- The Washington Times - Tuesday, November 14, 2000

An intensive 13-day manhunt for accused cop killer Kofi Apea Orleans-Lindsay ended early yesterday, when he was surrounded by law enforcement officers as he drove through New York.

Mr. Orleans-Lindsay was arrested at about 1 a.m. after he was stopped while driving a borrowed Hyundai on Atlantic Avenue between Washington Avenue and St. James Place in Brooklyn.

He was charged on a fugitive warrant stating he was wanted in the District of Columbia for murder in the Oct. 30 shooting of Maryland State Police Cpl. Edward M. Toatley.

"It's a bittersweet day for the Maryland State Police Department," said Col. David B. Mitchell, superintendent of the Maryland State Police.

During a hearing yesterday in U.S. District Court in New York, Mr. Orleans-Lindsay's court-appointed attorney, assistant federal public defender Andrew Carter, asked for an identity hearing and indicated he planned to argue that his client has been incorrectly identified.

An affidavit filed in the New York court by FBI Special Agent Gregory T. McHugh notes that Mr. Orleans-Lindsay identified himself when he was arrested and that his fingerprints match those of the suspect.

A federal magistrate, who ordered Mr. Orleans-Lindsay held without bail, set a hearing for Friday.

"We care about every murder. But when you murder a family member, it becomes very personal," said Executive Assistant Chief Terrance W. Gainer, the No. 2 official in the Metropolitan Police Department.

"There was a collective sigh of relief," Chief Gainer said of the arrest.

U.S. Attorney Wilma A. Lewis said Mr. Orleans-Lindsay will be charged with murder of a federal officer once he is returned to the District. She said other charges could be filed later, including conspiracy and drug charges.

"He is going to be charged under the statute for killing a federal officer or officials. That is a federal charge [that is] death-penalty eligible," Miss Lewis said.

She added that, if the evidence against him indicates a conspiracy, Mr. Orleans-Lindsay could face "another death-penalty eligible charge."

The death penalty is banned in the District, but federal charges allow capital punishment. The U.S. attorney general must decide, with the recommendation of the U.S. attorney, on whether the death penalty will be sought.

"We will address the death-penalty issue when it is appropriate," Miss Lewis said.

Cpl. Toatley, who was posthumously promoted to his rank, is considered a federal officer because he was working with an FBI undercover anti-drug task force and was deputized as a federal officer so he could work in Maryland and the District.

Cpl. Toatley was fatally shot during an undercover operation in the 2000 block of Douglas Street NE.

The manhunt included D.C., Prince George's County and Maryland officers, the FBI and the U.S. Marshals Service, plus law enforcement officers in Philadelphia and New York.

Chief Gainer said that Mr. Orleans-Lindsay had family and friends in those areas, and that officers began focusing on New York on Thursday.

"[Information] … led us to believe he was in New York, the Brooklyn area, and we sent Maryland and some of our own personnel there," Chief Gainer said.

Investigators were monitoring cellular telephones of Mr. Orleans-Lindsay's friends and associates, which led them to New York. Chief Gainer said "a combination" of things were used to capture the accused killer.

Barry W. Mawn, assistant FBI director in charge of the New York field office, said in a prepared statement it appears Mr. Orleans-Lindsay traveled to New York the day after the shooting and stayed at the Riviera Hotel on Atlantic Avenue in Brooklyn. After that, he stayed in several apartments in the Bedford-Stuyvesant section of New York.

Documents filed in court yesterday show that Cpl. Toatley, who was posing undercover as a hit man and drug dealer, met Mr. Orleans-Lindsay at Fourth and Aspen streets NW.

Mr. Orleans-Lindsay got out of his silver Mercedes-Benz and into Cpl. Toatley's Toyota 4Runner and told the trooper to drive him to his "stash" house in the 2200 block of Douglas Street NE.

When they arrived at the address, Cpl. Toatley gave Mr. Orleans-Lindsay $3,500 and Mr. Orleans Lindsay got out and walked away for about three minutes.

When he returned, Cpl. Toatley, whose vehicle was wired with a camera and microphones, was heard saying "Here he comes," and seconds later he said, "Is everything all right?"

His backup then heard a pop, which was not recognized as a gunshot, and heard him gasping for breath.

The videotape of the operation showed Mr. Orleans-Lindsay in the 4Runner with Cpl. Toatley and then getting out, but his face could not be seen when Cpl. Toatley was shot with a .380 semiautomatic pistol.

Court documents show that the shooter was wearing the same shirt worn by Mr. Orleans-Lindsay.

A .380 shell casing was found outside the truck. Police also found a Mercedes-Benz key on a tag bearing the name of "Kofi" in the alley on the north side of the 2000 block of Douglas Street NE.

Chief Gainer said that although Mr. Orleans-Lindsay has been arrested, police are still investigating people who helped him flee the Washington area.

"Because he's caught does not mean we go to parade rest," he said. "We are still looking for his partners and the people involved in the sale of drugs and the people who hid him and helped him during this 13-day period."

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