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NFT: Police Officer Shoots Unarmed Man: Worst One Yet, IMO

Mike in Long Beach : 9/1/2015 11:15 pm
When starting a thread, I almost never open up with an opinion because I don't like having any impact on how the discussion plays out... but if this video is as it appears to be, it's cold blooded attempted murder.

Maybe something threatening was said. I'm open. I want more details. But this video looks like bad, bad news.
Fast forward to 1 minute mark. - ( New Window )
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Painful to listen to yet some fucks...  
Britt in VA : 9/3/2015 11:26 am : link
would paint that fucking clown as the "victim".
Here's a blurb from right after the incident happened:  
FatMan in Charlotte : 9/3/2015 11:28 am : link
Quote:
Ex-college football player Jonathan Ferrell was shot dead by Officer Randall Kerrick on September 14 after he crashed his car in Charlotte, North Carolina and was searching for help.

'This confirms everything we've been saying since the day that Jonathan was killed: That this was an All-American guy who gave a friend a ride home and was just trying to get home himself when he had a car accident. And when he was runs to the officer for help, the officer shoots him 10 times,' Chestnut told The Associated Press.


This was the narrative the public was given for almost a year. The victim was often referred to as a former college football player and an "All-American" guy.


So sick of this bullshit.  
Britt in VA : 9/3/2015 11:29 am : link
Need to stop reading this shit and paying attention to it in the media.

We're screwed as a society if we give another inch to any of this horseshit.
Just wait until you, your wife, your kids, or any other loved one...  
Britt in VA : 9/3/2015 11:33 am : link
is subjected to that.

Then we'll see how sympathetic you are to their plight.
Trying to find information about the drinking and being high..  
FatMan in Charlotte : 9/3/2015 11:34 am : link
There was a disagreement about the toxicology findings. The Media reported that the toxicology report showed no traces of alcohol or drug use, but it was later determined that this information came from the family's attorney and not the actual report.

In court, Ferrell's girlfriend testified that he had been smoking pot that afternoon and went to a friend's house. The friend then testified that they hung out that night having "a few beers".

Here's one way the Media influences things..  
FatMan in Charlotte : 9/3/2015 11:39 am : link
because of the initial reports, articles like this jump to the conclusion a bunch of officers just happened upon a black man to kill him.

The narrative is that a man politely knocks on a door at 3AM and the police are called simply because he was black. This was the narrative we all were given until the court case. Why didn't anyone report on the 911 call prior? It sure would've painted a different picture.

Quote:
When Jonathan Ferrell knocked on a stranger's door after a car crash in Charlotte, N.C., he was probably disoriented and looking for help. The stranger's frantic 911 call after she saw a black man at her door brought the police, including Randall Kerrick. What happened next is now being argued in a Charlotte courtroom. But as the white former police officer goes on trial for voluntary manslaughter in the shooting death of the unarmed 24-year-old, a city's image will be on trial as well.

Man "knocked on door" - ( New Window )
I'd like to ask anyone a very basic question.  
Britt in VA : 9/3/2015 11:44 am : link
Listen to that 911 call that Fatman just posted.

Now, you're away on business. That's your wife on the phone. Your kid/s are upstairs in the house.

How much sympathy do you have for that guy, now?

And that goes all the way back to my original point on this thread.
And another excerpt from that last article linked...  
FatMan in Charlotte : 9/3/2015 11:48 am : link
Quote:
Jonathan Ferrell worked two jobs, planned to return to college and marry the fiancée he followed to our city. He must have thought he was in that new Charlotte, the one we brag about, where a black man looking for help at a stranger's door would get the benefit of the doubt. As much as I value the new openness brought on by Ferrell's death, I only wish he had knocked on my door.


I wonder how that woman would have reacted if he actually came "knocking" on the door like he did.

This is part of the issue with drawing conclusions without the facts. Without knowing the contents of the 911 call - it is easy to assume a man was simply asking for help and white fear is what drove the police to be called and white fear is what drove the officer to kill him.

Knowing the facts, that becomes a false narrative.
BTW..  
FatMan in Charlotte : 9/3/2015 1:05 pm : link
this shows the divide between not only what outsiders hear, but even what local people hear and the truth.

Most of these facts didn't come out until a trial despite there being a 911 call that the Media could have obtained as well as the dashcam footage.
RE: Just wait until you, your wife, your kids, or any other loved one...  
Sonic Youth : 9/3/2015 1:21 pm : link
In comment 12450855 Britt in VA said:
Quote:
is subjected to that.

Then we'll see how sympathetic you are to their plight.

Wait a second. I'm supposed to feel unsympathetic to the dead guy, who died younger than me, who wasn't committing a crime (that I've read of), because of this 911 call?

So this woman is scared, so this "clown" needed to die.

I just read the transcript. The woman said he kicked down the door. So logically, I guess this guy deserves no sympathy and should have been shot.

also not sure what the cop excerpt is supposed to prove. You posted a cops testimony that the guy said SHOOT ME that's uncorroborated. That testimony is supposed to prove what? It's the cop's testimony. Why am I to automatically believe that?

Britt, what the fuck is the heinous action that you can PROVE that made this guy a "clown" who deserved to die?

I'm not even passing judgement on this. All I said was that FMiC's post seeemed to have a hell of a lot more bias in it than the articles I read online.

But somehow it turns into another discussion of "hey, this is why this unarmed black guy deserved to get shot by the police".

I can't even compute how that 911 call is supposed to make me feel like it's okay that this guy got shot and killed.
RE: RE: The 911 transcript..  
Sonic Youth : 9/3/2015 1:24 pm : link
In comment 12450828 Britt in VA said:
Quote:
In comment 12450814 FatMan in Charlotte said:


Quote:


where the woman claims he is trying to kick down her door 911 Call - ( New Window )



Yeah, sounds like he's just looking for help. Home alarm going off, dude is screaming in the background, repeatedly kicking the door.

Poor woman with her kids in the house crying on the phone.

Give me a FUCKING break.

Wait, so he wasn't looking for help? So what was he doing? Trying to rob the fucking house?

Hey, I just crashed my car, let me go and try and break into a house just for the fuck of it.

Obviously the woman is scared and crying, but that has absolutely NO bearing on whether or not this guy deserved to die. It can appeal to your emotion all you want but whether or not this woman is crying is totally irrelevant.

She has every right to be scared shitless. She did the right thing for herself by calling the police. Still doesn't mean jack shit regarding whether he should have died.

Out of curiosity, I wonder if any reports have indicated how many police were on the scene.
RE: I'd like to ask anyone a very basic question.  
Sonic Youth : 9/3/2015 1:27 pm : link
In comment 12450890 Britt in VA said:
Quote:
Listen to that 911 call that Fatman just posted.

Now, you're away on business. That's your wife on the phone. Your kid/s are upstairs in the house.

How much sympathy do you have for that guy, now?

And that goes all the way back to my original point on this thread.

Please connect what this woman's 911 call has to do with sympathy for the guy who was shot dead by the police after a car accident, while unarmed and not doing anything illegal.

This woman's 911 call somehow makes you lack sympathy for the dead man? What the fuck? It's like your fishing and looking for reasons to convince yourself that it's okay that this dude was killed.
Christ.  
Britt in VA : 9/3/2015 1:28 pm : link
.
RE: Trying to find information about the drinking and being high..  
Sonic Youth : 9/3/2015 1:30 pm : link
In comment 12450857 FatMan in Charlotte said:
Quote:

In court, Ferrell's girlfriend testified that he had been smoking pot that afternoon and went to a friend's house. The friend then testified that they hung out that night having "a few beers".

So smoking weed and drinking "a few beers" somehow turned into the implication that he was driving around drunk or inebriated when he crashed his car...

Also, smoking pot in the afternoon has exactly a 0% affect on you 12 hours later, so it's completely irrelevant

I'm not even sure what I'm trying to defend here. I don't even know what position I'm trying to argue.

As I think it through, the only two things I'm contending here is:

1) FMiC's post had a fair bit of slant to it, so I don't think the fact that the media didn't report it the way he posted about it is fair criticism.

2) There is nothing that proves this guy deserves to die... ESPECIALLY that fucking 911 call.
3 policemen were on the scene..  
FatMan in Charlotte : 9/3/2015 1:30 pm : link
in two patrol cars.

I think the 911 call isn't to be used as evidence that somebody deserves to die - it is evidence that the police are most likely not looking for a car crash victim, but rather a possible break-in suspect at 3AM.

The car accident was never called in or reported.

The difference in those two scenarios means that the police are going to be looking at a suspect differently.

Hey, my position is that killing a guy with 10 shots is overkill and that training among all police in this country needs to get better from a scene recognition standpoint, but what this case also highlighted is how the Media's initial reporting of stories affects how people perceive this situation.

Frankly, if I've just had 911 called on me at 3AM and I charge an officer, I'd expect one possible outcome to be serious injury or death. I think the jury saw it that way as well.
RE: Christ.  
Sonic Youth : 9/3/2015 1:32 pm : link
In comment 12451174 Britt in VA said:
Quote:
.

Be as incredulous as you fucking like.

I'm not the one trying to turn a dead guy into a villain based on a 911 call.

"Did you hear how scared that lady is? How could you have sympathy for someone who caused a woman to be so scared!!!"

That's pretty much what you just said. No crime, no weapon, but he scared the woman, so why have sympathy for the dead guy?

What an unbelievable reaction. How can you not be aware that you are looking for reasons to believe this guy should have died?

It's not about DESERVING to die...  
Britt in VA : 9/3/2015 1:32 pm : link
it about having sympathy or not over it.

I am not sympathetic to this particular "victim's" plight because of the way he conducted himself.
OUTRAGE!  
Britt in VA : 9/3/2015 1:34 pm : link
I'M OUTRAGED!

What are you going to do about beyond bitch on a message board and perpetuate a culture that at best gets an innocent cop not served at a restaurant, and at worse gets innocent cops executed.

Nothing.
Well to be fair..  
FatMan in Charlotte : 9/3/2015 1:35 pm : link
there are reasons this guy died other than a white cop wanted him dead.

He died because he:

1) Had actions that resulted in 911 involving the police
2) Failed to comply when the police arrived
3) Charged at an officer leading to the deadly shooting

There are a number of ways this could have been avoided, including the officer not using deadly force. Ultimately, a jury had a majority belief that he should have been acquitted.
the sad  
pjcas18 : 9/3/2015 1:36 pm : link
thing is people have a position they want to be the truth because it fits their beliefs, and then you can beat them over the head with evidence and instead of viewing that as evidence they instead question it or try and poke holes in it and generally distrust facts because they don't support them.

after reading this board on almost any social issue it's obviously a microcosm of society.
RE: 3 policemen were on the scene..  
Sonic Youth : 9/3/2015 1:37 pm : link
In comment 12451186 FatMan in Charlotte said:
Quote:
in two patrol cars.

I think the 911 call isn't to be used as evidence that somebody deserves to die - it is evidence that the police are most likely not looking for a car crash victim, but rather a possible break-in suspect at 3AM.

The car accident was never called in or reported.

The difference in those two scenarios means that the police are going to be looking at a suspect differently.

Hey, my position is that killing a guy with 10 shots is overkill and that training among all police in this country needs to get better from a scene recognition standpoint, but what this case also highlighted is how the Media's initial reporting of stories affects how people perceive this situation.

Frankly, if I've just had 911 called on me at 3AM and I charge an officer, I'd expect one possible outcome to be serious injury or death. I think the jury saw it that way as well.

Yeah, that's a fair point, and definitely is something that makes me reconsider a post I made earlier in this thread (the one about how the initial reaction of the police was indicative of a larger problem... they were looking for a possible burglar, so it makes sense they'd come out aggressively).

Having said that, if there's 3 trained cops with guns, and 1 guy, unarmed, who has already been tased, why was shooting him 10 times the next logical course of action?

One thing I am also curious about is how serious his injuries from the car crash were. On one hand, I think that's a huge variable in understanding how the situation went down. On the other hand, it's probably somewhat irrelevant as I don't think this guy should have been shot to begin with. That doesn't mean the cops need to be convicted of a crime... it just means that this guy didn't need to be shot. I don't see where there's any proof that he posed a mortal threat to the police,.
He actually crashed the car..  
FatMan in Charlotte : 9/3/2015 1:40 pm : link
on a road about a mile from where he ended up. He walked through a small woods to get to a subdivision.

Physically, he seemed fine, but one has to wonder if disorientation or mentally there was an effect.

I don't know if that ever came out.
This point was addressed at trial..  
FatMan in Charlotte : 9/3/2015 1:43 pm : link
Quote:
Having said that, if there's 3 trained cops with guns, and 1 guy, unarmed, who has already been tased, why was shooting him 10 times the next logical course of action?


They are trained that if a taser has no apparent effect on stopping a person, deadly force can be used if there is an immediate threat.

Again - that's why I say training needs to be reviewed. I'd rather see people subdued instead of killed. Also, because of the darkness, it could not be known if he had a weapon on him. There might have been an assumption that if he was openly trying to break into a house, he probably was armed - that point was made at trial.
RE: Well to be fair..  
Sonic Youth : 9/3/2015 1:47 pm : link
In comment 12451209 FatMan in Charlotte said:
Quote:
there are reasons this guy died other than a white cop wanted him dead.

He died because he:

1) Had actions that resulted in 911 involving the police
2) Failed to comply when the police arrived
3) Charged at an officer leading to the deadly shooting

There are a number of ways this could have been avoided, including the officer not using deadly force. Ultimately, a jury had a majority belief that he should have been acquitted.


It's not about a white cop wanting a black guy dead. That's not how it works, it's not so cut and dry. It's about a white cop probably factoring in this guy's race into his assessment of how much of a threat he posed.

This is what the CNN article states happened on the dashcam:

Code:
While dashcam video released at the trial indeed appears to show Ferrell walking toward officers, he quickly begins running toward police as lights hit his chest.

Someone shouts, "Get on the ground!" three times, and shots are heard.


There's no command for the dead guy to stay still. If he moves away from the officers, he's trying to get away. He walks toward them, and they raise a taser.

I just watched the dashcam video. Seems the other car had the dashcam off, but some of the incident is still visible. He's walking pretty calmly towards the police, then begins to run. At that point, they take out their gun and shoot him.

That's the thing that gets me... he's moving towards the police. And the police construed this as "he's going to try to take my gun".

Code:
Officer Kerrick, who was suspended without pay, testified that he had no choice but to shoot because he thought Mr. Ferrell might try to take his gun. Officer Thornell Little, who was also at the scene, backed up that appraisal in his testimony for the defense, saying he thought that had the officers “gotten to a tussle with him, he would’ve probably, you know, tried to go for one of our guns.”


The statement.... "IF he got into a tussle with him, he MAY have tried to take one of our guns" is a pretty weak ass excuse to put 10 bullets in someone. That's two variables in one sentence that equated into an unarmed dead guy.

RE: He actually crashed the car..  
Sonic Youth : 9/3/2015 1:56 pm : link
In comment 12451236 FatMan in Charlotte said:
Quote:
on a road about a mile from where he ended up. He walked through a small woods to get to a subdivision.

Physically, he seemed fine, but one has to wonder if disorientation or mentally there was an effect.

I don't know if that ever came out.

Yeah I just watched the video and honestly he doesn't look that badly hurt.

As I rewatch the video, I wonder:

1) why do people put themselves in bad situations by making stupid decisions like running? Did something cause him to run? did he see a taser raised, think it was a gun, and try to GTFO?

2) why do these cops have to fire two separate rounds of fire?

When I watch that video, I do not see the mortal danger posted to police that caused them to have to kill this guy.

The training is definitely a good point. People have spoken about the insular, bunker mentality that are in some police stations. I wonder if training can mitigate some of that, but truth be told, I have absolutely no idea.

It's just a very glum realization to think that there isn't really a crime this guy could have even be charged with (I guess kicking a door), but somehow he ends up dead because he scared the cops.

And this goes back to what I was saying about race. It's not about white cops looking to kill black people outright. But I don't think it's beyond reason to say that this guy's size and race probably played into the threat assessment of him, which probably lead to the officers "fearing for their life" (still dubious, IMO..you may have struggled with him and during that struggle he may have taken your gun?)...which lead to him getting shot.

People who try to deduce these things, on both sides, into singular statements such as "white cops looking to kill black guys" or "don't be a criminal / don't surprise cops or you deserve to get shot" are doing the entire discussion a disservice by trying to boil down a complicated issue and oversimplifying it.

The following statement is obviously not 100% true, but is true enough that it is a big part of this problem: cops perceive black people as bigger threats than white people, and black people have zero trust that the police are actually there to help them, or won't do something to harm them.

The commands..  
FatMan in Charlotte : 9/3/2015 2:00 pm : link
to freeze were given prior to the taser being fired. From the time the taser was fired until the 10 shots were fired was less than 5 seconds
I actually think..  
FatMan in Charlotte : 9/3/2015 2:04 pm : link
all three officers were different races. A black officer pulled the taser. The white officer pulled the gun, and a Hispanic officer also pulled a gun but didn't fire. But the victim ran at the officer who did fire.

The jury also considered the fact that even though the deceased was shot ten times, he still made it to the officer enough to tackle him in a ditch and ended up dead on top of him. The officer did have a fat lip and abrasions to his head
RE: I actually think..  
Sonic Youth : 9/3/2015 2:16 pm : link
In comment 12451299 FatMan in Charlotte said:
Quote:
all three officers were different races. A black officer pulled the taser. The white officer pulled the gun, and a Hispanic officer also pulled a gun but didn't fire. But the victim ran at the officer who did fire.

The jury also considered the fact that even though the deceased was shot ten times, he still made it to the officer enough to tackle him in a ditch and ended up dead on top of him. The officer did have a fat lip and abrasions to his head

Regarding your first paragraph, that's exactly my point. I have always maintained that this isn't an issue solely about white cops and black citizens. It's about police interactions with society in general, particularly minorities, and particularly black people.

In terms of your second paragraph, well yeah, I'm not surprised that after being shot 10 times the guy may have tried to fight back and end up dead on the cop. I don't feel the dashcam video shows any indication that this guy was trying to fight three cops and take their guns and murder them, and I don't think any of his behavior up to that point indicates that this dude was going to try and fight and murder 3 cops.

And yeah, lastly, that 911 call does absolutely NOTHING to remove the sympathy I have for this dead guy who shouldn't be dead... and if the 911 call somehow makes someone think it's okay that this guy died.... then the people who feel that way are just looking for an excuse to justify this shooting.
I haven't seen the video  
halfback20 : 9/3/2015 2:16 pm : link
you all are talking about, but I noticed Sonic said there was nothing he could have even been arrested for...(I'm late here...so maybe I took that wrong)

Did I read that he charged at police and one ended up with a fat lip...? Isn't that something he could have been arrested for?
I think Sonic..  
FatMan in Charlotte : 9/3/2015 2:22 pm : link
meant before the confrontation. The fat lip and the charging happened in the last fatal exchange
Was he intoxicated?  
halfback20 : 9/3/2015 2:30 pm : link
He had apparently been drinking, and crashed his car, then went banging/kicking on a woman's door at 3 Am even though the alarm was going off inside?

There are several things I could think of that he COULD have been arrested for, prior to even attacking the police. Some of those would depend on whether or not he was intoxicated.

Sonic  
MOOPS : 9/3/2015 3:21 pm : link
The deceased put himself in a no win situation when he charged at the police officer, who was at the scene of a burglary in progress.
In my opinion, for some unknown reason and rash decision by the deceased,it became a case of 'suicide by cop'.
Police should be held to a higher standard. I think we can agree on that. But police officers should be granted greater leeway based on their responsibilities and duties, which the average citizen is not entrusted with. And that especially holds true in split second decisions.
At that exact point in time, the second or two that the officer had to react to the would-be defendant, what exactly should the officer had done? Remember, retreating is not an option. What would you have done in that second?
Is it reasonable to believe that you were about to be assaulted? Is it reasonable to believe that the person charging at you has regard for his own safety or life? Is it reasonable to believe that had he overpowered you he would have taken your gun and likely used it against you?
A super majority of the jury seemed to think so.
So what decision would you have made in that split second?
Is there a right answer? Probably not.
Was the officer justified in his actions? A jury decided yes.
NO regard  
MOOPS : 9/3/2015 3:22 pm : link
.
RE: I haven't seen the video  
Sonic Youth : 9/4/2015 2:30 pm : link
In comment 12451332 halfback20 said:
Quote:
you all are talking about, but I noticed Sonic said there was nothing he could have even been arrested for...(I'm late here...so maybe I took that wrong)

Did I read that he charged at police and one ended up with a fat lip...? Isn't that something he could have been arrested for?

Apparently this was after he was shot. The video is pretty easy to find, check it out.
RE: Was he intoxicated?  
Sonic Youth : 9/4/2015 2:32 pm : link
In comment 12451370 halfback20 said:
Quote:
He had apparently been drinking, and crashed his car, then went banging/kicking on a woman's door at 3 Am even though the alarm was going off inside?

There are several things I could think of that he COULD have been arrested for, prior to even attacking the police. Some of those would depend on whether or not he was intoxicated.

I haven't found any reference to his BAL or anything like that online. Either way, even if there was something he could have been arrested for, he shouldn't have been shot dead.

Watching the video, I think it's pretty clear that there were other outcomes that could have been achieved. Even through the disagreement FMiC and I are having (btw, thank you for being civil even as we disagree), we both feel that there were probably other avenues that this incident could have and should have gone in that wouldn't leave this guy dead.
RE: Sonic  
Sonic Youth : 9/4/2015 2:37 pm : link
In comment 12451472 MOOPS said:
Quote:
The deceased put himself in a no win situation when he charged at the police officer, who was at the scene of a burglary in progress.
In my opinion, for some unknown reason and rash decision by the deceased,it became a case of 'suicide by cop'.
Police should be held to a higher standard. I think we can agree on that. But police officers should be granted greater leeway based on their responsibilities and duties, which the average citizen is not entrusted with. And that especially holds true in split second decisions.
At that exact point in time, the second or two that the officer had to react to the would-be defendant, what exactly should the officer had done? Remember, retreating is not an option. What would you have done in that second?
Is it reasonable to believe that you were about to be assaulted? Is it reasonable to believe that the person charging at you has regard for his own safety or life? Is it reasonable to believe that had he overpowered you he would have taken your gun and likely used it against you?
A super majority of the jury seemed to think so.
So what decision would you have made in that split second?
Is there a right answer? Probably not.
Was the officer justified in his actions? A jury decided yes.

Actually, the jury wasn't unanimous, and instead of opting for a retrial, the prosecution decided to stop pursuing the case due to the difficulty of finding a jury that would actually be unanimous.

Why don't you watch the video and tell me that this unarmed guy posted a mortal threat to the police?

This isn't going to go anywhere because you're spitting out the same tired platitudes that people always do in these situations.

I'm not a trained officer, so it doesn't matter what I'd do in that situation. But you're going to tell me that there's no better training that could be given to the police so that this situation didn't unravel as it did?

Like I said, this is all based on mistrust. Officers of ALL races look at black people differently, and black people look at cops VERY differently than a white person does. There are reasons for this on both sides. Black people commit most crime than other races, and black people are also at the receiving end of police misconduct and systemic inequity than white people, so I think there's validity on both ends.

Having said that, nobody deserves to be sized up and treated like a threat based on how they looked. The question becomes "How do we find a way to mitigate and fight the mistrust and inequity?".

Remember, the rationale for shooting this guy dead was that they MIGHT get in a tussle, and if they did, he MIGHT try and take a cops gun.

Honest question: if someone punches a cop, do you think they deserve to be shot dead on the spot? I don't, personally. I think they should be arrested and have the book thrown at them for assaulting a police officer, but I do not think they should be shot dead. That's what we have a legal system for.
RE: RE: Sonic  
njm : 9/4/2015 3:03 pm : link
In comment 12454000 Sonic Youth said:
Quote:
Honest question: if someone punches a cop, do you think they deserve to be shot dead on the spot? I don't, personally. I think they should be arrested and have the book thrown at them for assaulting a police officer, but I do not think they should be shot dead. That's what we have a legal system for.


If the perp immediately starts running away, no. If he is throwing another punch or looks like he will the answer's yes. There's a possibility he will be knocked silly and the perp will get his gun.

The legal system doesn't do jack shit for a cop who's shot dead with his own gun.
RE: RE: RE: Sonic  
Mike in Long Beach : 9/4/2015 3:14 pm : link
In comment 12454074 njm said:
Quote:
In comment 12454000 Sonic Youth said:


Quote:


Honest question: if someone punches a cop, do you think they deserve to be shot dead on the spot? I don't, personally. I think they should be arrested and have the book thrown at them for assaulting a police officer, but I do not think they should be shot dead. That's what we have a legal system for.



If the perp immediately starts running away, no. If he is throwing another punch or looks like he will the answer's yes. There's a possibility he will be knocked silly and the perp will get his gun.

The legal system doesn't do jack shit for a cop who's shot dead with his own gun.


Not saying I disagree with you, but to play devil's advocate.

If someone punches another civilian, does that civilian have the right to pull out a gun and shoot his attacker? And yes, this is under the assumption said civilian owns the gun legally.
RE: RE: RE: Sonic  
Sonic Youth : 9/4/2015 3:16 pm : link
In comment 12454074 njm said:
Quote:
In comment 12454000 Sonic Youth said:


Quote:


Honest question: if someone punches a cop, do you think they deserve to be shot dead on the spot? I don't, personally. I think they should be arrested and have the book thrown at them for assaulting a police officer, but I do not think they should be shot dead. That's what we have a legal system for.



If the perp immediately starts running away, no. If he is throwing another punch or looks like he will the answer's yes. There's a possibility he will be knocked silly and the perp will get his gun.

The legal system doesn't do jack shit for a cop who's shot dead with his own gun.

Ok, I can buy that. That makes sense. I don't think that applies in this case, though.

Either way, I don't want to start arguing over minute dissections of this one incident. It's not a gigantic stretch of the imagination to say that there are outcomes where this guy didn't have to be killed. I'm hoping we can all agree on that.

RE: RE: RE: RE: Sonic  
njm : 9/4/2015 3:21 pm : link
In comment 12454093 Mike in Long Beach said:
Quote:
In comment 12454074 njm said:


Quote:


In comment 12454000 Sonic Youth said:


Quote:


Honest question: if someone punches a cop, do you think they deserve to be shot dead on the spot? I don't, personally. I think they should be arrested and have the book thrown at them for assaulting a police officer, but I do not think they should be shot dead. That's what we have a legal system for.



If the perp immediately starts running away, no. If he is throwing another punch or looks like he will the answer's yes. There's a possibility he will be knocked silly and the perp will get his gun.

The legal system doesn't do jack shit for a cop who's shot dead with his own gun.



Not saying I disagree with you, but to play devil's advocate.

If someone punches another civilian, does that civilian have the right to pull out a gun and shoot his attacker? And yes, this is under the assumption said civilian owns the gun legally.


I'll let any criminal law attorney's who post here answer definitively, but I believe a civilian is allowed to use deadly force if he/she reasonably believes they are in danger of being killed or seriously injured. And I don't think that changes if the gun is illegal, though they would likely face criminal prosecution for possessing an illegal weapon.
RE: RE: RE: RE: RE: Sonic  
Dunedin81 : 9/4/2015 3:52 pm : link
In comment 12454116 njm said:
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In comment 12454093 Mike in Long Beach said:


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In comment 12454074 njm said:


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In comment 12454000 Sonic Youth said:


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Honest question: if someone punches a cop, do you think they deserve to be shot dead on the spot? I don't, personally. I think they should be arrested and have the book thrown at them for assaulting a police officer, but I do not think they should be shot dead. That's what we have a legal system for.



If the perp immediately starts running away, no. If he is throwing another punch or looks like he will the answer's yes. There's a possibility he will be knocked silly and the perp will get his gun.

The legal system doesn't do jack shit for a cop who's shot dead with his own gun.



Not saying I disagree with you, but to play devil's advocate.

If someone punches another civilian, does that civilian have the right to pull out a gun and shoot his attacker? And yes, this is under the assumption said civilian owns the gun legally.



I'll let any criminal law attorney's who post here answer definitively, but I believe a civilian is allowed to use deadly force if he/she reasonably believes they are in danger of being killed or seriously injured. And I don't think that changes if the gun is illegal, though they would likely face criminal prosecution for possessing an illegal weapon.


It varies by state, there are different standards and it is not terribly useful to try to glean common threads when they don't exist.

What I think is extremely underestimated in all this is how often law enforcement is in situations where they could easily pull the trigger and not be seriously questioned on the decision and they don't. And it has been my experience that the cases that they are most animated about aren't the cases where they had to physically subdue someone, or where they were punched or kicked or otherwise assaulted, but the cases where they came very close to pulling the trigger because of something the individual was doing or failing to do.
RE: RE: Sonic  
MOOPS : 9/4/2015 4:29 pm : link
In comment 12454000 Sonic Youth said:
Quote:
In comment 12451472 MOOPS said:


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The deceased put himself in a no win situation when he charged at the police officer, who was at the scene of a burglary in progress.
In my opinion, for some unknown reason and rash decision by the deceased,it became a case of 'suicide by cop'.
Police should be held to a higher standard. I think we can agree on that. But police officers should be granted greater leeway based on their responsibilities and duties, which the average citizen is not entrusted with. And that especially holds true in split second decisions.
At that exact point in time, the second or two that the officer had to react to the would-be defendant, what exactly should the officer had done? Remember, retreating is not an option. What would you have done in that second?
Is it reasonable to believe that you were about to be assaulted? Is it reasonable to believe that the person charging at you has regard for his own safety or life? Is it reasonable to believe that had he overpowered you he would have taken your gun and likely used it against you?
A super majority of the jury seemed to think so.
So what decision would you have made in that split second?
Is there a right answer? Probably not.
Was the officer justified in his actions? A jury decided yes.


Actually, the jury wasn't unanimous, and instead of opting for a retrial, the prosecution decided to stop pursuing the case due to the difficulty of finding a jury that would actually be unanimous.

Why don't you watch the video and tell me that this unarmed guy posted a mortal threat to the police?

This isn't going to go anywhere because you're spitting out the same tired platitudes that people always do in these situations.

I'm not a trained officer, so it doesn't matter what I'd do in that situation. But you're going to tell me that there's no better training that could be given to the police so that this situation didn't unravel as it did?

Like I said, this is all based on mistrust. Officers of ALL races look at black people differently, and black people look at cops VERY differently than a white person does. There are reasons for this on both sides. Black people commit most crime than other races, and black people are also at the receiving end of police misconduct and systemic inequity than white people, so I think there's validity on both ends.

Having said that, nobody deserves to be sized up and treated like a threat based on how they looked. The question becomes "How do we find a way to mitigate and fight the mistrust and inequity?".

Remember, the rationale for shooting this guy dead was that they MIGHT get in a tussle, and if they did, he MIGHT try and take a cops gun.

Honest question: if someone punches a cop, do you think they deserve to be shot dead on the spot? I don't, personally. I think they should be arrested and have the book thrown at them for assaulting a police officer, but I do not think they should be shot dead. That's what we have a legal system for.



First, I never said unanimous, you did. I said super-majority, which it was.
Second, I watched the video. I don't think it would be difficult at all to articulate why the officer used deadly physical force in that situation.
And once again the jury, in a SUPER-MAJORITY vote, decided that the officer was justified in using DPF.
Third, I really think you are mistaking tired platitudes for common sense and reasonableness, because you have no clue whatsoever as to how the officer should have reacted and you have no desire to respond as to how you would have reacted to that immediate threat.
Next, how do you mitigate a fight when possible a burglary suspect charges at you and tackles you? Whether the deceased was black or white, do you really think the outcome would have been different in this case?
Finally, police practices and use of force are based on laws in place, reasonableness and common sense.
The jury decided, in a SUPER-MAJORITY fashion, that the officer was justified in his actions.
The jury was 8-4 which..  
FatMan in Charlotte : 9/4/2015 4:32 pm : link
is a 2/3rd majority. Let's not exaggerate what it was.
He didn't run until a taser was pointed at him  
Sonic Youth : 9/4/2015 4:45 pm : link
Sorry, we aren't going to agree on this. If you watch that video and think that guy deserved to die, that's your opinion I don't agree with that and won't agree with that, and that's okay. You don't have to convince me, and I don't have to convince you, and I don't think we'll really have a discussion that will move the needle on either side, so it's probably pointless.

And if you said super majority, I missed that. My point was moreso that, from my understanding, it wasn't so much an exoneration as it was that a jury couldn't reach a decision either way, and prosecutors chose not to retry the case. I may have been mistake and misunderstood, as I admittedly only read a few articles over a few minutes and didn't take the time to fully understand that segment of the article. if that's the case, okay, maybe a jury exonerated him. But there's been plenty of times where I don't agree with a jury's decision, and I feel that they typically err on the side of the police, so I still disagree with it.

My interpretation of the video is the dude started running when he saw something raised at him. I'm guessing what was raised at him was a tazer. Whatever the case may be, it's a dead 24 year old kid, so I still wish it didn't happen, i still don't feel the video showed a clear cut case of why this 24 year old had to die, and even though it's not related to this conversation thread you and I are having, I DEFINITELY don't think the 911 call affects my sympathy for a dead guy my age. It's understandable that a woman is scared if a stranger is at her door and kicking/knocking, but he's just that - a STRANGER - and I'm not prepared to pass judgement on whether someone should literally stop living based on a strangers 911 call.

Sorry about that last part. I was going off on a tangent, and while the rest of this thread has been mostly people civilly sharing perspectives, that comment about the 911 call and sympathy for the dead person really, really, really irked me.
RE: The jury was 8-4 which..  
MOOPS : 9/4/2015 4:50 pm : link
In comment 12454295 FatMan in Charlotte said:
Quote:
is a 2/3rd majority. Let's not exaggerate what it was.


I'm just going by government definition that is currently being used on a daily basis.
I..  
FatMan in Charlotte : 9/4/2015 4:56 pm : link
understand, but repeating it over and over isn't really having much of a positive effect.
RE: He didn't run until a taser was pointed at him  
MOOPS : 9/4/2015 5:02 pm : link
In comment 12454327 Sonic Youth said:
Quote:
Sorry, we aren't going to agree on this. If you watch that video and think that guy deserved to die, that's your opinion I don't agree with that and won't agree with that, and that's okay. You don't have to convince me, and I don't have to convince you, and I don't think we'll really have a discussion that will move the needle on either side, so it's probably pointless.

And if you said super majority, I missed that. My point was moreso that, from my understanding, it wasn't so much an exoneration as it was that a jury couldn't reach a decision either way, and prosecutors chose not to retry the case. I may have been mistake and misunderstood, as I admittedly only read a few articles over a few minutes and didn't take the time to fully understand that segment of the article. if that's the case, okay, maybe a jury exonerated him. But there's been plenty of times where I don't agree with a jury's decision, and I feel that they typically err on the side of the police, so I still disagree with it.

My interpretation of the video is the dude started running when he saw something raised at him. I'm guessing what was raised at him was a tazer. Whatever the case may be, it's a dead 24 year old kid, so I still wish it didn't happen, i still don't feel the video showed a clear cut case of why this 24 year old had to die, and even though it's not related to this conversation thread you and I are having, I DEFINITELY don't think the 911 call affects my sympathy for a dead guy my age. It's understandable that a woman is scared if a stranger is at her door and kicking/knocking, but he's just that - a STRANGER - and I'm not prepared to pass judgement on whether someone should literally stop living based on a strangers 911 call.

Sorry about that last part. I was going off on a tangent, and while the rest of this thread has been mostly people civilly sharing perspectives, that comment about the 911 call and sympathy for the dead person really, really, really irked me.


I don't think the kid deserved to die. What I do think is the kid made a conscious decision to engage in an overt action that a reasonable person would construe as an imminent threat, and if properly articulated that threat could easily be elevated to the level of imminent threat of deadly physical force. In other words, the police officer made a split second decision that his life was in danger.
A majority of the jury agreed.
RE: RE: He actually crashed the car..  
Cam in MO : 9/4/2015 5:14 pm : link
In comment 12451274 Sonic Youth said:
Quote:
In comment 12451236 FatMan in Charlotte said:


Quote:


on a road about a mile from where he ended up. He walked through a small woods to get to a subdivision.

Physically, he seemed fine, but one has to wonder if disorientation or mentally there was an effect.

I don't know if that ever came out.


Yeah I just watched the video and honestly he doesn't look that badly hurt.

As I rewatch the video, I wonder:

1) why do people put themselves in bad situations by making stupid decisions like running? Did something cause him to run? did he see a taser raised, think it was a gun, and try to GTFO?

2) why do these cops have to fire two separate rounds of fire?

When I watch that video, I do not see the mortal danger posted to police that caused them to have to kill this guy.

The training is definitely a good point. People have spoken about the insular, bunker mentality that are in some police stations. I wonder if training can mitigate some of that, but truth be told, I have absolutely no idea.

It's just a very glum realization to think that there isn't really a crime this guy could have even be charged with (I guess kicking a door), but somehow he ends up dead because he scared the cops.

And this goes back to what I was saying about race. It's not about white cops looking to kill black people outright. But I don't think it's beyond reason to say that this guy's size and race probably played into the threat assessment of him, which probably lead to the officers "fearing for their life" (still dubious, IMO..you may have struggled with him and during that struggle he may have taken your gun?)...which lead to him getting shot.

People who try to deduce these things, on both sides, into singular statements such as "white cops looking to kill black guys" or "don't be a criminal / don't surprise cops or you deserve to get shot" are doing the entire discussion a disservice by trying to boil down a complicated issue and oversimplifying it.

The following statement is obviously not 100% true, but is true enough that it is a big part of this problem: cops perceive black people as bigger threats than white people, and black people have zero trust that the police are actually there to help them, or won't do something to harm them.


Have you ever been in an argument that lead to a fist fight?

Have you ever been in a life threatening situation?

I ask because in my experience (except when I've been drunk) the adrenaline and 'Rush' that you get when fisticuffs begin are the exact se feeling as the 'Rush' you get when you narrowly avoid a car accident.

As an outsider it's easy to say "how were they in fear of their lives- he didn't even have a gun?"

Just something to consider.
I understand your point of view  
Sonic Youth : 9/4/2015 5:15 pm : link
I just think the burden of "mortal danger" wasn't properly applied. An unarmed man running at you that was previously walking at you, to me, doesn't warrant lethal force. Look I'm not a cop, and I wouldn't be able to handle that type of split second decision. But by becoming a cop, you are accepting that someones life can be in the fate of a split second decision you make. I don't know what the answer is, maybe training... I'm not an expert. But it shouldn't be acceptable to just always take "I was afraid for my life, he might have taken my gun" as a valid excuse virtually every time.

I just don't think having two conditional phrases in the justification for ending someone's life is enough. Maybe I should have explained that previously, but that's what get's me about the explanation

He MAY have been trying to engage me, and if he did engage me, he MAY have tried to take my gun, so I shot him before he even got to me.

That really rubs me the wrong way.

I agree with you an extent. I said in one of my previous posts that I don't understand why people behave the way they do to put themselves in worse situations than the already bad circumstances they are in. But the same way that I don't know how it is to be a cop making that split second decision, I can truly say that I don't know what it feels like to be a black person being approached by a cop after you heard an alarm go off in the middle of night and then subsequently seeing them raise a weapon (taser) as you are walking towards them relatively slowly. I have no idea, man. I may have ran also. And if I was in the cops shoes, I may have shot also.

But only one of the two parties is dead.
Cam, I am fully aware of that  
Sonic Youth : 9/4/2015 5:18 pm : link
and completely appreciate that point of view. I've actually stated that I don't know how I'd react in that situation a couple times, so I do get it. I truly honestly do.

The thing is that I'm not a police officer. Like I said, I don't know if it's training or some type of selection process that can simulate who can stay cool under pressure, but I do think that law enforcement officers should be held to a higher standard of decisions under pressure.

Having said that, I also understand what Duned said regarding the actual percentage of the time that these incidents end up fatal. But I personally feel that if an unarmed person is shot dead, with ten bullets, in 2 bursts, by 3 cops, there needs to be a pretty clear and present danger.

Also, in case anyone didn't come across the same articles I did... the reason I'm repeating the "he may have charged me and if he did he may have taken the gun" repeatedly is because that was the defense posited by the officers at the scene.
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