Maye on Death Row; Shot Police Officer breaking into daughters bedroom

The Hattiesburg American | January 23, 2004 | Hattiesburg American

[TennMountains]

Only a link and title are allowed for any material from Gannett Publications.

[labette]

I see you're a newby...Hey you aren't annyokie are you?

[conservative cat]

If it had happened in Washington state, he would have gotten maybe 12 years in prison for it...worst case would have been life in prison. We had a nut shoot a cop in broad daylight in front of witnesses on a busy street a few years back. They only gave him life.

[NELSON111]

The Declaration of Independence states: The Bill of Rights is in the Constitution

Hey Mojave...the quote is from the Declaration of Independence.

Go back to dummieland where you are considered a scholar.

[El Gato]

What people are saying MOJAVE...is that if cops don't announce and bust into your house...they run the risk of getting shot like everyone else.

Or if they announce in such a way as to make it likely the announcement is not heard or not understood. Even if the announcement is heard, they may still get shot, criminal home invaders have been known to shout "police" to delay the response of any residents just long enough to tip the situation in their favor. The best thing to do it serve the warrants in a reasonable manner. The Constitution does say something about being free from unreasonable searches and seizures. Not having a warrant, which they did not have for this guy's residence, is the very definition of an unreasonable search.

[Mojave]

you aren't annyokie are you?

No. Are you John Kerry?

[TennMountains]

Like you I have a hard time comprehending that this case has received so little attention, particularly if the facts are as presented. However, bloggers I respect [http://silentrunning.tv/?p=402] and Instapundit have taken up the cause. Silentrunning has a copy of the letter he's writing to the Governor of Mississippi that sets forth facts and requests the Governor get an expedited review started. Such a course of action makes sense to me. Mississippi needs to either explain how justice has been done or quickly straighten this mess out.

I'm beginning to believe that small town politics and relationships were such that everyone preferred to let a jury turn this man loose. No one cared that Maye's lawyer didn't know what she was doing because they didn't think any jury would ever convict, much less find him guilty of first degree murder.

[Mojave]

the quote is from the Declaration of Independence

Which is NOT in the Bill of Rights.

[Mojave]

Or if they announce in such a way as to make it likely the announcement is not heard or not understood.

Or if the perp lied about not hearing the announcement.

[fnord]

if you pursue this story or see any more info about it, please ping me if you can

[fnord]

thanks, will be interesting to see how this develops

[NELSON111]

Newspaper reports don't count, only frothing at the mouth screeds?

And YOU don't understand that people are saying it is not about the case...and about the case if as reported...if as reported as true. GET IT? Do you GET the hypothetical arguement aspect of it that IF there is no announce and IF someone busts in and IF a cop gets shot that the shooter is NOT a murder?

So...maybe that is a better way to define you...rather than the aspects of this case...because all you have to do is go WAY back and see that I said early on IF AS REPORTED (Which you can't seem to grasp).

Answer this: IF a man is asleep in his house...a cops bust in UNANNOUNCED on a warrent for drugs (that end up not being there)...and the man has a child sleeping in his house...and in his slumber and in the confusion and because of no announcing...HE GRABS A GUN AND KILLS A COP...

Now here is your question Mojave...

?????? Should he go to jail for murder? Yes or No given the above circumstances?

HYPOTHETICALLY?

[Riley]

Will do. This is an interesting one. The more exposure it gets, the better.

[calex59]

It sounds to me like it was the ONLY bedroom. They said he wqs sleeping in the living room because he daughter used the bedroom. Logical place to keep a pistol to my way of thinking since a 14 month old is hardly likely to load a magazine and chamber a round. This story could be true as presented and if so the cop got what he deserved, breaking and entering is breaking and entering no matter who you are. If, however, he properly identified himself, and a lot of times they don't, then this guy should have been tried for something. Whether or not he deserves first degree murder is very questionable.

Personally I think no knock warrents should be done away with, as they have been repsonsible for more than one innocent persons death, the cops are constantly breaking in the doors of the wrong houses.

[labette]

No, I'm not John Kerry. But even he is entitled to protection under the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Bill of Rights IS the supreme law of our land. I don't care if it's the Attorney General and all the Supreme Court justices in ninja suits breaking down doors of property owners..If the warrant ain't proper... they're criminals.

Try reading the first paragraph of the Free Republic home page to see if you're in the right place or not.

[beltfed308]

If the warrant ain't proper... they're criminals. Bingo! We have a winner :>)

[connectthedots]

Maybe Haley Barbour needs a friendly freep. This case is disgusting and if not for a corrupt judicial system and the lack of a decent attorney, this innocent man would be back out on the streets.

[babygene]

" Bet next raid they "announce" a little louder...what do you think?"

I have a problem with this whole "announce" thing. I have a 70% hearing loss in both ears, and I don't always wear my aids. It probably would be wise not to break my door down even if you anaaounce.

Seriously, what ABOUT people who have hearing problems?

[connectthedots]

Maybe Haley Barbour needs a friendly freep. This case is disgusting and if not for a corrupt judicial system and the lack of a decent attorney, this innocent man would be back out on the streets.

[Riley]

I have been awakened from a sound sleep by alarming circumstances a number of times in my life.

One incident stands out in my mind- not for what it turned out to be (it was laughably non-hazardous)- but for my reaction to it.

I had a house in California, and I lived alone. My bedroom was far from any reasonable point of entry to the house. I was awakened extremely abruptly by a LOUD shreiking noise. Imagine two women who *really* hate one another going at it suddenly, with no warning in full voice. At the foot of my bed- in the same room with me. It's quite dark in there- only dim ambient light.

I woke up. I was already on my feet when I woke up- in a Weaver stance, with the bedside pistol in my hands and I was tracking for a target when my eyes opened. That, by itself, is startling to me.

The aftermath: I had two cats at the time. One of them was a big, burly tom. There was a third cat in the room- who had broken through a screened window and entered the house. A big cauliflowered ears neighborhood cat-brawling tomcat. My tomcat was defending the household- so there was a full-on catfight going on in my room- out of nowhere. At about two in the morning.

I looked at the pistol and thought "What am I going to do with this? I can't shoot the little monster- the cops will be all over the house in about five minutes if I do- and I'll go to the clink." I safed the weapon and put it down. I then realized that I had absolutely no canned plan for repelling enemy cats. So I stood there for a moment thinking about how to break this up.

I finally threw a heavy jacket at the furry invader- who broke and ran. I raced after him- turning on lights as I went. I followed him to the point of entry and he made his escape. I closed off the window with the damaged screen. Then I opened up a can of tuna for my cat- and praised him endlessly for being such a good guard cat. Scared the hell out of me- I was up for the rest of the night.

The bottom line and the point here is: what if it had been the cops in the wrong house, instead of the comical situation that it actually was? My hearing is damaged, and I am just waking up. "Police! Police!" might very well have not even registered in my mind, had it been shouted. Part of my brain knew only "DANGER-INVADER-REACT NOW!"