By Elizabeth Lowe
Staff writer
Genesee County – While some officers tossed aside a recent letter warning about bullet-resistant vests, police agencies are taking notice.
Police officers, agencies, and distributors were notified June 21 by vest manufacturer Second Chance Body Armor that vests containing any of the material Zylon may break down, leaving them unprotected if shot or stabbed, said Mary Ann Sabo, spokesperson for Second Chance Body Armor of Central Lake, Mich.
‘When you have body armor with the potential of failing, you have serious concerns,? said Capt. Chris Swanson of the Genesee County Sheriff Department.
An estimated 90 percent of Genesee County Sheriff officers have vests containing Zylon. The department pays to replace vests every four years.
Vest failure is currently one of officers? top concerns.
‘It’s affecting the way we view ourselves surviving a shooting,? Swanson said.
Second Chance, now in Chapter 11 bankruptcy, issued a recall and discontinued the sale of 100-percent Zylon vests in 2003, bolstering their Ultima and Ultimax models with Performance Pacs.
Rick Eisenshtadt, owner of Welch Uniforms in Goodrich commended the company, which was not alone in manufacturing Zylon vests.
‘Second Chance is the only one that stepped up,? he said. ‘It’s really a sad scenario.?
Following the 2003 vest recall, Second Chance continued manufacturing vests made partially of Zylon.
‘At the time we recalled the 100-percent Zylon vests, our best research said Zylon as a composite was still safe,? Sabo said.
Company attorneys commissioned research on the lightweight material manufactured by Toyobo Co. Ltd., based in Osaka, Japan. Toyobo purchased the rights to the Zylon in the 1990s, after its creation by The Dow Chemical Company, headquartered in Midland, Mich.
Second Chance kept the National Institute of Justice (NIJ) apprised of the results of post-recall research, conducted by a polymer chemist who originally helped invent Zylon, Sabo said.
Police agencies–like Michigan State Police–stayed informed about Zylon research through the NIJ, said Shanon Akans, MSP spokesperson.
Akans says Second Chance didn’t notify MSP about the latest findings before they saw the Associated Press story, which broke June 22. There are 938 MSP officers with Tri-Flex vests, made with a Zylon composite.
‘The announcement last week, what a surprise to us,? Akans said. ‘We probably would have appreciated hearing it ourselves and not at the time the AP began running the story.?
Media notification ensured word got out to officers, said Sabo, stressing the media release was issued the day after agencies were notified.
Second Chance officials suspect Toyobo knew the material could break down sooner than was publicly acknowledged, and filed suit against the company in 2004.
‘That’s part of our lawsuit against Toyobo. We think it’s much earlier than what they came out and said,? Sabo said. ‘We don’t feel Zylon is a Second Chance problem, we feel it is an industry problem.?
With the company in bankruptcy, last week’s notice was a recommendation, not a recall, said Sabo.
‘The company does not have the funds to take the vests back and replace them.?
MSP and the Genesee County Sheriff Department are meeting with Second Chance representatives to evaluate and replace vests.
Police agencies or officers will foot the bill, at least temporarily.
‘We realize this puts a burden on officers and departments,? said Sabo, outlining a two-step plan to help offset the cost.
The company plans to work with the bankruptcy court to aid police agencies in recouping vest replacement costs.
‘This will basically allow a police department to stand in line to get a portion of the proceeds (from the Toyobo lawsuit),? Sabo said.
Second Chance officials are also seeking financial help for police departments through the Bulletproof Vest Partnership, a division of the U.S. Department of Justice Office of Justice program that can grant up to 50 percent reimbursement for the cost of ballistic vests.
Funds aren’t guaranteed.
‘We can’t require the federal government to do anything,? Sabo said, ‘but we see this as a good use of funds.?
Second Chance is hoping legislators will influence funding for police agencies. Congressman Bart Stupak of Michigan, D-Menominee, as well as senators from Alabama, where Second Chance has a manufacturing plant, have stepped up, says Sabo.
Police agencies sometimes have no option other than dealing with potential equipment failure, said Swanson, citing previous Ford Crown Victoria recalls.
Training is more effective in reducing shootings and stabbings, Swanson says.
‘We are in a lot of situations where we could have been, should have been shot. The officer is the best defense against (being shot).?
No Tri-Flex vests have failed in the field, points out Sabo, who says the Zylon-component vests have been responsible for 40 saves, including a 2004 incident involving a Michigan officer. Sabo could not comment on how old the vests were.
Minnesota and Arizona are two of several states that have filed lawsuits against Second Chance. In 2004, the Minnesota Attorney General’s office alleged Second Chance knew of potential Zylon failure in 2002, keeping it quiet until one officer died and another was seriously injured in 2003. Sabo declined comment.
‘We have not filed any lawsuit against the company.? said Lisa Kost, spokesperson for the office of Michigan Attorney General Mike Cox on Wednesday. ‘It’s in bankruptcy.?
Second Chance officials emphasize the importance of replacing vests immediately, but stress officers should continue wearing Zylon vests until their replacement. Vest questions: Call 800-828-VEST.