Retired Oklahoma Firefighter Killed; Shot After Intruding into Police Officer's Home

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ROBERT MEDLEY AND MICHAEL KIMBAL
The Oklahoman

YUKON - The retired firefighter who was shot and killed Tuesday as he barged into a Piedmont police officer's home may have been hallucinating and confused, his son said.


Devin Nemecek, 47, was killed about 8 a.m. as he pushed into the Yukon home of Jack Neumann, 37, and attacked him, Yukon police spokeswoman Klare Ly said. Neumann lives at 317 Sunrise Drive, and Nemecek lived a few houses down at 409 Sunrise Drive.

Neumann returned home from work as a Piedmont police officer to find Nemecek banging on his back door and trying to get inside, Ly said. Neumann told him to leave several times as the man barged into the house, and Neumann shot him.

Nemecek was holding a piece of metal and struck Neumann several times, Ly said.

Nemecek used an oxygen tank because of lung and heart damage from injuries suffered while fighting a fire two years ago, his son said.

Garrett Nemecek, 23, of Oklahoma City, said his father sometimes had hallucinations when his oxygen levels were low, and likely thought he was trying to enter his own home when the incident occurred.

"Last night he was having some trouble with his breathing treatments," Garrett Nemecek said. "Once his oxygen gets down to a certain level, he just doesn't know where he's at. He doesn't know his name. ... He would not be himself at all."

Nemecek said his father would never harm anyone under normal circumstances and was an upstanding member of the community who will be missed by his family and friends.

The family is working to set up a memorial of some kind to remember Devin Nemecek.

Garrett Nemecek said he didn't know why his father was outside Tuesday morning, but he had been doing yard work Monday evening and could have been doing more yard work Tuesday.

Neumann told investigators his wife and children, ages 3 and 4, were inside the home at the time of the shooting, Ly said. She said Neumann did not know Nemecek.

"As you can imagine, someone banging on the door trying to get in who is incoherent, you can understand they would be scared," Ly said.

Police release frantic 911 call

A frantic woman's voice can be heard on a 911 call released Tuesday by police. The woman was crying as she told a 911 operator a man with a crowbar was trying to break into her house.

"Shoot him," the woman yelled during the call, apparently to Neumann. A man's voice can be heard shortly thereafter yelling, "Get back!" before a gunshot rang out.

Piedmont Police Chief Jerry Koester said Neumann will be on paid administrative leave until the district attorney rules on the shooting. He described him as an "exemplary" officer who feared for the safety of his wife and two small children.

None of the officer's family members were injured.

"They are obviously shaken up and scared," Ly said.

Copyright 2011 The Oklahoman, All Rights Reserved
April 20, 2011

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Paul were you bitten by a cop when you were young WOW! Just listening to your wild uninformed lament that is written in a manner that makes me wonder about your stability. Unless you have more knowledge then most of us I suggest it is you who is being judge and jury. Slow down and present the facts not assumptions and wild suppositions.
clearly you have not had some one break into your home - when you are in it - I have - it is scary - you act in survival mode... not in a calm cool collected manner that evaluates all options

you bring up some good points - there were potentially other options... however, survival mode and fear makes you fight or flee... this time his survival mode said fight to protect himself and his family

it is sad... anyway you look at it
FFN rules clearly say no name calling.
Mr Rambo let me make myself clear on what i typed. Yes i believe in the death penalty i would be the 1st to stand in line to either inject or pull the switch. All criminals are not guilty our prisons are full of people who got caught and did not do it. If you break into my home i have a duty to protect my family or property at any means. If someone ever does enter my home with a club,weapon,on drugs,or just plum crazy all i ask is please have proper identification and a good phone number for youe next of kin so my tax dollars are not wasted on trying to identify you.
At least i know where iam going mr.rambo and believe i will know others there with me. Maybe if it ever happens to you you can sit them down and try talking the weapon off them good luck with that.
Please close this thread.
Paul,

I am a law Enforcement officer with state and federal credentials. I've been one for over 10 years. I'm also a CLEET certified Instructor with Advanced Peace Officer certification. I am well versed in the use of force continuim. From the information on this case that I have, is that the officer was well within and had justifiable reasons to use deadly force. A suspect with a deadly weapon acting in an offensive/threatning manner is a compelling reason for deadly force. You keep talking about Judge/Jury/Executioner, remember you are being the most critical! Have you ever been trained to Law Enforcement use of force? Seriously doubt it. How do we know what medications/substances this suspect was under the influence of? This officer is required by state law to have mental health training as well as a firearm/custody and control refresher every year. My fellow state officer, trooper Nick Green encountered a firefighter near rural Lawton several years ago. The fireman was normally a well behaved law abiding citizen,but on this particular evening, he was under the influence of methamphetamine and attacked Nick. Nick fought the man for over 6 minutes. Nick was knocked out and his gun was taken from him and the man executed him! But I guess Nick shoulda spent more time at the gym? Less time at the coffee shop? Negative, it didn't matter. He was killed in cold blood by a man with an altered mental status. The ONLY time you use a firearm is in a deadly force situation. There is NO agency in the United States that teach wounding or warning shots.
Paul,

A headlock is considered deadly force!
it looks like a few comments were moved above this comment. this comment was not to andrew
it looks like a few comments were moved above this comment. this comment was not to me
Paul - everyone handles their lives and homes differently.

None of us was there with this family during the home invasion - therefore we have to be careful when we try to judge the situation by one newspaper article.

It sounds as though you would have worked very hard to handle the situation differently to protect your wife and children. That has to be respected. Equally so we can respect that other people would act differently to protect their families.

I hope you never have to find out. I hope this never happens to you or any of us.

And having been in my home - when it was invaded by a stranger intruder - I have to tell you the fear is soooo high - you will fight to the death to save yourself and your family. Not because you want someone else dead, but because you want you and your family to live !!!
Andy, U.S. police officers are generally required to carry their firearms at all times, even when off duty. They have a duty to act to prevent crimes, even when off duty. As many U.S. criminals are armed (often with automatic weapons that out-gun the police) it's a matter of course for U.S. police officers to be armed off duty. They don't typically leave their weapons at work - they usually drive their patrol cars home and secure their firearms inside their homes.

This was a completely justified, self-defense shooting. Even if the person who owned the home had not been a police officer and had killed an intruder who was attacking him, it's going to be ruled justifiable self defense, every time.

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