[Congressional Record Volume 145, Number 18 (Tuesday, February 2, 1999)]
[Extensions of Remarks]
[Pages E98-E100]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTRODUCTION OF THE JOSEPH BOYD PRIVATE RELIEF BILL

                                 ______
                                 

                          HON. LORETTA SANCHEZ

                             of california

                    in the house of representatives

                       Tuesday, February 2, 1999

  Ms. SANCHEZ. Mr. Speaker, it is with great sadness that I must 
introduce a private relief bill for the Boyd family. This legislation 
will clarify the status of Joseph Samuel Boyd as a public safety 
officer for purposes of payment of death benefits by the Bureau of 
Justice Assistance (BJA). Joseph Boyd, the dedicated and highly 
decorated Rangemaster for the Santa Ana Police Department (SAPD), 
tragically died on-duty while testing an illegal firearm.
  I wholeheartedly support awarding the Boyd family death benefits 
under the Public Safety Officers' Benefit Program due to the 
contributions Rangemaster Boyd made to the Santa Ana Police Department 
and our community. Joe Boyd was not only a committed husband and 
father, he was a critical component of the Santa Ana police force.
  In 1995, the Bureau of Justice Assistance awarded SAPD a grant under 
the Firearms Trafficking Program. The Santa Ana firearms program, along 
with the Santa Ana Weapons Inspection Team (WIT) has developed into one 
of the nation's premiere firearms trafficking programs as a result of 
this grant. Joe was

[[Page E99]]

an integral part of this Weapons Inspection Team, and as part of his 
duties, Joe examined and tested firearms to confirm their nomenclature 
and help prove the elements of a crime.
  Joe Boyd was an indispensable resource to the investigators assigned 
to the Team and he performed exceptionally in his duties. At the time 
of his death, Joe was assisting the SAPD, in conjunction with the 
firearms program, in testing a fully automatic MAC-11 weapon. The 
faulty construction of this weapon led to his untimely death.
  As we come upon the one year anniversary of Joe's death, we can 
recount with pride the innumerable contributions he made to SAPD and 
the city of Santa Ana. The unusual circumstances surrounding his death 
call for the Boyd family to be compensated for their tragic loss. While 
this legislation may not make the loss of Joe Boyd any less painful, it 
will honor his work and legacy as a man dedicated to the safety of his 
community and his fellow officers. Thank you Mr. Speaker, and I would 
like to add the following materials to the Record.

                                    Congress of the United States,


                                     House of Representatives,

                                   Washington, DC, August 4, 1998.
     Ashton Flemmings,
     Public Safety Officers' Benefits Program, Bureau of Justice 
         Assistance, Washington, DC.
     Re: Claim for benefits--Joseph Samuel Boyd, File #98-185

       Dear Mr. Flemmings: I am writing to you on behalf of the 
     Santa Ana Police Department (SAPD) and the Boyd family. In 
     January of 1998, Rangemaster Joseph Samuel Boyd died while 
     on-duty. Although Joseph Boyd was not a sworn peace officer 
     at the time, he contributed his expertise and dedication to 
     the Santa Ana firearms program. I highly advise and fully 
     support awarding Joseph Boyd's family benefits, under the 
     Bureau of Justice Assistance (BJA) Public Safety Officers' 
     Benefit Program.
       It is my understanding that the Santa Ana Police Department 
     has already submitted the Report of Public Safety Officer's 
     Death and a Statement of Circumstances, and the Boyd family 
     has submitted a Claim for Death Benefits. At the time of his 
     death, Joseph Boyd was assisting the Santa Ana Police 
     Department, in conjunction with the firearms program, in 
     testing a fully automatic MAC-11 weapon. The poor 
     construction of this weapon led to his untimely death.
       In 1995, the BJA awarded SAPD a grant under the Firearms 
     Trafficking Program. The Santa Ana firearms program has 
     developed into a national success made possible by a grant 
     offered by the Bureau of Justice Assistance. Rangemaster 
     Joseph Boyd, a civilian, was an integral part of SAPD's 
     Weapon Inspection Team (WIT). As part of his duties, he 
     examined and tested the firearms to confirm their 
     nomenclature and help prove the elements of the crime. Joseph 
     Boyd was an indispensable resource to the investigators 
     assigned to WIT and performed exceptionally in his duties.
       Joseph Boyd's contributions to the Santa Ana Police 
     Department and the BJA grant enforcement program are 
     innumerable. Therefore, I respectfully request that the BJA 
     award death benefits to the Boyd family. If you have any 
     further questions regarding this matter, please do not 
     hesitate to contact me or Aylin Kuyumcu of my staff at (202) 
     225-2965. Thank you for your consideration, and I look 
     forward to your response.
           Very truly yours,
                                                  Loretta Sanchez,
                                               Member of Congress.


     
                                  ____
                                                 City of Santa Ana


                                            Police Department,

                                      Santa Ana, CA, July 1, 1998.
     Ashton Flemmings,
     Public Safety Officers' Benefits Program, Bureau of Justice 
         Assistance, Washington, DC.
     Re: Claim for benefits--Joseph Samuel Boyd, File #98-185

       Dear Mr. Flemmings: As you know, in January of 1998, the 
     Santa Ana Police Department suffered a great loss with the 
     accidental on-duty death of Rangemaster Joseph Boyd. The 
     Department hereby respectfully submits the Report of Public 
     Safety Officer's Death, and the Boyd Family submits the Claim 
     for Death Benefits. Also attached to the respective 
     applications, please find all of the documents you requested 
     in your letter. Although we acknowledge that Joseph Boyd was 
     not a sworn peace officer at the time of his death, we 
     believe there are extenuating and extraordinary circumstances 
     that will prompt the Bureau of Justice Assistance to award 
     benefits to the family. Please find below a comprehensive 
     Statement of Circumstances as requested. Should you need 
     additional information, please feel free to call me at (714) 
     245-8003. Thank you for your assistance, and we look forward 
     to hearing from you regarding this matter.


                  DETAILED STATEMENT OF CIRCUMSTANCES

       In 1995, the United States Bureau of Justice Assistance 
     (BJA) awarded the Santa Ana Police Department a grant under 
     the Firearms Trafficking Program. The Department's Weapons 
     Interdiction Team (WIT) has worked closely in joint 
     operations with the Bureau of Alcohol, Tobacco and Firearms 
     (BATF), as well as the Federal Bureau of Investigations 
     (FBI), to combat illegal firearms trafficking. The Santa Ana 
     grant program has proven to be an unqualified success, and 
     one of the most effective firearms programs in the Nation. 
     Rangemaster Joseph Samuel Boyd, a civilian, was an integral 
     part of the WIT Team's effectiveness, as he examined and 
     tested the firearms to confirm their nomenclature and help 
     prove the elements of the crime. Rangemaster Boyd performed 
     these duties above and beyond his customary functions in the 
     Department, and proved to be a critical and indispensable 
     resource to the investigators assigned to the Weapons 
     Interdiction Team.
       During an undercover operation in January 1998, 
     investigators from the Santa Ana Police Department's WIT team 
     purchased a purportedly fully automatic MAC-11 type of weapon 
     with a silencer. The firearm was put together from a variety 
     of parts that can be ordered through the mail, and was 
     consequently poorly constructed. As usual, the investigators 
     requested Joe Boyd's assistance in testing the weapon. During 
     that test, one of the investigators reported that the weapon 
     malfunctioned, and Rangemaster Boyd stepped in to try and 
     resolve the problem. Boyd took control of the weapon and was 
     in the process of trying to fire it, when the weapon began 
     firing in fully automatic mode. As is the tendency for these 
     weapons to behave, the muzzle moved upward and one of the 
     rounds struck Joe Boyd in the neck. Despite efforts by the 
     investigators to save his life, Rangemaster Boyd died of his 
     injuries at the scene.
       As you can tell from the attached biography, Joseph Samuel 
     Boyd was an extraordinary individual who not only served his 
     Nation with distinction in Vietnam, but also made law 
     enforcement his civilian career. Joe graduated from the full-
     time San Diego Sheriff's Basic Academy, and worked for the 
     Orange County Sheriff and Marshall's Office as a Rangemaster. 
     His contributions to the Orange County Law Enforcement 
     Community are significant, especially to the Santa Ana Police 
     Department. We believe that the circumstances surrounding his 
     death, which occurred during his active participation in a 
     BJA grant enforcement program, merits the awarding of 
     benefits under the BJA Public Safety Officers' Benefits 
     Program. As I said earlier in this letter, even though Joseph 
     Boyd was not a sworn peace officer, the extraordinary 
     circumstances surrounding his death are worthy of serious 
     consideration under this program.
           Sincerely,
                                                  Paul M. Walters,
                                                  Chief of Police.


     
                                  ____
 In Memoriam of Joseph S. Boyd, Santa Ana Police Department, 1943-1998

       It is with great regret that I must report the death of a 
     beloved friend, father, husband, grandfather, brother, co-
     worker, dedicated instructor and ASLET Member. Joe Boyd, the 
     Rangemaster for the Santa Ana (California) Police department 
     was tragically killed on January 28, 1998 while attempting to 
     make safe an illegally converted machine pistol. During test 
     firing, the weapon had a stoppage, and while attempting to 
     make the weapon safe, the weapon malfunctioned and 
     unexpectedly fired uncontrollably in full-auto.
       Joseph Samuel Boyd, one of four children, was born March 
     26, 1943 in New York City to Patrick and Albina Boyd. He 
     graduated from the New York School of Printing in 1961 and 
     enlisted that same year in the United States Marine Corps. 
     After attending boot camp at Parris Island, South Carolina, 
     Joe served the next ten years primarily in the infantry and 
     included combat duty in Vietnam.
       Upon returning to the United States, Joe was assigned as a 
     Drill Instructor at the Marine Corps Recruit Depot in San 
     Diego, California where he was meritoriously promoted to the 
     rank of Gunnery Sergeant and in 1970 was awarded a commission 
     as a 2nd Lieutenant. While having a very busy schedule and 
     family life, Joe was somehow able to also attend the 109th 
     session of the FBI National Academy, not to mention both the 
     San Diego Community College Police Induction Training Course 
     and the San Diego County Sheriff's Basic Academy, graduating 
     with 560 hours.
       In 1972, Joe decided on a career change in the Marine Corps 
     and entered the field of Military Police. He continued his 
     advancement attaining the rank of Major and retiring from the 
     Marine Corps in 1985 with 24 years of honorable service to 
     his country. At the time of Joe's retirement, he was 
     responsible for base security at the Marine Corps Air Station 
     El Toro.
       Some of the awards Joe received during his career include 
     the Meritorious Service Medal, Navy Commendation Medal, 
     Vietnamese Cross of Gallantry, Combat Ribbon Citation, 
     Presidential Unit Citation and Good Conduct Medal. He also 
     received numerous awards for his expertise in weapons 
     competition and was a member of the Marine Corps Pistol Team.
       As Joe's extensive knowledge and interest of weapons and 
     training grew, he also recognized a strong desire to work 
     with law enforcement officers on weapons proficiency and 
     officer safety. After his retirement, he became a firearms 
     instructor and worked for the Orange County Sheriff's 
     Department at their training academy, the Orange County 
     Shooting and Training Center and Orange County Marshal's 
     Department between 1985 and 1993.
       In 1993, Joe was hired by the Santa Ana Police Department 
     as the Rangemaster. He immediately set out to develop a 
     comprehensive training curriculum in firearm proficiency and 
     safety for the department's 400

[[Page E100]]

     officers. Joe's number one goal was to insure that each and 
     every officer, regardless of position or rank, was properly 
     equipped and mentally prepared to confront any situation they 
     might encounter.
       When involved in training scenarios, he always stressed 
     officer safety and demanded that each and every person 
     practice safe weapons handling. To bring as much realism as 
     possible to the training, he made available to the department 
     a state-of-the-art system he was responsible for designing. 
     The training scenarios simulate real life situations officers 
     encounter daily and require them to rapidly evaluate and 
     assess a set of circumstances in complex ``shoot/don't 
     shoot'' situations. Joe believed this type of decision-making 
     training was essential for every police officer.
       While the new Police Department Administration Building and 
     Jail were being planned, Joe was busy assisting with the 
     design of the range. It was obvious to everyone this was his 
     ``love'' and he gave totally of himself as the facility was 
     under construction and the range was opened for operation in 
     August 1997.
       In recognition of Joe's contributions to the Police 
     Department and City of Santa Ana, he received top honors as 
     the 1997 Exceptional Quality Service Award winner. When not 
     involved in range training, Joe enjoyed shooting, bicycle 
     riding, camping, rock climbing and weightlifting. Perhaps the 
     most enjoyment in Joe's life came from spending time with his 
     twin three-year-old grandsons, Patrick John and Shane Joseph. 
     They were the joy of his life and he never passed up an 
     opportunity to tell you how proud a grandfather he was. In a 
     personal biography Joe wrote to the Department when he was 
     hired, he said the following: ``My interests are in police 
     training and my goal is to make a positive contribution to 
     the field of law enforcement.'' Let there be no doubt that 
     the many contributions Joe Boyd has made to all of law 
     enforcement are appreciated and will never be forgotten.
       Joe is survived by this loving wife, Marion, whom he 
     married 34 years ago; his son, Keith, who was recently 
     married to Kim; his daughter, Cynthia Journeay and her 
     husband John; twin grandchildren Patrick John and Shane 
     Joseph Journeay; his sister, Patricia Frankenberg; and 
     brothers Andrew and Robert Boyd.
       A Memorial Fund has been established to assist the family. 
     Please send any donations to the Joe Boyd Memorial Fund, c/o 
     Security First Bank, 141 W. Bastanchury Road, Fullerton, CA 
     92835.

     

                          ____________________