August 16, 2000    Sunnyvale, California  Since 1994

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    Man shot by Public Safety involved in prior attack

    Cops say police officer had never used lethal force

    By Daniel Hindin

    Sunnyvale resident Thomas Francis Carolan III, who was fatally shot by police during a weekend attack, had drawn a knife on Bay Area police on at least one previous occasion, according to Sunnyvale police officials.

    Capt. Chuck Eaneff of the Sunnyvale Public Safety Department said files show that in 1998, Oakland police arrested Carolan after he slashed an officer in the head during an altercation.

    Carolan was convicted of assault with a deadly weapon on a police officer, records show. The officer's wound required nine stitches, Eaneff said.

    Sunnyvale police were dispatched to Carolan's Pome Avenue home about 6:30 p.m on Aug. 5 after a 911 hang up. "There was discussion in the background about a man killing someone," Eaneff said.

    When the officers arrived, Eaneff said they began questioning Carolan's 85 year-old mother in the traditional courtyard of her Eichler home.

    "If you're familiar with Eichler homes, you know the kind of courtyard most of them have," Eaneff said. "It's like a small, enclosed room with no roof."

    As Officers Dave Miller and Greg Wilson approached the house, Eaneff said Carolan left through a back entrance and followed the officers in from behind.

    Eaneff said while Carolan's mother proceeded to answer questions in what Eaneff described as a "strange" manner, officers noticed Carolan approaching with his hands behind his back. Carolan ignored officer's demands to show his hands and continued toward them, Eaneff said.

    After he had backed Miller into the corner of the small courtyard and was within a few feet of him, Eaneff said, Carolan drew a 10-12 inch serrated knife.

    Miller drew his .40-caliber semiautomatic handgun and rattled off four shots, all of which hit Carolan in the head and torso, Eaneff said.

    Carolan was transported to Santa Clara Valley Medical Center where he was pronounced dead.

    The fatal shooting marked the first by Sunnyvale police in more than two years.

    Public Safety officials placed both officers on paid administrative leave while investigators complete a probe of the weekend's events, Eaneff said.

    "Dave Miller is a 12-year veteran of the force," says Eaneff. "Until now, he has never been involved in any use of lethal force."



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