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Above: Paroled felon Charles "Toe" Smith fulfills his self-prophecy by not being taken alive.
Paroled felon Charles "Toe" Smith fulfills his self-prophecy by not being taken alive.

Fleeing criminal correctly declares he won't be taken alive

Miami, Fla. -- Recently paroled felon Charles "Toe" Smith was pronounced dead on arrival at Miami's Mercy Hospital early Saturday evening after Metro police forces authenticated the 28-year-old man's declaration that he "would not be taken alive" - a fact that officers admit they had pretty much decided on about midway into their high-speed pursuit of Smith.

"The suspect's reckless, high-speed flight from police sent a clear message that the suspect did not care whether he lived or died," Police Chief Gregory Nelson told news reporters of the fatal incident. "Coincidentally, neither did the pursuing officers."

The fatal shooting occurred after police responding to a robbery report at Sheldon's Liquor on Miami's west side noticed Smith's '78 Lincoln pulling away from the store at an accelerated speed. Ignoring police lights and sirens, Smith led six squad cars on a 10-mile high-speed chase through suburban Miami before police were able to shoot out one of Smith's rear tires, causing the suspect's automobile to grind to a stop.

The gunplay, however, did not stop there. The pursuing officers' reports indicate that police were required to invoke deadly force when, despite repeated verbal warnings to remain still, Smith exited the vehicle and began approaching the officers screaming excitedly, but not necessarily seriously, "You pigs ain't taking me alive. I ain't goin' back to that cage. Y'all gonna have to shoot me."

Ironically, Miami Metro radio transcriptions indicate that many of the officers were already echoing those very sentiments during the precursory pursuit.

"I don't know guys, I'm starting to think I might accidentally shoot this bastard whether he resists or not," half-joked Deputy Todd Schuler over the police radio after Smith's car barely missed a crowd of pedestrians shortly after the chase's initiation.

Police forces (pictured above) found it ironic that neither they nor the suspect were concerned about 'taking the suspect alive.'
Police forces (pictured above) found it ironic that neither they nor the suspect were concerned about 'taking the suspect alive.'
"This asshole isn't exactly getting on my trigger finger's good side," a slightly more-agitated Officer Neil Becker replied to Schuler, inciting a slight nod among many of the 11 members of the pursuit team. "[Smith is] driving like he doesn't care whether he walks away from this one or not."

"Come to think of it, neither do I," Becker added after a short comedic pause.

"I remember the suspect emerging from his car screaming, 'You pigs ain't gonna take me alive,'" said Officer Becker of the events surrounding Smith's death. "I remember thinking that was pretty funny, because we (Metro officers) had all pretty much decided on that about five minutes into our pursuit. So I guess everybody got what they wanted in the end. He didn't want to be taken alive and we didn't much want him to be either."

Coroner reports indicate Smith incurred a total of 14 gunshot wounds during his roadside "apprehension," a number some critics are calling excessive, but members of the police force say otherwise.

"Well, by the time we got the suspect's car immobilized, we all pretty much wanted to fire at least one round into him, you know, to teach him a lesson [about evading the police]," Becker said. "With 12 officers all wanting to get a lick in, 14 gunshots doesn't really seem unreasonable at all. I know I shot at least twice myself. It's addictive, firing a gun at what could very well be a genuinely guilty criminal. It's hard to shoot just once and feel satisfied."

July 2001

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