8 comments on “BART Officer Will Get Railroaded

    • an accident??! you have got to be kidding. he accicentally shot the guy on the back while face down on the platform??? accidentally took out his gun, turned off the safety, and then accidentally pointed it at a completely helpless person and accidentally pulled the trigger and shot him in the back!!? you freaking cowards don’t even have the decency to admit when when of your own is a piece of shit. an accident??! you are a scum-bag sir.

      • Ok. That is enough. I try to just let all comments go, since I brag about “communications.” However, if we have to go to the “scum bag” (which is not supposed to be hyphenated, by the way) then I will ban you. Say what you want, but this is a respectful dialogue, not a personal attack site. Sound fair?

  1. I really like this blog. And of course this guy will be convicted. We are all held to a higher standard and when we make a mistake we don’t get to be treated like the common thug and have our cases dismissed like the rest do. He will be convicted and the public will make sure of that. They love us when someone is breaking into their house at 2am but hate us the rest of the time. This is probably why there have already been 11 offciers killed in 16 days of this year already. http://www.odmp.org. I camer across this site also and love the service they provide. http://www.incomeprotectionservice.com. However I understand that the brass doesn’t like it because they want to send us home on suspnsion without pay. CHECK IT and BE SAFE.

  2. well, let’s just reverse the situation and see what it looks like then. officer uriah undercover, for some job-related reason, stealthily enters the house of harry homeowner, believing it to be empty.

    surprise! it’s not! harry homeowner IS home, and armed, and gets the drop on officer undercover. the cop/intruder is ordered to the ground by the homeowner, who ignores the cop’s “i’m a cop” protests, because that’s pretty much what any half-smart possibly homicidal burglar/rapist would say.

    so, in the process of calling 911 to determine if the intruder is actually a cop, harry homeowner makes an entirely understandable mistake: due to being amped up on fear & adrenaline, his finger gets twitchy, and he accidentally shoots officer undercover in the back. while the cop is disarmed, laying facedown on the ground, harmless as a fly.

    would the DA be willing to prosecute the case as “negligence or something like that”? would the local cops be ok with that decision? would they understand the homeowner’s dilemma, and publicly support him in his hour of need? would a large group of them stand behind their CO, all in uniform, and say “accidents happen, and we realize there was no evil intent on the part of the homeowner” at a press conference?

    no? why not? it’s an entirely consistent application of the course of action you just recommended. what’s the difference between the accidental death of one private citizen over another, when they’re both killed under essentially identical circumstances? neither one “meant to kill the suspect”, right?

    • Thank you for the thoughtful reply! You make a good point, however your logic is missing a few pieces, so I will explain what the difference is between the accidental death of one private citizen over another.

      First, there is NO QUESTION in my mind that the circumstances you describe would lead to a negligence charge AT THE MOST. In fact, there are cases out there where a homeowner accidentally shoots the police and is EXONERATED completely and never charged ( I don’t suppose you would support that in the BART matter? ).

      The reason for this is that the police have very specific notice requirements, and generally cannot “stealth” enter a house, as you describe it. And even if they do, they would have to wear badges, windbreakers, and other items to clearly mark who they are. Even in this case, the courts are EXTREMELY hostile towards such police action and almost ALWAYS require a “knock and notice” where the police announce from the outside who they are and their intent.

      Finally, you mention that this was an accidental shooting, so that would also almost certainly eliminate a murder charge.

      So, let’s recap.

      First, the home entry you describe is legally touchy, hardly ever done, and very suspect to the courts.

      Second, in the situation you describe, the homeowner would NEVER be charged with murder. In fact I believe they would not be charged with ANY crime.

      Third, since you said he “accidentally” pressed off that round, there could be no first degree charge in any case (plus 1st degree murder when facing someone you believe to be an intruder is statistically unheard of).

  3. Pingback: BART Officer Will Get Railroaded (via The Philosophical Cop Police Blog) « Uncle Sam's Boot Blog

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s