California cop shoots drunk driver - no charges

[Seth1968]

Found this in the comments:

And don't forget the part where Feaster radios in that the suspect refused to get out of the vehicle. That was (another) blatant lie!

Don't know if it's true considering you would have to be pretty stupid to forget about that pesky dash cam.

[Seth1968]

And WTF is this:

District Attorney Mike Ramsey quickly declared the shooting an "accidental discharge." He said on Nov. 27 that the determination was made by examining the video frame by frame, KRCR reports. Ramsey said it was clear that Feaster was surprised by the gun firing.

What is this? Backwards day?

Everything the cop did was opposite to surprised.

[OTown]

Originally posted by Seth1968
Found this in the comments:



Don't know if it's true considering you would have to be pretty stupid to forget about that pesky dash cam.

Well since the comments section is never actually considered a reasonable source, maybe you have the audio transcripts so that we can actually see what happened?

[Seth1968]

Originally posted by OTown
maybe you have the audio transcripts so that we can actually see what happened?

WTF? Audio is video?

Are you trying to be sarcastic, or are you just stupid?

[wintonyk]

my question is why the hell you would draw a gun in the first place when you see a vehicle rollover.

[FraserB]

Originally posted by wintonyk
my question is why the hell you would draw a gun in the first place when you see a vehicle rollover.

This was the culmination of a pursuit, not the officer coming across a random accident.

[Seth1968]

Originally posted by wintonyk
my question is why the hell you would draw a gun in the first place when you see a vehicle rollover.

Well that's only a "start".

Fuck you A7 whatever

[Seth1968]

Originally posted by FraserB


This was the culmination of a pursuit, not the officer coming across a random accident.

WTF?

I just give up.

[rx7_turbo2]

Originally posted by wintonyk
my question is why the hell you would draw a gun in the first place when you see a vehicle rollover.

This individual was willing to put his wife and the general public at risk to evade police, you have no idea what's in his vehicle or what MORE he'd do to evade police. Approaching that vehicle gun drawn is absolutely the proper protocol.

My gut feeling is this was an accident, just the way it looks. As others have said trying to deliberately shoot in this manor would require a fair amount of skill. How he handled the situation would suggest otherwise however.

[Feruk]

NM... guy survived.

[OTown]

Originally posted by Seth1968


WTF? Audio is video?

Are you trying to be sarcastic, or are you just stupid?

Ah I was unaware there was a full extended version of the video.

So I just watched it. He didnt call for medics initially because I'm sure their dispatch does it automatically when a collision occurs. I think the other officer called for medics to be 'here now' just to make sure that they were in fact on their way - and dispatched confirmed they were already en route. So that's a moot point.

As for the 'accident'... Its plausible but hard to tell really. Human beings do some weird stuff under incredible stress and pressure, and police officers are human. It would explain why he thought the guy was refusing to leave the vehicle. Its hard to tell as we only have a video and we don't have the totality of the circumstances. I find it hard to believe that a cop would willingly do something like this when he is the one that started the dashcam in the first place and is aware of it, but hey who knows?

We do have to be mindful that the states do have certain laws that allow officers to use such deadly force in some situations.

Under U.S. law the fleeing felon rule was limited in 1985 to non-lethal force in most cases by Tennessee v. Garner, 471 U.S. 1. The justices held that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others."[2]

A police officer may not seize an unarmed, nondangerous suspect by shooting him dead...however...Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force.

— Justice Byron White, Tennessee v. Garner[3]
Fleeing felons may be followed into places not open to the public without a warrant if the officer is in "hot pursuit.[4] Deadly force that is executed by a co-defendant against an accomplice is not justified by the fleeing felon rule.

https://en.wikipedia.org/wiki/Fleeing_felon_rule
Refering to https://supreme.justia.com/cases/federal/us/471/1/

So there is US caselaw in defence of the officer's articulation.

Is it enough? Who knows. I'm sure there are details here that we have no idea about. This video only shows one perspective of the events that unfolded and does not capture the totality of events and what the officer was thinking.

[rx7boi]

And then of course...never forget the mantra!

"I was fearful for my life!"

[snowcat]

Originally posted by acedia
Officer Who Mistakenly Shot DUI Suspect Won't Face Charges



Are you effing kidding me? This man is a disgrace and should never have a gun or badge again.

Let me guess, you're the type of person to say "throw the book at him" too?

[acedia]

I can't tell if you're on me for my choice of words, or the fact that I think he should be fired.

I do think he should be relieved of his duties. I'd say covering up a shooting while on duty is kind of a bad idea.

[civic_stylez]

Originally posted by cjblair

» Click image for larger version

day maker right there...