EPD Uses Red Flag Law After A False 911 Call

EPD Uses Red Flag Law After A False 911 Call

Case # 19-03435

SUMMARY

Evansville Police have arrested 67-year-old KENNETH HAYNIE Jr on a False Informing warrant following a chain of events that began on February 16^th.  

On the 16^th, the Vanderburgh County Sheriff’s Office received a phone call from a family member of Kenneth Haynie Jr. saying he had discussed initiating a confrontation with law enforcement officers at his home. The purpose of the confrontation would be to provide a means for him to speak to the media about his political views.  The family member said Mr. Haynie was in possession of numerous firearms and was mentally unstable. There were no direct threats made towards law enforcement at the time. An officer safety alert was placed in our computer database under his name so officers would be made aware if any runs were made involving Mr. Haynie.

On February 17^th at 7:30 pm, Mr. Haynie called 911 and said he had tied his wife up and was holding her at knifepoint. During the 911 call, Mr. Haynie said he was armed and gave very specific instructions on how police should respond. He further stated that failure to follow his instructions would result in a bloodbath. During the call, Mr. Haynie never made threats against the public or any specific officer.

Based on the officer safety alert that had been placed in our database, officers believed Mr. Haynie was following through on his plan to initiate a standoff with police. Officers responded to the area but did not initiate direct contact with Mr. Haynie. Officers were able to locate Mr. Haynie’s wife at a different location and verified she was safe. Because officers knew his wife was not in the home, they knew Mr. Haynie had lied in his 911 call. This supported the belief that Mr. Haynie was trying to lure officers into an unnecessary confrontation.  

At 8:55 pm, officers were able to make contact with him via text messaging. During his communication with a negotiator, Mr. Haynie did not make any direct threats. He was told that if he wished to speak with officers, he would have to come out of the house. He refused to come out and officers determined he was not an immediate threat. Because he had not made any direct threats against anyone, the only potential crime he had committed was false informing. Officers deescalated the situation by leaving him in his home and leaving the area. A report was completed and on February 19^th, a warrant for misdemeanor false reporting was signed by a judge. 

Based on the information that Mr. Haynie was in possession of numerous firearms and suffering from mental health issues, officers decided the safest way to serve the warrant was to watch his house and wait for him to come out on his own. At 4:40 pm on the 19^th, members of the EPD VIPER Unit saw Mr. Haynie taking his trash out and were able to take him into custody without incident. 

Family members were notified of his arrest.  They asked the police to remove the firearms from his house under Indiana statute 35-47-14, commonly known as the Red Flag Law. This law allows for the removal of weapons without a warrant if police believe the person is suffering from a mental health crisis. Officers collected 10 firearms and over 240 rounds of ammunition from the home. A hearing will be held within 14 days to determine if police can seize the guns for a longer period. 

When officers entered the home to collect the guns, they noted the guns were all loaded and ready to fire. There were guns throughout the home and ammunition in each room and on the stairs. The guns were laid out where he could move from room to room and access the guns as he moved. The mail slot on the front door had been modified to allow him to fire upon anyone approaching the house. 

There is no doubt that had officers not been made aware of Mr. Haynie’s comments on February 16^th, officers would have walked into an ambush situation on the 17^th. The family member’s willingness to share that information played a crucial role in how officers handled this entire situation. 

The decision to deescalate the situation on the 16^th by recognizing no violent crime had been committed and that Mr. Haynie was suffering from a mental health issue also impacted the outcome of this situation. 

Mr. Haynie was arrested on the warrant with a bond of $10,000. He remains in jail as of this morning.