Posted on 08/25/2018 3:20:24 PM PDT by marktwain
| Screen shot shows first punch thrown at Kapinski |
On the night of 26 May, 2017, at about 11 p.m., in Albuquerque, New Mexico, upwards of a 150 car lovers had congregated in the parking lot of the New Beginnings Church. On Friday nights, the parking lot had been a popular place for hundreds to meet and show off their cars.
The video shows two men, Paul Francia and Jordan Mucher, are in a group close to Anthony Kapinski near where his car was parked. They are said to have accused him of stealing car parts some time previously. Kapinski moved to his car.
Kapinski then moved his car to the far end of the parking lot, but still covered by the surveillance cameras. Francia and Mucher can be seen following Kapinski. Kapinski appears to be standing in the angle of his open car door (backed into the parking space) as he is approached. He is boxed in, then attacked by two men. They appear to be Francia and Mucher, but cannot be absolutely identified in the video.
Kapinski accesses a handgun and fires. The attackers disperse. One falls down in the parking lot. One dies in the parking lot, the other at the hospital. Each was shot once.
According to a criminal complaint, it all started when Mucher and Francia confronted Kapinski about some car parts he had stolen from them in the past. That's when a fight broke out.Here are very similar lines, except for critical details, published after Kapinski had been acquitted at trial, more than a year later. The jury had been allowed to see the surveillance video. 17 August, 2018 From krqe.com :
According to the criminal complaint, Mucher and Francia confronted Kapinski about car parts they claimed Kapinski stole, then attacked Kapinski as he stood by his car door.Was the "criminal complaint", referenced by krge on both occasions, the same at both times?
I hope he takes the city to the cleaners. Too bad it probably won’t directly impact the cops, prosecutor, and judge involved. Though it may indirectly, ultimately.
His crime was using a gun in self defense.I hope he wins it all.
Thanks for posting this Dean, Hope this tort bankrupts the city, and the cops are canned for earning it.
Every official or officer involved in this should be sent packing with huge black marks on their employment records.
No arguments from me.
The prosecutors who withheld exculpatory evidence should be prosecuted for violating the law and his civil rights. A civil lawsuit is insufficient. Law breakers should be punished. They will do this again if they think they can get away with it - and they probably will.
People, especially law abiding gun owners, are justified in their distrust of the so called justice system.
Until people realize that America is a very large, glorified banana republic these abuses will continue and get worse.
You’re wrong. They broke the law withholding that evidence. They should be charged with a crime. They won’t be, and they will do it again.
I’m a gun person complete with a cali CCW and I totally agree with you. But it will not happen that way.
I too wish it would.
This will be an interesting suit to watch.
Of course they did and the judge was complicit.
In 1992, my neighbor, who is a very close friend, was convicted of murdering his ex-girlfriend at their Chrysler workplace and sentenced to life in prison.
After serving 6 years in prison and filed appeals, his case finally went to the Michigan Supreme Court where they ordered a new trial......As expected, he was still found guilty but the life sentence was reduced to 8 years with the 6 years of prison time considered as time served.
In a nutshell, the ex-girlfriend was a complete nutcase who had been stalking him for a year. Vandalizing his car, breaking into his house and even showing up and harassing him at his church on Sundays. He had twice filed a restraining order against her but that did no good. On one occasion she broke into his house, the county sheriff's department was called and she tried to run over the responding officer when she left his house.
In the initial trial that resulted in his life sentence, all of the above information was considered inadmissible by the judge and thus the jury never got to hear his side of the story..........
The judicial system is NOT JUST. You had damn well better hire a good attorney any time you are arrested for whatever crime you are accused of committing.......
“and the cops are canned for earning it”
Why include cops in your complaint? There was nothing in the story about cops doing anything out of order
In one of the links, the police lieutenant testified that Kapinski needed to be locked up. The complaint states she had seen the video and did not tell the judge about it.
“The complaint states she had seen the video and did not tell the judge about it”
Prosecutor misconduct
Additionally, Cop misconduct, the Cops withheld pertinent information from the judge in testimony.
I hope Kapinski prevails in this suit.
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