Posted on 04/28/2005 9:15:34 PM PDT by elkfersupper
CLOUDCROFT, N.M. -- The man who shot and killed an Otero County sheriff's deputy in December already had been wounded and subdued when he was shot, a prosecutor said.
District Attorney Scott Key has been tightlipped about the investigation and voluntary manslaughter indictment against Otero County sheriff's Sgt. Billy Anders in the death of Earl Flippen.
But Key told the Albuquerque Journal that Flippen was wounded and handcuffed and was not a threat when he was shot again.
A medical examiner's report released this week says Flippen's body arrived for an autopsy with his hands cuffed behind his back.
The report said a gunshot wound to the right side of Flippen's chest was surrounded by gunpowder stippling -- a burn indicative of a close-range shot.
As much as the perp may have deserved it, the officer is in the wrong here. At least he will be treated well in prison.
ALBUQUERQUE (AP) -- The body of a man shot by an Otero County deputy arrived at the state medical examiner's office with his hands cuffed behind his back, according to an autopsy report.
The Office of the Medical Investigator ruled Earl Flippen's death a homicide.
He died Dec. 18 after a confrontation with two sheriff's deputies at his Cloudcroft-area home. One deputy was killed, and the other has been indicted on a voluntary manslaughter charge in Flippen's death.
Albuquerque television stations have reported that state police were investigating whether Deputy Bill Anders had subdued Flippen and handcuffed him before shooting him.
The autopsy report, dated Tuesday, said Flippen's wrists had pale indentations from the handcuffs. The report did not speculate when the handcuffs were put on.
The report, signed by Dr. Jeffrey S. Nine, said Flippen, 38, died of multiple gunshot wounds.
Flippen had been shot four times _ in the forehead, the right side of his chest, the left arm and the left hand. The report said the wounds in the arm and hand could have been made by one bullet.
The medical examiner said the chest wound perforated the heart and both lungs and resulted in ''significant internal bleeding.'' The bullet in the head lacerated the brain and lodged behind the left eye.
Medical examiners recovered three bullets.
Flippen, whose body arrived with seven unfired bullets in his pocket, had numerous tattoos, including the word ''white'' on his left arm and ''pride'' on his right arm, the report said.
Anders and Deputy Robert Hedman had responded to calls about gunshots at Flippen's home. State police have said Flippen died in an exchange of gunfire with Anders outside the home east of Cloudcroft after Flippen fatally shot Hedman.
Police then found the body of Flippen's pregnant girlfriend, Deborah Rhoudes, 30, in a closet.
An autopsy report on Hedman, also dated Tuesday, said he died instantly from a gunshot wound to the head fired from a distance. The report said his death was a homicide.
Anders and Hedman had questioned Flippen and noticed blood on the floor, state police said. He refused to let them in, so Anders went to a patrol car to call for help and Hedman went to the rear of the house.
Flippen shot Hedman, 49, in the head behind the house, state police said. They said Anders then encountered Flippen near the front of the house and killed him in an exchange of gunfire.
The indictment against Anders, returned in late March, alleges he killed Flippen ''upon a sudden quarrel or in the heat of passion.''
Robert Doughty II, Anders' attorney, has said his client shot Flippen in self-defense or in defense of others.
Anders, a 33-year law enforcement veteran, has been on leave since the shooting.
http://www.officer.com/article/article.jsp?siteSection=5&id=23219
So, it's okay to shoot a disarmed, surrendered, helpless, handcuffed suspect?
Not as far as I'm concerned. What do you think?
Ping.
Seen it done a few times. Those were my first thoughts. Good night.
Not as far as the law is concerned. However, a jury hasn't determined if that's what actually happened in this case.
I'll wait for their judgment before I render mine. The courtroom of public opinion is a poor substitute for a court of law.
Deputy Anders has no doubt sent many criminals to trial. I think he is just as entitled to one as anyone else.
The Bullen managed to take no one alive. One case involved a punk named Beers (hard to forget a name like that), who was shot 3 or 4 times with his hands cuffed behind his back, then laid out on RR tracks.
Of course, that was Helmut's Germany. If the B-M crew had stayed hidden until Schroeder, they may have gotten medals.
Looks like suicide to me...
Gee, I just can't seem to get worked up over this perp's death. Yeah, the LEO who shot him probably broke all kinds of laws, starting with "innocent until proven guilt" and ending with a "spur of the moment illegal execution".
Boo freakin' Hoo.
I think you are making a biased judgement without posessing all of the facts. I also think that this deputy will not be convicted for doing this murderous piece of meat.
I'm going to go on record and say that they are going to rule this shooting 'jusifiable'.
Especially if the deputy is right-handed.
Whats the fuss about? It sounds like he fell to me.
Whats the fuss about? It sounds like he fell to me.
time will tell... one of the "north hollywood bankrobbers" was cuffed after being shot. they may have just let him bleed out...he might have shown up at the coroner still cufffed.
I think maybe you misunderstood me. (Or maybe I'm missing your point here.)I don't think the deputy will be convicted either. If the deputy indeed shot a handcuffed suspect, well thats different, but I don't think he did. I only addressed the context of the question as it was put to me, not in the premise of the original post. In other words, I was being a smarta**. You're right, all the facts are not in so I draw no conclusions. Sorry for the confusion.
There are plenty of cases where LEOs are obviously out of control.
But I think the evidence here tends to leave plenty of room for the officer to be protecting himself.
Bodies in closets, partner shot in head ... I think I would get a little tense in that situation.
Things like shooting unarmed innocent bystanders in the face is one thing .... Reacting to an obviously deadly situation is another.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.