Rigoberto Alpizar

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Rigoberto Alpizar
Alpizar in an undated family photo.
Born April 17, 1961
Costa Rica
Died December 7, 2005
Miami, Florida

Rigoberto Alpizar (April 17, 1961–December 7, 2005) was a Costa Rican-born United States citizen who was fatally shot at Miami International Airport by two United States federal air marshals.

Alpizar was a resident of the central Florida town of Maitland, and worked in the paint department of a Home Depot supply store. He was supposed to fly with his wife, Anne Buechner, back home to Orlando, Florida after returning from a missionary trip to Quito, Ecuador.

The shooting took place on a jetway after Alpizar ran away from American Airlines Flight 924 to Orlando. Homeland Security officials maintain that Alpizar claimed to have a bomb in a bag he was carrying and made a sudden movement in its direction. Some witnesses inside the aircraft later disputed the claim that Alpizar verbalized any such bomb threat. Following the shooting, no explosives were found on the plane, in the bag he was carrying, or inside any of the luggage onboard the aircraft. In a news conference later that day, the FBI stated that Alpizar did not have connections to any terrorist organization.

Contents

[edit] Shooting

Crime scene photograph of Rigoberto Alpizar
Enlarge
Crime scene photograph of Rigoberto Alpizar[1]

Upon landing at Miami International Airport, the airplane on which Rigoberto Alpizar was traveling taxied to the gate and passengers began disembarking in order to be processed by customs agents. At approximately 14:00 EST, passengers continuing on to Orlando were re-boarding the plane after going through customs.

As the plane finished boarding and all 114 passengers were seated,[2] Alpizar was heard having an argument with his wife.[3] He stood up from his seat saying "I have to get off the plane"[3] and ran for the door which the flight crew had yet to close. His wife, chasing after him yelling "He's sick," was followed by an undercover air marshal. According to James E. Bauer, two air marshals confronted Alpizar near the cockpit when Alpizar "uttered threatening words that included a sentence to the effect that he had a bomb." Homeland Security spokesperson Brian Doyle later claimed that Alpizar "threatened that he had a bomb in his backpack" and "made a move toward the backpack"[4]. Ignoring requests to stop, Alpizar continued to exit the plane and was soon confronted in the jetway, just outside the aircraft. After being ordered to the ground, Alpizar allegedly did not comply, instead reaching for the bag he had been carrying. The two airmarshals opened fire, killing Rigoberto Alpizar. Conflicting reports put the number of shots between 3 and 9.

[edit] Reaction

Just hours later, in a nationally broadcast interview with All Things Considered's Michele Norris, Eric Weiner of NPR [5] reported that Homeland Security special agent in charge James Bauer asserted that Alpizar claimed to have a bomb in his carry-on bag. Recapping the events that led to Alpizar's shooting, Weiner reported, "They were reboarding the flight, it was continuing to Orlando. That's when Federal Air Marshalls confronted this man. He was acting suspiciously, he claimed to have a bomb, Federal Air Marshals told him to get on the ground. He did not comply." To date, no independent evidence has emerged verifying that Alpizar said he had a bomb. Several passengers on the flight have contradicted the government's claim, saying they never heard Alpizar say anything about a bomb.

Two eye-witnesses, John McAlhany who said in an interview "I never heard the word 'bomb' on the plane," ... "I never heard the word bomb until the FBI asked me did you hear the word bomb."[3] and another passenger, Mary Gardner, added, "I did not hear him say that he had a bomb."[6] A spokesman for the Association of Professional Flight Attendants has been[7] quoted as saying that a flight attendant who confronted Alpizar as he tried to leave the plane claimed Alpizar said "I have a bomb," though this assertion has not been repeated, and this flight attendant has not come forward.

[edit] No explosives found

After the shooting, police dogs sniffed all luggage for explosives and passengers were held on the plane at gunpoint until all luggage was cleared. No bombs or explosives were found.[3][8] Mr McAlhany said he remembers having a shotgun pressed into his head by one officer, and hearing cries and screams from many passengers aboard the aircraft after the shooting in the jetway. "This was wrong," Mr McAlhany said, "This man should be with his family for Christmas. Now he’s dead."[6]

The D concourse of Miami International Airport was temporarily evacuated following the shooting and was re-opened around 15:00 EST.

Alpizar, traveling with his wife, arrived in Miami from a missionary trip on a plane from Quito, Ecuador [9].

[edit] Significance

From TSA and DHS reports, this incident is the first time a U.S. federal air marshal has fired a weapon while onboard a plane. It is also the first time an air marshal has used a firearm since before 9/11. Six days after Alpizar was shot by air marshals, the U.S. government gave the organization expanded powers to "identify suspicious passengers." The air marshals were "eager to conduct surveillance activities beyond the aircraft, and tighten security at public transit stations over the holiday."[10] Together with the killing of Jean Charles de Menezes by officers of the Metropolitan Police in London in July 2005, this episode highlights the risks involved in shoot-to-kill anti-terrorism policies such as Operation Kratos in the UK.

[edit] Final Resting Place

Alpizar's body was sent to his birthplace of Costa Rica for burial on December 13, 2005. [citation needed]

[edit] Miami-Dade State Attorney's Office report

A final report [1] was released by the Miami-Dade State Attorney's Office on May 23, 2006. The report found that "the shooting officers were legally justified in their use of force and no criminal charges will be filed.[1] The report notes as a key fact that Alpizar's wife said that her husband "threatened" that he had a bomb in his backpack, although this is not elaborated on further (when Alpizar said this, to whom, how she heard this, and in what language).

Both federal air marshals (ages 30 and 31) claimed that Alpizar repeatedly stated that he had a bomb and would detonate it (one marshal said these threats were made in Spanish, the other marshal did not indicate a language), while advancing towards them and refusing commands to stop. The report indicates that the first air marshal was fluent in Spanish, implying that the second was not. Both said they issued commands in both English and Spanish. The second air marshal said that Alpizar said (presumably in English), "I'm going to blow up this bomb. I'm going to blow up this bomb. I'm going to show you. [1]

The pilot (age 49) of the plane stood directly behind the air marshals, and said that English was spoken. The pilot said that Alpizar indicated he had a bomb, and continued advancing despite a warning that "If you don't take your hands out of the bag, we're going to have to shoot you." The pilot said Alpizar responded with, "Shoot me! Shoot me!" while repeating several times that he had a bomb, despite a further warning of "We're going to have to shoot you if you don't stop. [1] The captain (age 50) of the plane was in a position to see both Alpizar's wife coming down the aisle and Alpizar in the jetway. The captain said that Alpizar was at the far end of the jetway, and turned around and advanced toward the plane, ignoring commands to stop. The captain said Alpizar defiantly yelled, "Shoot me! Shoot me!", and observed that Alpizar appeared serious and considered him a threat. [1] The captain said that the air marshals repeatedly said they would shoot, but Alpizar advanced anyway. The report did not indicate whether or not the captain said he heard Alpizar say he had a bomb.

The report also notes three other witnesses who said they heard either "I have a bomb" or "There's a bomb on board," but they could not determine which. [1] The report notes one witness seated in the front of the plane say that Alpizar said "I have a bomb" as he ran by. Another witness seated in the first row said he heard Alpizar yell from the back of the plane, "I got to get off this plane. I have a bomb. [1] Three flight attendants said that Alpizar said there was a bomb on board. The report does not indicate whether or not these flight attendants heard Alpizar say he had a bomb. [1]

The report also noted many of the other witness comments made to news media, as well as Alpizar's not having taken his full dose of medication, and his unusual behavior in airports prior to the incident. [1]The weight of the evidence of the claim that Alpizar said he had a bomb (rather than that there was a bomb on board, or confusion as to this fact) rests on: the two shooting federal air marshals, the pilot, the brief statement from Alpizar's wife (although it's not specified where and how she heard this), and two witnesses seated at the front of the plane (one of whom was in the first row and said he heard the claim from the back of the plane, the other saying Alpizar made this claim as he was running by).

There is also a discrepancy in the language in which the bomb threat was made, since one air marshal said the threats to detonate a bomb were made in Spanish, while the pilot said English was spoken, and the second air marshal appears only to be able to issue simple commands in Spanish. The second air marshal's claim was so notable (that Alpizar said "I'm going to blow up this bomb. I'm going to blow up this bomb. I'm going to show you," presumably in English), that it is strange that the report did not mention any other individual corroborating this striking phrasing. The report did not indicate the pilot, the captain, or any other individual on the plane say they heard that Alpizar say that he would detonate or blow up a bomb, although the report indicates that this is a factual finding. [1]

Also, the report does not indicate whether individuals were repeatedly questioned on their certainty of important facts, and if they were, which individuals and which facts. However, it should also be noted that both the pilot and captain said that Alpizar was repeatedly warned that he would be shot if he did not stop, and also that they and the air marshals indicated that Alpizar was wearing a backpack across his chest. [1]

From the air marshals' statements, it appears that the second air marshal fired one shot at first, but as Alpizar continued to approach, both air marshals began firing. The first air marshal fired 3 shots; the second, 6 shots. The autopsy showed that all non-grazing wounds were from front-to-back, with four projectiles found lodged in Alpizar's body. The autopsy also supports the finding that the backpack was being worn or held across Alpizar's chest.

[edit] References

  1. ^ a b c d e f g h i j k l Office of the State Attorney Eleventh Judicial Circuit Police Shooting Closeout Memo. Miami-Dade State Attorney's Office (2006-05-23). Retrieved on 2006-08-25.
  2. ^ Miami Airport Shooting. PBS.com (2005-12-07). Retrieved on 2006-09-13.
  3. ^ a b c d Eyewitness: "I Never Heard the Word 'Bomb'". Time Magazine (2005-12-08). Retrieved on 2006-09-13.
  4. ^ Passenger: Alpizar Was Agitated at Gate. ABC News (2005-12-08). Retrieved on 2006-09-13.
  5. ^ Man Who Claimed to Have Bomb Killed at Miami Airport. NPR (2005-12-07). Retrieved on 2006-09-13.
  6. ^ a b Witnesses dispute official line on plane shooting. TimesOnline.co.uk (2005-12-09). Retrieved on 2006-09-13.
  7. ^ Passenger shooting death still under review. USA Today (2005-12-08). Retrieved on 2006-09-13.
  8. ^ Probe after Miami airport killing. BBC News (2005-12-08). Retrieved on 2006-09-13.
  9. ^ Air Marshals 'Had To Stop Threat'. CBS 11tv (2005-12-08). Retrieved on 2006-09-13.
  10. ^ Undercover air marshals to expand work beyond airplanes. AP (2005-12-14). Retrieved on 2006-09-13.

[edit] External links

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