Tuesday, July 6, 2010

Fountain, FL: Rape suspect dead after standoff

S. BRADY CALHOUN / News Herald Writer
2010-07-05 11:00:43

FOUNTAIN — An accused rapist died from a gunshot wound to the head during an hours-long standoff and gun battle with Bay County Sheriff’s deputies Sunday night.

Investigators said Monday they do not yet know if Kevin Ryan Fuder’s death, which occurred while the 31-year-old man was barricaded inside a concrete building, was a suicide or if one of the officers involved — Lt. Tony Bruening, Sgt. Billy Byrd or Sheriff Frank McKeithen — delivered the fatal shot.

The medical examiner’s office was performing an autopsy Monday afternoon, and investigators said they are hopeful ballistics tests and other examinations will be able to clarify whether Fuder turned his 9mm handgun on himself or if he was struck by a bullet from another gun.

McKeithen suspended himself, Bruening and Byrd Sunday night, Bay County Sheriff’s Office Maj. Tommy Ford said during a news conference Monday afternoon. McKeithen also asked the Florida Department of Law Enforcement (FDLE) to take over the investigation into the death. Both steps are routine in officer-involved shootings.

“Our condolences go out to the Fuder family,” Ford said. “This is not the way that any of us like to see these situations end.”

Ford said McKeithen will decide when he will return to duty. “He’s still the sheriff,” Ford said.

Investigators said the string of events that led up to the standoff began Thursday morning when Fuder, who previously had been in prison for burglary, trafficking in stolen property, possession of burglary tools and felony driving while license suspended or revoked, got into an argument with his girlfriend. She wanted him to stop doing “opiates” but he would not, according to an incident report from the Panama City Beach Police Department. She responded by telling him she was leaving him.

Fuder then left her Panama City Beach home for most of the day but returned shortly before 6 p.m., angry and pointing a 9 mm handgun at her, according to the incident report. Fuder tied the woman up to the bed with a wire cord, and when she resisted, he struck her in the face, the report states.

Fuder then taped the woman’s mouth with duct tape, used a pair of scissors to remove her clothes and raped her, the report states. After the incident ended, investigators reported Fuder told the woman that if she tried to get out of the restraints, he would kill her and left the home. After about 30 minutes, she was able to struggle free and escaped to a neighbor’s home, where she called police, authorities said.



Sunday night

An investigation into the alleged rape revealed Fuder and his brother, Paul Fuder, had made threatening statements toward their father and the police, law enforcement officials said.

At about 6:40 p.m. Sunday, deputies were called to 13830 County Line Road, on the Bay-Jackson County line. Neighbors had called the out-of-state homeowner to let him know someone was using his property, investigators said. The homeowner called the sheriff’s office and investigators later learned Paul Fuder had done work for the homeowner at his property, officials said.

When deputies arrived at the home, they opened the walking gate and an alarm went off. They were greeted by Kevin Fuder, who told them to leave and then ran inside a concrete structure with boarded windows, officials said.

At one point, “he said he was going to blow them up,” said David Lee, the resident agent in charge of the local FDLE branch.

Deputies were dealing with someone who was “very angry” and “very threatening,” Lee added. “Almost to the point of being out of control.”

Deputies also were faced with an armed man in a dark area with no electricity and very little ambient light, officials said. McKeithen arrived during the standoff and attempted to convince Fuder to surrender, Ford said. However, Fuder fired on the officers and the deputies returned fire at least three separate times.

“It wasn’t a continuous gunfight,” Lee said.

Deputies heard nothing but silence after the last exchange of gunfire. About 11:45 p.m., they busted into the building and found Fuder dead.

Fuder “had a single gunshot wound directly under his right ear,” Ford said while using his index finger to indicate the location of the wound.

He added that he expected McKeithen and both deputies to return to duty sometime this week after each of them spoke with a psychologist about the incident. Chief Deputy JB Holloway is in charge during McKeithen’s absence, Ford said. The Sheriff’s Office also will perform an internal review into the incident to see if they could have done anything different during the standoff, Ford added.

Maj. David Humphreys of the Panama City Beach Police Department said officers take greater precautions and are more aggressive when dealing with someone who is considered armed and dangerous.

“We are grateful that the sheriff’s office was able to locate this individual and keep him from harming anyone else,” Humphreys said. “It’s unfortunate that it resulted in a death.”

He added that beach investigators had no evidence that proved Paul Fuder had committed any crimes in connection to this incident.

In June 2009, Paul Fuder, 32, was acquitted of second-degree murder and two counts of attempted second degree murder. The charges stemmed from a shooting in September 2008 in Jackson County.

Investigators said Paul Fuder accidentally shot Kevin Fuder seven times — twice in the chest, once in the neck, once in the shoulder, in both of his arms and once in the abdomen. Kevin Fuder’s lung, spleen, stomach, small intestine and colon were perforated. Investigators added that the Fuder brothers were feuding with Richard Jeffries and Belinda Marshall after bar brawl. Once the brawl ended, the two groups agreed to meet up and exchange items that were misplaced in the scuffle.

Marshall was killed in the incident and Jeffries was shot in the head but survived.

Kevin Fuder testified he was shot by someone else first and then hit from behind by several bullets from his brother’s gun. Paul Fuder told the jury that he fired his weapon after someone else shot his brother. After the shooting, Paul Fuder drove Kevin to the hospital and then fled the area, officials said.



Below is an earlier version of this story:

FOUNTAIN — A man wanted on rape and other charges was dead following an overnight shootout that ended just before midnight Sunday, authorities said at a news conference.

Kevin Fuder, 30, was found dead of a gunshot wound after the hours-long exchange in a "concrete bunker" next to a residence at 13830 County Line Road on the Bay-Jackson County line.

Investigators said Monday they do not yet know if the death, which occurred while the man was barricaded inside a concrete building, was a suicide or if one of the officers involved, Lt. Tony Bruening, Sgt. Billy Byrd or Sheriff Frank McKeithen, delivered the fatal, final shot.

Panama City Beach Police Department had been searching for Fuder, who was wanted on charges of armed sexual battery, false imprisonment and grand theft of a firearm stemming from an incident Thursday. Read the story »



Below is the initial report on the story:

FOUNTAIN — The Bay County Sheriff's Office has called a 1 p.m. press conference Monday during which they'll discuss an apparently fatal overnight standoff on County Line Road.

The standoff involved Kevin Fuder, 30, whom WJHG News Channel 7 reported was wanted on charges of armed sexual battery, false imprisonment and grand theft of a firearm, and he reportedly was shot and killed during the incident.

Fuder has served jail time on burglary charges out of Jackson County and was last released from prison in July 2007, according to the Florida Department of Corrections.

He also was critically injured during a shootout in Jackson County in September 2008, in which his brother, then 31-year-old Paul Fuder, was charged with killing a Cottondale woman. Kevin Fuder was shot seven times but recovered. Read the story »

Paul Fuder was acquitted of second-degree murder and two counts of attempted murder in that case. Read the story »

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