Below is Biehl's unedited statement:
"As I have mentioned previously in the past month, it is my responsibility as the Chief of Police of the City of Dayton, to ensure that members of the Dayton Police Department provide service in a professional and just manner, consistent with established laws, and do so in a way that promotes public safety. This includes identifying and apprehending individuals who violate community standards, as embedded in our laws, and jeopardize the safety of our community.
On May 23, 2008, Officers Frisby, Setty, and Phillips were fulfilling this responsibility when they responded to the following calls received and dispatched by the Dayton Police Department Communications Bureau, beginning at 9:05 P.M. (house numbers withheld):
• 400 block of Delaware Avenue – Alex (last name unknown by caller) is outside in the front yard shooting a shotgun. Alex is Hispanic male, wearing long blue coat tan pants. Caller-in says Alex was shooting at a light skinned black male who ran on Wheatley away from Delaware.
• 400 block of Delaware Avenue – Caller advises hearing gunshots in the area. No other info.
• 300 block of Delaware Avenue – Just now complainant thinks she heard an explosion that rattled her windows – didn’t sound like fireworks, turned over to Fire also, nothing else heard.
• 400 block of Delaware Avenue – Black male, light skin, dark jacket, has a shotgun, is yelling and threatening to shoot anyone who wants to f*** with him. Subject is on the sidewalk in front of 405 or 407.
Shortly after these calls, Officer Joshua Frisby, who was in the area investigating the complaints, was contacted by two citizens who advised him that the suspect, later identified as Alexander L. Muela, was at 415 Delaware Avenue. Officer Frisby notified other officers that the suspect was possibly at that address and he was going to investigate. He also requested back-up. Officers Joseph Setty and Dustin Phillips arrived in the area, parking away from the home and making their approach on foot. Officers Frisby and Setty approached the front door cautiously while Officer Phillips was at the back door. The officers knocked on the door and could see through the full glass storm door that the suspect was coming toward the front door with a raised shotgun in his hands. He was ordered to drop the gun and did not comply. They then fired their weapons until Mr. Muela ceased to be a threat. They immediately called for a medic. A statement from a neighbor supports the officers’ account of this incident.
The gun with which Mr. Muela confronted the officers is a 12-gauge pistol grip pump shotgun which was loaded with a deer slug in the chamber. Additional ammunition was in the magazine. A subsequent search of Mr. Muela’s residence at 413 Delaware Avenue resulted in the seizure of two rifles and ammunition believed to be for those rifles.
Dayton Police Officers have been dispatched to the duplex at 413-415 Delaware several times prior to this incident and Mr. Muela has had eight documented contacts with Dayton Police, beginning September 5, 1998.
Mr. Muela is recovering from his wounds at a local hospital. Detectives will meet with the Montgomery County Prosecutor’s Office at a later date regarding charges against him.
As I have previously stated, it is both fair and necessary that any judgment of the actions of the officers be withheld until all available facts are established and disclosed. These facts will be determined through the investigation being conducted by the Dayton Police Department. Once investigation being conducted by the Dayton Police Department Homicide Squad is completed, the case will be reviewed by the Montgomery County Prosecutor’s Office. The Internal Affairs investigation will be concluded thereafter.
I would ask that members of the community and media demonstrate patience as these investigations proceed and that any speculation or judgment regarding the officers’ actions be withheld until these investigations are completed."