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James Edward
SWANN Jr.
James E. Swann
Jr., then 29, the "shotgun stalker" who terrorized the District's
Columbia Heights and Mount Pleasant neighborhoods over two months in
1993, killed four and wounded five in 14 attacks. He was caught after a
police officer spotted him running red lights.
Swann was
declared not guilty by reason of insanity and ordered confined to St.
Elizabeths Hospital. Psychiatrists said he was driven to attack by
disembodied screaming voices that only he could hear.
He drove to Washington to carry out the attacks,
which took place in the Mount Pleasant and Columbia Heights
neighborhoods. Each of the attacks followed a standard format: Swann
would slow his car down next to a pedestrian and fire a 20-gauge shotgun
at the target before driving away. Four people were killed and five
injured in 14 attacks by Swann before he was apprehended by the
Metropolitan Police on April 19, 1993.
Swann was found not guilty by reason of insanity and
confined to Saint Elizabeths Hospital. He claimed to have been driven to
the killings by voices in his head, including that of the ghost of
Malcolm X, who told him to kill people in Northwest Washington -- the
"civil rights side of town" -- because they had been responsible for the
civil rights leader's assassination in 1965.
By Paul Duggan - The Washington Post
September 27, 1994
James E. Swann Jr., the shotgun stalker who
terrorized two Washington neighborhoods last year, was declared not
guilty by reason of insanity yesterday in 14 attacks -- including four
slayings -- after psychiatrists told a judge that Swann was driven to
shoot people by screaming, disembodied voices only he could hear.
Forensic psychiatrists retained by the defense and by
the prosecutors agreed in a D.C. Superior Court hearing that Swann was
suffering from paranoid schizophrenia at the time of the 1993 attacks.
The shootings began Feb. 23 and ended with Swann's arrest on April 19.
Under District law, Judge Colleen Kollar-Kotelly
ordered Swann, 30, confined indefinitely in St. Elizabeths Hospital, a
psychiatric facility. Swann is entitled to a hearing once every six
months at which he can ask Kollar-Kotelly to release him. He would have
to convince the judge that his mental health had improved and that he
was no longer a danger to the public.
In a videotaped interview with one psychiatrist,
Swann said he would "hear these voices, and I wouldn't know where they
were coming from, and they would command me to hurt people, to kill
people." On the tape, which was played in court yesterday, he said the
voices commanded him to shoot people in Northwest Washington "in the
name of" Malcolm X, a slain black nationalist leader.
Swann, in a rambling, convoluted response to a
question, told psychiatrist Park Dietz that Malcolm X existed as an "evil
spirit" and wanted people killed in Northwest Washington because he
believed them to be responsible for his 1965 assassination in New York.
When the voices in his head conveyed Malcolm X's
desire that he shoot people, Swann said, he could not resist. The voices
screamed -- "the chastisements," Swann called it -- and would let up for
only one or two days at a time after he had shot someone. "They would
just keep chastising me and chastising me," he said, until "it felt like
my head was going to explode."
Swann, who is black, chose his victims without regard
to their race or sex. In 13 of the 14 attacks, he was in a car, and he
either shot at or threatened to shoot pedestrians walking alone. Most of
the attacks were at night, and nearly all occurred in a 10-block radius
in the Columbia Heights and Mount Pleasant neighborhoods.
The eight-week series of attacks began about 8:45
p.m. on Feb. 23 when Swann pointed a shotgun out the driver-side window
of a small car and fired at, but missed, a woman walking on Holmead
Place NW. About 15 minutes later in a similar attack, a 22-year-old man
was shot in the face and left partially blind in the 1400 block of Oak
Street NW.
As the attacks continued and D.C. police recognized a
pattern, one of the biggest investigations in the department's history
got underway. Squads of detectives sifted and sifted again for clues at
the shooting scenes, while scores of patrol officers, in uniform and
street clothes, prowled Colombia Heights and Mount Pleasant round-the-clock,
waiting for the stalker to make a mistake. Police urged residents to
stay indoors after dark and, mostly, they complied.
Swann was stopped by an off-duty police sergeant and
arrested April 19, minutes after 61-year-old Nello Hughes, the last
victim, was slain in a daylight drive-by shooting in the 3600 block of
13th Street NW.
Besides the four people slain, five were seriously
wounded.
The second killing occurred on March 23, in the sixth
attack, when Elizabeth "Bessie" Hutson, 28, was shot while walking her
dogs in alley between 19th Street and Park Road NW. Her father, Thomas
R. Hutson, a political and economic counselor at the U.S. Embassy in
Barbados, sat in the courtroom's first row at yesterday's hearing.
Hutson said later that he had long wanted to ask
Swann why he committed the attacks. But after watching the videotape
yesterday, he said there apparently is no rational answer. "I think the
phrase would be 'overwhelming impairment,' " he said. "Either that or
it's an overwhelming con job."
The U.S. attorney's office yesterday did not dispute
the contention by Swann's lawyers that his psychiatric disorder was so
profound in the winter and spring of 1993 that he could not be held
criminally responsible for the attacks.
"He was plainly not guilty by reason of insanity"
under D.C. law, said prosecutor Daniel S. Friedman. "All the doctors
agreed. And we don't disagree with that finding. When all the doctors
agree, there's no room for a trial, and justice is served by the fair
application of the prevailing legal standard."
However, "it is entirely another question whether the
prevailing legal standard {in the District} is the best," Friedman said,
suggesting that the city's insanity-defense law ought to be toughened.
Under D.C. law, to have been found not guilty by
reason of insanity at a trial, Swann would have to convince jurors he
was unable to recognize that his conduct was wrong because of mental
illness -- or that if he did understand it was wrong, he was unable to "conform
his conduct to the requirements of the law."
After hearing the psychiatrists' testimony, Kollar-Kotelly
ruled that Swann understood that what he was doing at the time of the
shootings was wrong. But she concluded that he was unable to control
himself because he feared the voices in his head would kill him if he
did not obey them.
"I'm just glad that it's over," Swann's mother, June
Swann, of New Jersey, said outside the courthouse. She said that after
her son's mental illness began to show itself and grow worse in the late
1980s, "we tried desperately" to persuade him to seek professional help.
But he refused. "If there was any way this could have been avoided, I
would have done anything possible," she said. Referring to relatives of
the slaying victims, she said: "I hold those four people's families up
in prayer every single day. That's all I can say. I've been a wreck
since this started."
Swann, a New Jersey native, moved to Oxon Hill to
live with his sister a few years ago and worked periodically as a
security guard. He moved out of the sister's apartment after a dispute
in early 1993. During the eight weeks in which the attacks occurred,
according to Friedman, Swann was living in various places in New Jersey,
New York and Philadelphia. He commuted to Washington to shoot people
when the voices in his head ordered him to do so.
The psychiatrists who testified yesterday said they
heard numerous accounts of bizarre behavior when they interviewed
Swann's relatives and former employers. Swann began to show signs of
mental illness as a teenager. Eventually he started talking to himself
and bursting into laughter for no apparent reason at work and family
gatherings, the psychiatrists said.
Swann was fired from a security guard job because he
insisted on walking backward while patrolling the aisles of a drugstore,
according to testimony.
On the videotape, Swann said he began to hear voices
in his head one morning, apparently in early 1993, after waking up in a
Harlem hotel in New York.
When he tried to resist the voices' demands that he
shoot people in Northwest Washington, the voices not only screamed at
him, but the "spirits" to which the voices belonged threatened to kill
him.
He said they squeezed his heart until he felt it was
going to burst and pressured his rib cage until the pain was nearly
unbearable.
The Shotgun Stalker: a 1993 nightmare in "the civil rights side of
town"
Washington, like any other U.S. city with a large inner-city poverty
population, has a high homicide rate (195 homicides in 2005, down
substantially from the high of 482 recorded in 1991). But homicides
involving strangers are the exception; most of these deaths involve
disputes among acquaintances, turned into killings by the ready
availability of guns.
Most threatening to people whose mates and acquaintances aren't
violent is the "robbery gone bad", as happened in Mount Pleasant in
September, 2005, when Gregory Shipe was shot dead on Irving Street,
probably by a teenager attempting a robbery.
The "shotgun stalker", in early 1993, was a threat of a wholly
different order. Here was a man who targeted total innocents, residents
minding their own business, walking on the streets of Mount Pleasant and
Columbia Heights.
Such a shooting is a nearly insoluble crime: there is no motive, no
connection between the murderer and the victim, no forensic evidence,
and this man was careful to shoot with no witnesses about to identify
him, or his car. (Shotgun pellets bear no gun-identifying marks.)
Because these shootings were utterly random, everyone and anyone was a
potential victim, no matter how innocent, no matter how well-behaved, no
matter how street-smart and cautious. This quite naturally terrified
residents who ordinarily might be hardened to the occasional shooting in
Columbia Heights.
The first target was a woman walking alone on Holmead Place, at
Monroe Street, at 8:45 pm on February 23, 1993. A gun barrel appeared
from the window of a slow-moving car, then a shot rang out. The shooter
missed. The would-be victim called police, who declined to take the
matter very seriously, dismissing the gun as a pellet or BB gun, the
perpetrators teenage vandals, the target a window nearby, and the woman
as merely happening to be nearby.
Even as these officers interviewed the first intended victim, the
stalker fired again, now on Oak Street, a very short distance away. But
the officers speaking to the woman had turned their radios down for
their interview, and were unaware of this second shooting, 20 minutes
after the first. The victim this time, a 22-year-old man, was hit in the
head, and very seriously injured, losing one eye and much of the use of
one arm.
Unfortunately, because this victim was young, male, and black, MPD
detectives dismissed this as an ordinary drug turf dispute, despite the
victim's denials that he was involved in drug dealing. (He had planned
to start a job at a nursing home the day after he was shot.) Not for
another month did the officers learn of the earlier shooting on Holmead
Place.
This was perceived, it seems, as merely the "normal" level of
violence associated with this part of Columbia Heights. (Today, 13 years
later, the 3500 block of 14th Street remains a crime "hot spot".)
On March 4, two weeks after these two shootings, the stalker
returned, shooting another pedestrian on Holmead Place. This time the
victim was a 43-year-old man, shot in the head. Again, the police
attributed this attack to drug warfare.
The situation changed abruptly on March 17, when a woman was hit by
shotgun pellets from a passing car, similar to the February 23 shooting,
but now in Mount Pleasant. This changed the calculus: shootings, and
drug wars, may be "normal" in Columbia Heights, but that's not the case
in rapidly-gentrifying, upscale Mount Pleasant. Almost a month after the
first shooting, police began to wonder if there was something
exceptional taking place. Still, they speculated that the victim perhaps
just happened to be standing in the crossfire between warring drug gangs.
On March 23, precisely four weeks after the first shooting, the
stalker struck again, this time killing Elizabeth "Bessie" Hutson, 28,
as she walked her dogs in an alley paralleling Park Road in Mount
Pleasant. This was on the far west end of Mount Pleasant,
between 19th Street and Rock Creek Park, far away from any street-gang
disputes in Columbia Heights.
For the first time, the MPD realized that they had a random shooter
in the neighborhood, gunning down perfect innocents, and they connected
this series of shootings to the first incident on Holmead Place. "That
shooting made the link," said the police district commander.
I recall seeing the notice of that shooting in the morning Post, and
realizing myself that this was something very much out of the ordinary.
(I knew nothing, of course, of any of the previous shootings.) I warned
my wife, and our young cousin resident on our top floor, to be extra
careful. To this day, Emily is convinced that she saw the blue Toyota
associated with this shooter one evening as she parked across the street
from our home, and she warily waited in her car for that car to
disappear before getting out to walk to our house.
On April 4, the stalker took another shot, once again at a woman walking
on Holmead Place. On April 10 he returned to Holmead Place, shooting at
three pedestrians in the area in turn, killing one, a 35-year-old man.
On April 19, two months after the first shooting, the stalker returned
to Columbia Heights, taking shots at three pedestrians, in broad
daylight, even as hordes of MPD officers patrolled the area. On 13th
Street, a 61-year-old woman was shot dead, the stalker's fourth homicide.
Finally a lucky break came: the stalker, leaving the scene of this last
shooting, was spotted by Kenneth Stewart, an off-duty MPD officer, who
spotted him running a red light on Sherman Avenue at Kenyon Street.
Officer Stewart, northbound on Sherman, turned around and gave pursuit.
And so ended the two-month nightmare in Columbia
Heights and Mount Pleasant, after a total of 14 shootings, including
four homicides.
Why did he do this? It was utter insanity: Swann
heard voices, including the "evil spirit" of Malcolm X, which commanded
him to shoot people in Northwest Washington. Why these neighborhoods in
DC, where Swann, a resident of New York, New Jersey, and Maryland, had
no connection? Somehow, this "evil spirit" believed the people of
northwest DC, "the civil rights side of town", to be responsible for his
1965 assassination in New York.
Curiously, there was nothing racial about this
rampage, and almost all of Swann's victims were black. Swann drove here
from New Jersey to do his violence, and I guess he just came down 16th
Street and turned off, choosing our neighborhoods more or less at random.
He used a 20-gauge shotgun that he had purchased just under a year
earlier, at a K-mart in Oxon Hill.
It all made no sense. Swann was declared "not guilty
by reason of insanity" in 1994, and committed to Saint Elizabeth's. As
of 2005, he was still there. We can only hope that he remains today held
safely in confinement, in a mental hospital somewhere.
Two aspects of this miserable incident stand out.
First was the level of fear instilled in residents, because no one was
safe, everyone was threatened, no matter how innocent, no matter how
careful. Most homicide victims are people who are intrinsically at risk,
because of their associates, because of their activities, or because of
their poor choice of mates.
The great majority of homicide victims in the
District are young, black, and male, so those of us who are not, and who
live "clean" lifestyles, can feel fairly secure (against homicides, if
not against automobile break-ins). The shotgun stalker changed all that,
putting everyone at risk, black or white, young or old, cautious or
careless.
Second was the failure of the Metropolitan Police to
take the first shooting incidents seriously, because they involved
victims who were perceived to be "at risk" due to their locations.
Shootings on Holmead Place in Columbia Heights were shrugged off as
simply part of life on that street (which remains today, 13 years later,
on the rough side). Shootings in Mount Pleasant, especially far on the
west end, are a different matter, because such things are not supposed
to happen in this "good" neighborhood.
Perhaps the day will come when shootings, and
gunshots, are rare in Columbia Heights, as well as Mount Pleasant, and
will command a high level of police attention, instead of a dismissal as
no more than the ordinary violence of the neighborhood.
One more note of interest in this wretched episode:
the plainly insane Mr Swann had found occasional employment, as a
security guard!
James E. Swann Jr. is arrested in 1993. He was
declared not guilty by reason of insanity after shootings that killed
four people.