McHenry County Blog

On Friday, October 19th, right before the election, Governor Pat Quinn took Amtrak on a 15-mile trip.

From Dwight to Pontiac, I think.

The train went 111 miles per hour.

The problem is that a car can still drive from the Chicago area to Springfield faster than the train.

And the Governor can fly in one of the State’s fleet of planes, just like the influential Chicago legislators.

They won’t take the train.

During the 1970′s when I had a lot of time, I often took the train from Crystal Lake to Chicago and from Chicago to Springfield and back.

But it didn’t save me time. Didn’t save me money either, because the State reimbursed the cost of the train ticket.

The train looking like a bullet train, but it’s maximum speed was only 69 miles per hour, just like now on most of the route.

I’d look out the window and see cars passing the train.

After a stop in Joliet and Dwight and Pontiac and Normal and Lincoln, I’d see the same cars and trucks passing us again.

It’s going to be a long time–probably never–when someone from the Northwest, Western or Southwester suburbs is tempted into Amtrak to go to Springfield.

Except to the train riding experience maybe.

And, I’m bold enough to suggest that there are not a lot of regular travelers from Downtown Chicago to Downtown St. Louis.

Hey. It only is going to cost $4 billion.

That would build a lot of roads.

Yesterday, McHenry County Blog reported on the complaint filed by McHenry County Deputy Sheriff Eric Woods concerning his shooting range injury.

In the suit against the frangible ammunition’s manufacturer, Pennsylvania’s International Cartridge Corporation, Woods blamed defects in the bullets for his ricochet injury.

The Sheriff’s Department was not named as a defendant by the injured employee.

In its response, ICC denied all of the allegations in Deputy Woods suit and offers the following affirmative defenses:

• Woods was taking part in a multi-person SWAT live fire exercise at the Hartland Shooting Range.
• After Woods entered the live fire room, he bypassed, and did not engage or shoot a reactive, steel or other form of metal target which contained the picture of a dog, instead stood near the dog reactive target.
• Then, other members of the SWAT team entered behind Woods.  Michael Hart came last and seeing that the dog had not been shot, did so and “material then struck Woods.”
• Department employees arranged the targets and “were responsible for monitoring and ensuring the safe live fire exercise.”
• The motion says it is believed that “the Range Officers were not in a position to fully observe the live fire room or all the actions of participants, including Woods.”
• Departmental employees decided where to place the targets and “the minimum lateral safety distance to maintain between participants and reactive targets.”
• Continuing their scenario, ICC’s attorney argues Sheriff’s Department Deputies “decided to not use a failsafe line on the ground in the training room to ensure that participants did not come to a stopped position too close to reactive targets.”

As I read International Cartridge Corporations outline of the facts as it sees them, the McHenry County Sheriff’s Department is responsible for any injury that Woods received.

Affirmative defenses follow.

The first argues that any damages that occurred were “caused by the negligence, wonton and willful, intentional or other culpable conduct of third parties over which this Defendant had no control, duty or right to exercise such control.”

The second argues that the causes of “Woods’ alleged damages were acts of negligence, wanton and willful, intentional and/or other culpable conduct by Plaintiff and/or other parties.”

The third argues that even if the ammunition played a role in the injury, damages should be reduced in proportion to the negligence can be attributed to Woods and others.

Finally, the ammo company’s attorney argues, and let me quote it completely:

“Plaintiff Woods assumed the risk of injury from participating in a live fire exercise and voluntarily deciding to stop at a position in close proximity to a non-engaged reactive, steel or other metal target with knowledge that other SWAT team would enter behind him and engage targets Woods, or others, had not engaged.

“Woods knew of the damages associated with standing in close proximity to a reactive target and understood and appreciated the risk he could be struck with debris when a reactive target was engaged by another SWAT team member.

“Nevertheless, Woods voluntarily chose to accept the risk and subject himself to the danger of which he now complains.”

= = = = =

What could be seen from the door to the live fire exercise room after the incident is below:

What you see below is an enlargement of a photo showing two male targets at the back of the range on the day of the exercise. Note that there are bullet holes in the paper targets.

The firm that provided the ammunition that is supposed to disintegrate upon impact was sued by McHenry County Sheriff’s Deputy Eric Woods in Federal Court on January 25, 2011.

McHenry County Blog obtained the purchase orders through a Freedom of Information Act request and published an article on April 30, 2010.

International Cartridge Corporation of Reynoldsville, Pennsylvania was the supplier.

In his suit, being represented by Rockford attorney Kevin P. Justen, Woods asks for more that $75,000, apparently a needed threshold for gaining Federal jurisdiction, for what happened on the McHenry County Sheriff’s Department’s Shooting Range on March 15th.

The brief points out that ICC’s bullet “fragments of the frangible bullet rebounded and ricocheted into” Woods as a result of a “manufacturing defect…the  bullets did not disintegrate on impact.”

There was not adequate warning of this “hazard,” the suit says.

The “defects that rendered the frangible bullets unreasonably dangerous to its intended users were the proximate cause of the personal injuries and damages sustained by” Woods.

And what was he impact of the injury on Woods?

“Woods

• sustained severe and permanent bodily injuries,
• resulting in the Plaintiff incurring medical bills and expenses in endeavoring to treat and cure his injuries,
• has caused him great pain and suffering, and will cause him in the future great pain and suffering, and
• he has lost great gains that would have otherwise been made and acquired and will in the future lose gains he would have made and acquired and he has and continues to be impaired from going about his daily affairs,

all to his damage.”

The nature of the injuries are described as

• personal,
• pecuniary and
• permanent

You can read the original filing here.

Still trying to discover the details of what happened March 15th when McHenry County Sheriff’s Deputy is reported to have been shot by ricocheting frangible ammunition, I filed a Freedom of Information request asking for its purchase order.

Here’s what I asked for:

“Under the Freedom of Information Act, I request purchase order(s) for the frangible ammunition used on March 15 at the Shooting Range during the SWAT Team training during which Eric Woods was injured.”

Freedom of Information Officer Jan Weech sent the following:

“The document attached is a copy of a quote we received for the Ammunition that we ordered and received.  This Ammunition was the supply that was used at our Range on the date that you requested.”

Take a look at what was purchased from International Cartridge Corporation, based in Reynoldsville,
PA.:

I’ve copied the “Quotation” document in three parts.  Click on any image and it will enlarge enough for you to be able to read it.

The firm has a web site. You see the top below:

The second paragraph of the introduction, most of which you can see at the bottom of the screen above, says,

“Conventional ammunition has a significant hazard associated with close range fire, ricochet and over penetration. The International Cartridge Corporation’s round has controlled fragmentation characteristics while maintaining lethal penetrating capabilities. This unique performance reduces hazard for the shooter without compromising firepower.” (Emphasis added.]

There are videos. Here’s a ten-second one entitled “Highspeed Video” that shows what happens to a frangible bullet when it hits something. It breaks apart.

There’s a longer one which shows the dust left after frangible bullets are shot.

The video shows a man hammering a bullet. It turns to dust.

It promotes the lack of fragmentation.

And the lack of ricocheting.  Actually, the description of the ammunition is “NO RICOCHET.”

“Standard jacketed ammunition will ricochet and has inherent danger (pictured to the right). Due to the characteristics of ICC frangible ammunition, hazards are reduced and in most situations, eliminated completely.”

There’s a pledge of “Reduced Hazard.”

There is no lead in these frangible bullets.

Training is simulated in a shooting range with steel targets.

And, there’s a section which shows men entering a room for SWAT team practice.

The first man to enter engages the closet target, which just happens to be  low, similar, even though a bit higher,  to what those at the McHenry County shooting range described after Deputy Eric Woods was injured by ricocheting bullet fragments.

Just thought you might be interested.