I'm not going to teach police process 101 to you. If you are that clueless, so be it. Go ask a lawyer to explain it to you or something.
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Police officer shoots unarmed man
- Thread starter Fetusaurus Rex
- Start date
I'm not going to teach police process 101 to you. If you are that clueless, so be it. Go ask a lawyer to explain it to you or something.
Probably be a second degree murder charge and a big civil lawsuit.
Fetusaurus Rex
Registered
lol ok ok....You are right, I don't get it, you are a cop and I am not, of course I don't understand all of it....It just seems simple to me I guess, in a just system it would....
For the record I have nothing against cops, I have never had an unpleasant exchange with a cop, I am an honest citizen, been pulled over for a few traffic violations, more times than not I got off with a warning...I play on a mens beer league softball team full of cops and firefighters...They are all very cool people.
I just want to know what it is I don't get then?
You don't think manslaughter?
Yeah I was actually going to post that also. Could be either one. Depends on the exact definations of each defined by California law. It may be different than NC law?
I'm not a cop. I believe dg806 is, or at least is in LE in some capacity. I work with cops however. If dg806 wants to explain it to you, that's up to him
Fetusaurus Rex
Registered
Ok I apologize, got a little fired up over nothing perhaps, I am interested in hearing what I am missing though....
Don't know. Just though MS charge was the charge when their was not an actual intent to kill, but death was the result, but I am no expert on CA law. How would they define Second Degree to that in NC?
It's pretty simple. Discharging a weapon in the line of of duty is what LEOs do. It's part of their job. You don't get to decide in the middle of a dangerous and chaotic scene "oh, I think he did that on purpose and I will now arrest him" because that's the real world vs TV. Once a gun is discharged, the LEO is put on administrative leave, an investigation is done, and a conclusion is reached, and charges are filed or they are not. That's the basic process and yes, it's different for them then it is for a civi, and it has to be.
It's also been the case where a civi shot a bad guy, cops show up, and an investigation is launched to decide if the civi broke the law, or did it in self defense. Then and only then, charges are brought or not, which = arrest, cuffs, etc, etc. So that process can apply to civi shootings also.
Depends on the circumstances.
Definately not second degree......has been recently changed. I cannot find manslaughter.....will look it up later. But there should be vouluntary and involuntary which the latter will probably apply.
Murder in the First and Second Degree (14-17)
A murder which shall be perpetrated by ... poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate and premeditated killing or which shall be committed in the perpetration or attempted perpetration of any arson, rape or sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon, shall be ... murder in the first degree ... and shall be punished by death or life imprisonment ... except that any person ... under 17 years of age at the time of the murder shall be punished with imprisonment ... for life.
All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or the preparation of opium ... cause the death of the user, shall be ... murder in the second degree and ... shall be punished as a Class C felony.
Classification: First Degree - Class A Felony (death or life imprisonment); Second Degree - Class B2 Felony (50 years, life imprisonment, fine, or both).
Murder in the First and Second Degree (14-17)
A murder which shall be perpetrated by ... poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate and premeditated killing or which shall be committed in the perpetration or attempted perpetration of any arson, rape or sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon, shall be ... murder in the first degree ... and shall be punished by death or life imprisonment ... except that any person ... under 17 years of age at the time of the murder shall be punished with imprisonment ... for life.
All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or the preparation of opium ... cause the death of the user, shall be ... murder in the second degree and ... shall be punished as a Class C felony.
Classification: First Degree - Class A Felony (death or life imprisonment); Second Degree - Class B2 Felony (50 years, life imprisonment, fine, or both).
If he does get charged, sounds like the latter to me, but all a WAG at this point I suppose. Bad mojo all around.
Fetusaurus Rex
Registered
ahh ok I understand I was wrong...
I am very surprised this is considered police procedure though, to even pull a taser that fast....With 3 cops on the scene, he pulled that thing quick!
I dunno, I can't sit here and dissect someone else's job and the way someone does it, this is more than just a normal everyday job though and this is a huge screw up
What should they do what when a person starts fighting with them in the middle of a subway tunnel, talk nice nice to you? It's not a game, and it's not TV. Evry second you let that guy struggle and refuse to be cuffed is a second someone from the crowed might bash a bottle over your head, etc. If not that, pepper spray, smack you a few times with a knight stick, bend your wrists, etc in directions that hurt like fu&^ to get you to comply, etc. Tasers are used to reduce injury to both the person and the cops, and that's exactly what they do in most cases. Much better to get tasered then hit with a knight stick I assure you. A cop who is lacking experience with the taser, is fairly new to the job, just had a kid, is dealing with a bunch of drunk people yelling at them,etc, etc; lead to tragic chain of events, but that's what it was.
Fetusaurus Rex
Registered
I guess what I should have said is that it is a shame that it has to come to this as a society, and as for protectors of civil society... and you are right, that is just what it is...
Stuff like this give you a feeling of fear of those who are meant to protect you, and question their competence and judgement...
But yea I don't think there is any turning back to days of civil respect between police and citizens...Too many kids being raised to hate cops, and it is too trendy to hate cops, and stories like this don't help at all.
again, I for one do not hate cops, I don't have a legitimate personal reason to, a lot of people have stories of instances where they had unpleasant interactions with the police, but that is just he said she said, this is a video where I see about as much as I need to, and it is shocking...That is all....One of a few instances...
2 years is not a lot of time for this type of job.
People will use any excuse to turn into complete A-holes.
It's all about looting.
if you really think about it, the only thing that makes sense is the cop really did think he was using his tazer. or the guy got him in the balls while struggling??? fucked up either way n no need to have drawn a tazer at that point.
i think the crime was unlawful use of force leading to accidental death. now what would that be?
i think the crime was unlawful use of force leading to accidental death. now what would that be?
It wasn't too much force. He was resisting arrest. If he had not done that and complied with what they were asking and just let them cuff him, then there would have been no need to wrestle with him while trying to cuff him and the cop would not had any reason to tase him. He would still be alive if he had complied. This is the problem with all these cases. They think they can resist and fight with no consequences. It's not gonna happen.
I thought they were just pissed off about the Jason Giambi signing.
Chubby
Elite Member
Both police officers and citizens can learn some lessons from this incident. I used to watch 'Cops' on the TV. I never understood why people resist when cops try to arrest them. People continue to resist arrest against three or four police officers. If you break the law, then should be arrested. If you didn't break the law, they will let you go after questioning. So why not make the whole process easier for both yourself and the officers.
Lesson for the citizens:
Don't resist arrest and let officers do their Job.
Lesson for the officers:
Be aware of your weapons.
Lesson for the citizens:
Don't resist arrest and let officers do their Job.
Lesson for the officers:
Be aware of your weapons.
Why must they go that route, I see and read about this all the time.
One guy here in NYC got caught jumping the turnstile, instead of surrendering peacefully he shot and killed an officer.....all because he didn't want to get deported.
He got his wish, he can stay in America now.
i just thought since there were 3 against 1 they could have cuffed him without tasing him. if it wasn't too much force to tase him i think all he's guilty of is a mistake that will probably be devastating to him the rest of his life. i feel sorry for him.
The thing is is that the cop pulled his weapon with his finger on the trigger.....I believe no cop should be in a situation where they could easily mistake a gun for a tazer.
There are valuable lessons to be learned here, I feel just as sorry for the cop and his family as I do for the deceased and his family... My friend was hit by a bus and the driver tried to commit suicide after he lost his job..... Imagine you were to make a fatal mistake one day while doing your job, right? I mean any of us could easily cause an accident to happen that takes a life how would you feel if everyone started telling you you're a piece of shit and that you did it on purpose you might start to believe them.....
You can tell I have really mixed emotions on this whole thing....
Being a country boy I have some experience with guns but still have some questions........what I want to know is how similar are a taser and an issued firearm? How do you pull a gun, release the safety and fire without thinking "oh this is a real gun"? Maybe the safety wasn't on but this is still bad procedure. Also, Why would you fire a tazer while your colleagues are in obvious close contact with the individual you intended to electrocute? I'm just not clear on all this.
Dude, how old are you? Because there was no reason to. He will be cuffed if he's charged and found guilty after an investigation takes place. You know, due process and all that.
DUDE, stop trying, just top trying, he is a 20 year old wiht little man synddrome who thinks he know it all...probably a late bloomer because I acted just like him when i was 17, at 20 i was almost at my bachelors degree and almost starting my career...He doesnt get it, the pot poluted his mind....YET listen to this, he was tupid enough to give out his location and that he was going to vandalise city property by placing a baching sing on a city owned STOP sign, thus defacing city property and commiting a class B...he also stated the name of the cop who pulled him over and gave him a ticket (((haha, surprise surprise, its the cops fault not his own)), another imature thing that he will have problems wiht later on in life...hahha, he is a internet thug, but reality just a scared little child...im just waiting to see if he makes any more comments on defacing city property so i can get a hold of that officer....
Fetusaurus Rex
Registered
wow....who are you even talking about in this?
because his response was to me, and I know you are not talking about me because not a single thing you said describes me....Im 26 years old from Iowa and I said nothing about defacing a stop sign? and wouldnt classify myself as a thug by any means, unless you are classifying me based on the kind of music I listen to....?...You either totally fucked up on quoting and this isn't about me at all, or you don't know who I am but think you do, or posted this is the wrong thread...? Im completely lost.
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I think he thinks you are soxmuscle, it's obvious that Questionboy is a cop with no keen eye for details so he will always be a beat cop and never make it to detective.....
