On Wednesday afternoon in an unrelated event, an unidentified white male likely in his 20s was struck and killed while riding a bicycle and fleeing from police, who believed the man was engaging in drug activity.
“It is out of the ordinary,” Biehl said Wednesday afternoon after both events. “It’s not unheard (of) that you can have a clustering of events, but it’s unusual. It’s been a busy 12 hours.”
Biehl said the shooting — which occurred just seconds after the car pulled into the driveway at 347 Verona Road — illustrated that an imminent threat was presented to officers, who ordered the man to drop the weapon from his right hand.
“It’s really not a matter of time to comply as the recognition of threat,” Biehl said, noting there was a three-second span from when McGee exited the vehicle until the last of Banks’ seven shots was fired. “If the individual points that gun … the officers obviously have the right to protect themselves.”
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The officer-involved shooting was preceded by a shots fired call at a Shell Station on West Third Street at about 2:30 a.m. A 911 caller told a dispatcher, “I’m being shot at,” but couldn’t provide shooter or suspect vehicle information.
Biehl said a different crew heard shots fired in the area, and Banks and new officer Kyle Harris saw a gray Nissan Maxima stopped with its headlights off in a turn lane.
When the Nissan’s driver tried to flee, officers followed. The car pulled into the driveway at 347 Verona Road. Biehl said McGee exited the vehicle with a .25-caliber semi-automatic weapon in his hand.
That’s when Banks — out of frame to the left on the video shown — fired, and McGee threw his weapon over the car into some brush. Police found a spent shell casing on the front windshield of the Maxima and a shotgun inside McGee’s residence.
Biehl said it’s uncertain if McGee fired his weapon, but it sounds like eight shots were fired, and Banks fired seven. Harris did not fire his weapon but is seen pointing it in the dash cam video.
Police applied tourniquets before McGee was transported to Miami Valley Hospital. McGee, who had arrests for assault and traffic violations, was processed into the Preble County Jail on May 31 but not booked in, according to the Montgomery County Prosecutor’s Office.
Banks and Harris — who was just sworn in March 23 of this year — will be placed on administrative leave per policy.
“There’ll be a psychological check-in, make sure that they’re doing OK,” Biehl said. “When they’re prepared to return back to duty, they’ll be returning back to duty.”
Banks works in the west patrol division and is a patrol training officer. Police said Banks has had four commendations, one certificate of appreciation and one verbal reprimand.
Harris was being trained by Banks and just recently got out of the academy.
Biehl said both criminal and internal affairs investigations will be conducted. The chief said the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is conducting a trace of McGee’s firearms.
“This is a lethal threat that they were facing,” Biehl said. “And it’s reasonable to respond with a lethal response in this case.”
By late Wednesday afternoon, the Montgomery County Coroner’s Office had not released an identification of the male bicyclist killed after being struck by a Honda Pilot and sent airborne.
Biehl said the bicyclist was behind a house on Wayne Avenue when he was spotted by officers, who recognized him from earlier patrol.
“This guy goes around the gate in a grassy area, jumps the curb and goes right into traffic and literally gets struck immediately,” Biehl said.
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