRANSFERRED EQUIPMENT

1 utility truck

Delaware City transferred to Bethany Beach on 2/23/2012

Sources: Defense Logistics Agency, Delaware Dept. of Safety and Homeland Security