Princes of the Highway
Aside from training and experience deficiencies, the four officers slain at Newhall had an additional hurdle to manage that made them less prepared to handle a violent confrontation with Twining and Davis—they’d grown up in an agency that placed its public image ahead of officer safety.
Since its inception in 1929, the Patrol had always been very conscious of its public image and went to great lengths to ensure the public saw it in positive terms. The Patrol wanted its officers to be known as helpful and friendly servants, committed to the safety of the traveling public. There’s no discounting the fact that service on the Highway Patrol could be violent at times (the guns weren’t just symbolic, after all), but unlike some other agencies that embraced their law enforcement status and weren’t afraid to flex some muscle in the quest to curb criminal activity, the Patrol was careful to cultivate the “Officer Friendly” persona and tread lightly.
It did so in a variety of ways, to include common public outreach projects like driving simulators at the state fair, traffic safety presentations to community groups, trick motorcycle demonstration teams, and some early, progressive alliances with television and the movie industry, which established a trend that would continue well into the future.38
Uniform standards were strict, as a professional appearance before the public was critical. Officers found to be out of uniform (lacking the proper tie or being found outside the vehicle without a hat on), were subject to punishment. Frequent inspections ensured that the military-style khaki uniforms (more suitable for a parade ground than for crawling around in vehicle wreckage), looked crisp and sharp, with infractions swiftly dealt with by watchful sergeants.39
It wasn’t all about uniforms, however. In addition to wanting to look good for the public, the Patrol was eager to emphasize its traffic safety mission, which was generally popular and accepted by the public, and distance itself from other, grittier law enforcement roles in which its officers were more likely to use force and perhaps draw the public’s ire. Indeed, the Patrol actively discouraged its officers from getting involved in law enforcement actions that were not directly related to traffic, preferring to let other agencies handle sticky issues like robberies and homicides, even when the criminals who committed these acts fled to the highways in escape, as they invariably did in this increasingly auto-centric culture and age. The chain of command made it very clear to officers that their primary mission was to keep the traffic flowing safely, and to defer other law enforcement duties to the policemen and deputies who served the concerned municipalities and counties.40
All these things helped to cement the image of the California Highway Patrolman as a professional, virtuous public servant with the sole mission of traffic safety—a “Prince of the Highway,” as the early officers mockingly described themselves. But there was a dark side to this practice, as the department’s commitment to maintaining “the image” clashed with the tactical realities of law enforcement.
Officers who approached a vehicle with their hand on the grip of their revolver during a suspicious or risky stop were frequently subjected to unwarranted punishment by the department after unhappy citizens (some looking to “get even” for a ticket they felt they didn’t deserve), complained of “excessive force,” even if the bogus claims were unsubstantiated.41 Indeed, officers felt the department’s chain of command was typically quick to support these allegations and take unjustified action against the officers in order to appease the complainants. This state of affairs literally made officers gun shy about taking reasonable precautionary measures, and extremely cautious of appearing combative or aggressive, even if only to avoid a clash with superiors and the penalties that would ensue.
Whereas other law enforcement agencies in the state and throughout the nation had an established history of issuing long guns (rifles and, especially, shotguns) to their officers, the CHP was slow to follow suit, in large part because of the exceptionally martial appearance of the weapons, which might intimidate the public.42 It took the November 15, 1963, shooting of Officer Glenn W. Carlson at the hands of parolee bank robbers in Truckee, and the resulting action of nearby California Assemblywoman Pauline Davis, before the CHP was finally provided a limited number of shotguns, in 1964 (about one per every five to 10 officers).43 Even then, the brass was leery of the new guns and ordered them to be sealed with perforated evidence tape wrapped around the barrel and the fore-end in such a manner that it would be broken if a round was chambered (police shotguns are routinely stored with an empty chamber in the car for safety reasons). Each time an officer broke the seal, he was required to write a memo justifying the reason for charging the gun, and thereafter the gun had to be inspected by a seargeant who would ensure the gun was returned to “cruiser ready” status—hammer down on an empty chamber, loaded magazine—before reapplying a new seal.44 As expected, the entire procedure dramatically discouraged officers from employing this important, life-saving tool, even at times when the tactical circumstances dictated such action.
Prior to Newhall, an adhesive paper seal was applied around the barrel and forend of all CHP shotguns, as shown in this photo from the 1965 CHP Shotgun Training Manual. The purpose of the seal was to determine if a round had been loaded into the chamber, but the net effect was to discourage use of this lifesaving tool by officers. Photo courtesy of California Highway Patrol Museum.
Another view of the adhesive shotgun seal required by the CHP, this one broken because the forend has been pumped. A shotgun with a seal such as this one would require inspection by a Sergeant, who would reload and reseal the weapon while the Officer was writing a Memo for Record to describe why it was necessary to chamber a round in the gun. Photo courtesy of California Highway Patrol Museum.
This was the culture that Officers Gore, Frago, Pence, and Alleyn were steeped in upon graduation from the Academy. It was a culture in which the officers wryly joked that they were nothing but “Triple-A with a gun,” as far as the department and the public was concerned. A culture in which aggressive policing, or even just basic precautions could get you in trouble with the brass. A culture in which the Princes of the Highway were sent forth to do battle, handicapped by a chivalrous code and flawed rules of engagement not shared by their enemies. It was a culture that left them at a significant disadvantage when their paths crossed with hardened killers like Davis and Twining that night in Newhall.
Endnotes
1. Indeed, they were ably “assisted” to this conclusion by the academy staff itself. The lead instructor featured prominently in one of the articles was “certain the Newhall incident wasn’t due to inadequate training,” and postulated that the officers were merely careless because they felt “nothing could happen to [them].” McLain, J. (1970, April 12). You Could Get Shot For Missing Class Here. The Sacramento Union.
2. Ibid.
3. Ibid.
4. Interestingly, the tragedy of Newhall struck a nerve even at one of the newspapers traditionally adversarial with the CHP. In an 8 Apr ’70 editorial, the Editor of The Newhall Signal sheepishly admitted it had been critical of the department “at intervals,” but on that day it issued a heartfelt tribute to the officers of the CHP, and particularly to the four slain officers. The paper even announced it would establish a trust fund for the families and initiate the donations with a $500 contribution of its own. Unknown Editor. (1970, April 8). Editorial: In Memoriam. The Newhall Signal.
5. McLain, J. (1970, April 12). You Could Get Shot For Missing Class Here. The Sacramento Union.
6. McLain, J. (1970, April 12). You Could Get Shot For Missing Class Here. The Sacramento Union, and personal interview with Von Rajc’s former Academy supervisor, CHP Capt. George C. Nuttall (ret.), 6 Sep 10.
7. In the CHP parlance of the time, these stops were known as “hot stops” or “high-risk stops.” The “felony stop” term, widely used and recognized by the modern law enforcement community, was adopted post-Newhall to describe the greatly improved tactics and procedures used in these situations. McLain, J. (1970, April 12). You Could Get Shot For Missing Class Here. The Sacramento Union, and unknown source newspaper article from CHP Academy museum.
8. It’s worth noting that the “Hourly Distribution of Subjects” from the CHP Cadet Class I-65 syllabus (reporting January 1965) actually allocated only five hours to Introduction to Enforcement Tactics and 26 hours to Enforcement Tactics, which was even less than the figures quoted by reporter McLain in the article, making the situation even more serious. McLain, J. (1970, April 12). You Could Get Shot For Missing Class Here. The Sacramento Union.
9. Ibid.
10. Nuttal, G.C., Capt. (ret.). (2008). Cops, Crooks and Other Crazies. Chula Vista, CA: New Century Press. pp. 293-299 and personal interview with CHP Capt. George C. Nuttall (ret.), 6 Sep 10.
11. It’s worth noting that the “Hourly Distribution of Subjects” from the CHP Cadet Class I-65 syllabus (reporting January 1965) actually allocated only 47 hours to Weapons Orientation and Training, which is less than two-thirds of the 72 hours quoted by reporter McLain in his article. McLain, J. (1970, April 12). You Could Get Shot For Missing Class Here. The Sacramento Union.
12. Federal Bureau of Investigation. (n.d.) The FBI Academy: A Pictorial History. [Online], <http://www.fbi.gov/about-us/training/history>.
13. The NRA’s Police Division trained and certified law enforcement instructors for agencies throughout the United States and provided badly needed education and training resources to support the development of law enforcement firearms training programs. It developed distinctive qualification badges for agencies to issue to officers that proved their marksmanship abilities, and hosted the first National Police Pistol Championship, in 1962, as a means of encouraging departments to nurture the development of firearms skills amongst their officers. By 1966, more than 600 police departments had formally affiliated with NRA, the association had certified over 1,000 instructors, and thousands more individual officers had taken NRA training courses. Rodengen, J.L. (2002). NRA: An American Legend. Fort Lauderdale, FL: Write Stuff Enterprises, Inc. pp.53, 86, 138.
14. The FBI’s and NRA’s courses had a 50-yard stage, but it appears the CHP did not shoot over this distance, instead limiting the course to a 25-yard distance. Personal interview with CHP Officer Jay Rice (ret.), and National Rifle Association. (n.d.) NRA Police Pistol Combat Rules. [Online], <http://www.nrahq.org/compete/RuleBooks/Police/pol-index.pdf>.
15. Personal interview with CHP Officer Jay Rice (ret.), who was a cadet in 1965.
16. Ibid, and personal interview with CHP Capt. George C. Nuttall (ret.), who attended his first in-service training, in 1958, after graduating from the Academy in late 1954. He later returned as an instructor in Dec 1965. The changes occurred between his 1958 in-service training and his arrival in Dec 1965.
17. Ibid.
18. Ibid, and personal interview with CHP Officer Gil Payne (ret.).
19. McLain, J. (1970, April 12). You Could Get Shot For Missing Class Here. The Sacramento Union.
20. Ibid.
21. The CHP’s qualification test involved 30 rounds, each worth 10 points apiece. The officer was required to get an aggregate score of 210/300 to pass the test. This remained unchanged until the late 1990s to early 2000s, when the Task Oriented Qualification Course replaced it. See Appendix A for details. Anderson, J., & Cassady, M. (1999). The Newhall Incident. Fresno, CA: Quill Driver Books. p. 33.
22. Uelman, D. Lieutenant (ret.). (1995, April). Remembering the Newhall Murders: April 6, 1970. The California Highway Patrolman, 8-16.
23. An evaluation conducted by Thomas J. Aveni of the Police Policy Studies Council (PPSC) indicates no measurable correlation between training scores and actual gunfight performance. Aveni considered two separate studies conducted by the New York Police Department (NYPD, 200 cases) and the Metro-Dade Police Department (MDPD, 15 cases), which attempted to determine if there was a connection between range and street performance, and concluded that neither study provided enough evidence to establish a link. Aveni notes that “Until such time that police handgun qualifications involve naturally and randomly moving targets, and until such time we can simulate life-threatening dynamics during handgun qualification, direct comparisons [between range and street performance] are largely pointless.” Additionally, Aveni notes that such comparisons are “complicated by the fact that most agencies have adopted ‘pass-fail’ qualification protocols,” making it even more unlikely that a meaningful connection can be established. Aveni, T.J. (2003, August). Officer-Involved Shootings: What We Didn’t Know Has Hurt Us. The Police Policy Studies Council. <http://www.theppsc.org/Staff_Views/Aveni/OIS.pdf>.
24. Kahn, J. (2004, 8 June). Ronald Reagan Launched Political Career Using the Berkeley Campus as a Target. The UC Berkely News. <http://www.berkeley.edu/news/media/releases/2004/06/08_reagan.shtml> and Barton, B. (2000). U.S. Navy Presents Award to CHP: Governor Speaks Out on Dissidents. The California Highway Patrolman, Originally published October 1968, 54.
25. California Department of Transportation. (n.d.) Timeline of Notable Events of the Interstate Highway System in California. [Online] <http://www.dot.ca.gov/interstate/timeline.htm> and California Secretary of State, California State Archives, Online Archive of California. Inventory of the Senator Randolph Collier Papers, 1939-1976. [Online] <http://www.oac.cdlib.org/data/13030/6s/tf2f59n56s/files/tf2f59n56s.pdf>.
26. Unknown source newspaper article from CHP Academy museum and Anderson, J., & Cassady, M. (1999). The Newhall Incident. Fresno, CA: Quill Driver Books. p. 80.
27. Unknown source newspaper article from CHP Academy museum.
28. California Highway Patrol Academy, Academy Museum Display. (2010, 1 September).
29. Unknown source newspaper article from CHP Academy museum.
30. Anderson, J., & Cassady, M. (1999). The Newhall Incident. Fresno, CA: Quill Driver Books. p. 80.
31. In the CHP, this break-in period was a fast 30 days. Every 10 days, the FTO completed a report on the trainee’s progress and submitted it to the sergeant for review. In general, the FTO would provide a lot of assistance to the probationary officer in the first reporting period, would give him some rope to make his own mistakes, intervene as appropriate in the second reporting period, and would expect the officer to demonstrate he could work independently in the last reporting period. At the end of the 30-day stretch, an officer who was progressing slowly could have his FTO training period extended for an additional 10-day period by the sergeant.
This was a fast transition for the young rookie officers, and much shorter than the break-in periods allotted to officers in other departments. In example, Los Angeles County Sheriff’s deputies rode with FTOs for six months of patrol training when they first hit the streets. They were just getting warmed up about the time that CHP rookies were expected to take the ball and run with it by themselves.
32. Interestingly, the CHP never changed this practice after Newhall and even today continues to use a 30-day break-in period for new officers. Additionally, in some junior offices, the department still has a hard time finding seasoned officers to serve as FTOs, leaving junior officers to fill the role in a page right out of the 1960s’ playbook. Interview with CHP Area Training Officer Craig Kuehl and Tompkins, E.W. Officer (ret.). (2008). 101 Road Patrol Tales From a Chippie of the California Highway Patrol. West Conshohocken, PA: Infinity Publishing.com. p.14.
33. The two-man car policy for the evening “D” shift (“graveyard”) was a relatively new development on the Patrol, having been instituted only in February of 1960. Prior to that, the Patrol frequently required officers to work single-man cars around the clock, in an effort to stretch resources. The practice came to an end after the murder of Officer Richard D. Duvall on February 23, 1960, at the hands of an escaped convict that had just committed an armed robbery. Officer Duvall had stopped the suspect for a speeding violation on U.S. Highway 66 outside of Victorville, and as he approached the stolen vehicle, the felon opened fire with a .32-caliber handgun and killed the officer. Ironically, Officer Duvall had been working the afternoon “B” shift, and the murder occurred around 21:30, but the Patrol made no changes to the “B” shift policy. Officers on “B” watch continued to patrol solo in the wake of Officer Duvall’s death, and the only watch that was required to double up was the graveyard shift. Nuttal, G.C., Capt. (ret.). (2008). Cops, Crooks and Other Crazies. Chula Vista, CA: New Century Press. p.65, and Officer Down Memorial Page. (n.d.) ODMP Remembers. [Online] <http://www.odmp.org/officer/4420-officer-richard-d-duvall> and California Highway Patrol. (n.d.) Badges of Honor – 1960 Through 1969. [Online] <http://www.chp.ca.gov/memorial/memorial60.html> and personal interview with CHP Capt. George C. Nuttall (ret.), 6 Sep 10.
34. Anderson, J., & Cassady, M. (1999). The Newhall Incident. Fresno, CA: Quill Driver Books. P. 80.
35. 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>.
36. Anderson, J., & Cassady, M. (1999). The Newhall Incident. Fresno, CA: Quill Driver Books. Pp. 9, 95.
37. Ibid. p.30.
38. The 1936 movie Crash Donovan and the hit TV series Highway Patrol, which starred Broderick Crawford and ran from 1955 to 1959, were early examples of this alliance. In later years, the drama CHiPS would become very popular during its TV run from 1977 to 1983 (lead actor Erik Estrada would receive a Golden Globe nomination for best TV actor, in 1980). From 1993 to 1999, the series Real Stories of the Highway Patrol was very popular with audiences, as well, and CHP Commissioner Maury Hannigan hosted the show for each of the six seasons.
39. This hyperactive preoccupation with stringent uniform policies sometimes bordered on the absurd and ridiculous. The Patrol traditionally had a rigid schedule in which the winter uniform of long sleeves and ties was mandated throughout the state during certain months of the year, regardless the actual weather or assignment location. In a state where it can be snowing up North on New Year’s Day, while the residents of the South are grilling steaks in their T-shirts and shorts around the pool, a rigid policy like this was bound to make some officers roast in the heat, particularly during the transition months.
The uniform policies could also be enforced, for lack of a better term, in a chicken-shit manner. A former officer recalled one incident in which an officer came to the rescue of a CHP captain who was (quite unusually) engaged in a physical battle with a suspect. After the fight was over and the suspect subdued, the captain noticed that the officer had previously unbuttoned his collar and unclipped one side of his tie for comfort. In a face-saving measure for the captain, the hero officer received a day off for the uniform infraction.
40. A representative story occurred with one CHP officer who joined a police pursuit that had started on city streets and led to the highways. The police officers from the city were in jeopardy of losing the four robbery suspects, when the CHP joined the chase and terminated it, capturing the criminals. The involved CHP officer expected a much warmer reception from his sergeant than he got, however. Instead of congratulating him on the successful capture of four felony suspects, an accomplishment that any officer (and his supervisor) should rightfully be proud of, the sergeant chided the officer for exceeding his mandate, telling him that “You need to concentrate on speeding violations.” Perry, M. (2011, March) My Lifetime of Firearms, Part 14. The Firing Line. California Rifle & Pistol Association, Sacramento, CA.
41. Personal interview with CHP Capt. George C. Nuttall (ret.), 6 Sep 10.
42. The CHP brass was also concerned that arming its officers with shotguns might make the agency resemble a paramilitary force more than the traffic and public safety agency it desired as its public image. As a result, when the California Association of Highway Patrolmen (CAHP), out of safety concerns, began pressing the CHP, in 1963, to issue shotguns in the patrol cars, the Commissioner demurred, explaining the legislature would not go for it at the time. A limited number of .45 ACP submachine guns had been issued during the World War II years for military-related missions, but these did not see regular use on routine patrol and spent more time in the weapons rack than on the road, especially after the war’s conclusion. They remained in inventory into the 1950s, more as a curiosity than anything else. Crane, B. (1970). CAHP Golden Chronicle 1920-1970. Sacramento, CA: California Association of Highway Patrolmen. Pg.28 and personal correspondence with CHP Capt. George C. Nuttall (ret.), and California Highway Patrol Academy Museum.
43. California Highway Patrol Headquarters General Order 72.4, published 16 November 1964, stated that, “Shotguns will be distributed to commands on the basis of six guns for each ten patrol vehicles.” This worked out to be about one gun for every five to 10 officers, depending on the size of the office. California Highway Patrol Shotgun Training Manual, circa January 1965, and personal correspondence with CHP Capt. George C. Nuttall (ret.).
44. California Highway Patrol Headquarters General Order 72.4, published 16 November 1964, stated that:
“Upon receipt of the weapon, respective commanders shall … designate a uniformed member of the command who will be accountable for the following:
“… (2) Loading of weapons to be assigned with the approved load of 4 rounds of #00 buckshot in the magazine. As each gun is loaded, it will be sealed so that the chamber cannot be loaded without the seal being broken. He will be further responsible for reloading and resealing the weapons which have been returned to him with seals broken.”
Furthermore, it mandated that:
“All personnel to whom guns are assigned for use are accountable for the following procedures:
“a. Each member shall immediately check to see if the seal is broken. If so, he shall report the fact immediately to his supervisor and have the weapon resealed… .
“e. … If during a tour of duty it becomes necessary to load a round into the chamber, the member should accomplish the following:
“ii. … Take the necessary steps to have the weapon resealed and reloaded … .”
California Highway Patrol Shotgun Training Manual, circa January 1965, and personal correspondence with CHP Capt. George C. Nuttall (ret.), CHP Officer Jay Rice (ret.), and CHP Sgt. Harry Ingold (ret.).
