The article isn't clear, but it sounds like the trooper used his handgun only. The link has photos.
I guess the SAFE Act isn't working as planned...
https://www.pressconnects.com/...kirkwood/2708067002/NY state trooper out of hospital following fatal shootout on Route 17 in KirkwoodAnthony Borrelli, Binghamton Press & Sun-Bulletin Published 6:33 a.m. ET Jan. 29, 2019 |
Updated 4:54 p.m. ET Jan. 29, 2019
A New York State trooper is expected to make a full recovery after being wounded in a deadly shootout Monday night with a Windsor man who stole his mother's car.
The suspect, Nicholas Philhower, 30, of Windsor, was pronounced dead at the scene of the encounter on Route 17 in Kirkwood. Trooper Timothy Conklin, a 28-year member of the state police, has since been treated and released from the hospital.
At a news conference Tuesday, state police officials said they're still investigating what motivated Philhower to open fire with an illegal military-style semi-automatic rifle after being stopped along Route 17 East.
Troopers in Binghamton were contacted at 6:09 p.m. by Philhower's mother who reported her son had taken her vehicle without permission and she wanted him arrested, New York State Police Troop C Major William McEvoy said.
Eleven minutes later, Conklin saw the suspect vehicle traveling west on a 65-mile-per-hour stretch of Route 17 West.
McEvoy said investigators believe Philhower noticed the trooper approaching, so he took evasive action by driving through the median near the intersection of Route 17 and Interstate 81, onto Route 17 East.
There was no time for Conklin to launch a formal pursuit, McEvoy said, and Philhower came to a stop shortly after reaching the eastbound Route 17 driving lane.
Philhower then opened fire on Conklin through the rear window of his mother's vehicle.
Conklin returned fire through his patrol vehicle's windshield — it was riddled with bullets from both firearms by the end of the exchange — and then Conklin got out of his vehicle after reloading his duty weapon.
Philhower died after being struck several times — the number of bullets fired during the shootout wasn't disclosed Tuesday.
The exchange of gunfire took place with other motorists nearby and the investigation stalled early evening traffic.McEvoy said Philhower started firing "before Trooper Conklin even knew what was going on."
"At that point in time, he’s pulling over a car that he knows is being used in an unauthorized manner, no reasonable expectation that this would occur," McEvoy said of the trooper's actions. "All of a sudden, his life was in jeopardy. It just came out of nowhere."
Police identified the firearm Philhower used as an SKS military style semi-automatic rifle affixed with a high capacity magazine and a bayonet bolt, making it illegal under the New York State Safe Act.The firearm was also not registered and Philhower did not hold a pistol permit. Police are still investigating where he obtained the weapon.
Conklin was treated Monday night for a minor shrapnel injury to his upper right arm.
With some recovery assistance anticipated, it's expected he will be able to return to duty. McEvoy said it's only with "a little bit of God's luck" that Conklin survived.
State police were aided at the scene by the New York State Department of Transportation, Five Mile Point fighters, the Broome County Office of Emergency Management and Superior Ambulance.
Broome County District Attorney Steve Cornwell also responded to the scene Monday night, and McEvoy said authorities are still interviewing witnesses and executing search warrants on the suspect's vehicle and home.
An autopsy for Philhower was expected to be conducted at Lourdes Hospital in Binghamton to verify the cause of his death.
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