11-99 Foundation - Newhall Incident

Newhall Incident

On April 6, 1970, four California Highway Patrol officers were killed in a 4½‑minute shootout in the Newhall region of Southern California. The incident is a landmark in CHP history because of both to its emotional impact and the procedural and doctrinal reforms implemented by the CHP in the incident's aftermath.

The shootout occurred in a restaurant parking lot just before midnight. Officers Walt Frago and Roger Gore had been alerted by radio of a vehicle carrying someone who had brandished a weapon. They spotted the car, fell in behind, called for backup, and began the stop procedure. When the subjects' vehicle had come to a halt in the parking lot, the driver was instructed to step out of the vehicle and spread his hands on the hood. Gore approached him and Frago moved to the passenger side. The passenger side door suddenly swung open and the passenger sprung out, firing at Frago, who fell with two shots in his chest. The gunman, who was later identified as Jack Twinning, then turned and fired once at Gore, who returned fire. In that moment the driver, Bobby Davis, turned and shot Gore twice at close range. Both officers died instantly.

When Officers James Pence and George Alleyn drove in moments later, they could not see suspects or other officers, but both immediately came under fire. Pence put out an 11‑99 call ("officer needs help") then took cover behind the passenger door. Alleyn grabbed his shotgun, and positioned himself behind the driver-side door. Both officers were mortally wounded in the ensuing exchange, and one subject was hit.

Gary Kness saw the gunfight as he drove along The Old Road and stopped to help. Kness ran toward the gun battle as shots were still being fired.

"I was driving to work as a computer operator when I turned the corner on the Old Road and saw the gunfire, I saw two CHP cars and a red car. I always say my brain said to get out of the way, but my feet ran the wrong way."

Kness tried to drag the mortally wounded Alleyn out of the line of fire. When one of the two assailants began firing at him, Kness grabbed a CHP shotgun lying on the ground and aimed it at one of the gunmen. The shotgun was empty, however. Kness grabbed Alleyn's service pistol from the ground, aimed with both hands and fired, hitting gunman Bobby Augusta Davis in the chest. When Davis kept advancing toward him, Kness tried to shoot again, but the CHP pistol was out of bullets.

"I was upset there weren't four or five more rounds in there. After that, I ran and jumped in a ditch. The dumbest thing is, I still had the service revolver in my hand. I was afraid when more police came they'd think I was one of the gunman. So I put it behind me and said, 'They went that way.' "

Suspects Jack Twinning and Bobby Davis escaped, later abandoned their vehicle and then split up. For nine hours, officers blanketed the area searching for the killers. Twinning broke into a house and briefly held a man hostage. Officers used tear gas before storming the house, but Twinning committed suicide with the shotgun he had stolen from Frago. Davis was captured, stood trial and convicted on four counts of murder. He was sentenced to death, but in 1972, the California Supreme Court declared the death penalty to be cruel and unusual punishment and in 1973, the court modified Davis's sentence to life in prison.

Of the incident, Ronald Reagan, who was governor of California at the time, said the following words: "If anything worthwhile comes of this tragedy, it should be the realization by every citizen that often the only thing that stands between them and losing everything they hold dear... is the man wearing a badge."

An emotionally charged follow-up investigation followed the incident, but eventually led to a complete revision of procedures during high-risk and felony stops. Firearms procedures have also changed fundamentally due to this incident, and physical methods of arrest have been improved. The police baton and pepper spray have been added to the officer's arsenal, with more in‑depth training in their use. In all, though the incident was a great tragedy, the reforms that stemmed from it have made uniformed officers more alert and better prepared for the dangers faced every day.

The 25th anniversary of the Newhall Incident was observed on April 6, 1995, at the present Newhall Area office, where a brick memorial pays tribute to Officers James Pence (6885), Roger Gore (6547), Walt Frago (6520) and George Alleyn (6290). The memorial once stood at the former Newhall office, but was rebuilt at the new site, about one mile (1.6 km) from the scene of the slayings.

Davis died in prison on August 16, 2009.