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A truly tragic case where a man who had upheld the law broke the rules in response to the horrific scene he witnessed.

Coincidently, the attorney who defended him, Gary Mitchell, was the same attorney who defended Cody Posy who was convicted of triple killings of his father, stepmother and stepsister on ABC newsman Sam Donaldson's ranch. The judge in that case was the same and that sentence was to be held in custody and receive mental health care until age 21.

1 posted on 03/03/2006 5:35:51 PM PST by CedarDave
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To: CedarDave

What a pity the video tape didn't get erased in an unfortunate accident.


2 posted on 03/03/2006 5:37:55 PM PST by robowombat
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To: CedarDave

Gary Mitchell often takes high-profile cases that involve the death penalty, as well. He is a very capable lawyer.

One of those cases where he did break the law, but nobody really wants to send him to jail based on the circumstances. Probably a good cop and a good man who lost his bearings after seeing his friend and partner murdered.


3 posted on 03/03/2006 5:41:02 PM PST by giobruno
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To: CedarDave

if this guy wasn't a cop, he'd probably have been sent up for 20 years.

Rule of law just doesn't apply to cops.


4 posted on 03/03/2006 5:43:54 PM PST by iPod Shuffle
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To: CedarDave

Crime of passion. Frankly, if you shot my partner (friend or family member) and I was there, you would be a bullet riddled corpse. Luckily, I'm not an officer of the law.......


8 posted on 03/03/2006 5:59:03 PM PST by ScreamingFist (Annihilation - The result of underestimating your enemies. NRA)
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To: CedarDave
Anders and Deputy Robert Hedman had responded to reports of gunshots at Flippen's home on Dec. 18, 2004. They noticed blood on the floor, but Flippen refused to let them in.

So, I have to wonder what happened prior to the cops showing up.

10 posted on 03/03/2006 6:03:15 PM PST by csvset
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To: CedarDave

Sorry, but I don't think Bill Anders did anything wrong.


11 posted on 03/03/2006 6:04:04 PM PST by philetus (Keep doing what you always do and you'll keep getting what you always get.)
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To: CedarDave

I say Hooahh!

Dirty Harry lives.


15 posted on 03/03/2006 6:35:44 PM PST by x1stcav (Fear not the enemy. It can only take your life. Fear the media. It can take your honor.)
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To: CedarDave
A videotape taken from his sheriff's department truck showed that Anders returned, rolled the handcuffed man onto his back and shot him.

Investigators said Anders didn't recall the events as shown on the videotape.

I'm calling B.S. on that second sentence.
17 posted on 03/03/2006 6:42:46 PM PST by jwatzzzzz (jwatzzzzz)
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To: CedarDave

He did the public a great favor...and his temporary insanity
was understandable..

He should not have to do one single day of prison...and after therapy and some paid vacation time...if cleared by a couple of independent docs...should be returned to duty..if he wanted

imo


23 posted on 03/03/2006 8:32:08 PM PST by joesnuffy (A camel once bit our sister..but we knew just what to do...we gathered rocks and squashed her!)
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To: CedarDave

Putting this LEO in prison is a crime...


24 posted on 03/03/2006 8:32:37 PM PST by joesnuffy (A camel once bit our sister..but we knew just what to do...we gathered rocks and squashed her!)
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To: CedarDave
I can feel for the cop. I think many would be tempted to do the same thing. Maybe I would too.

The person who said a civilian who did the same thing would be treated much more harshly is right too.

27 posted on 03/03/2006 9:32:25 PM PST by yarddog
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To: robowombat; giobruno; iPod Shuffle; SouthTexas; Holly_P; bdog2995; ScreamingFist; strategofr; ...
Info from another Journal article earlier today provides more background and what a POS that Flippen was:

ALAMOGORDO— District Attorney Scot Key said the manslaughter case against former Otero County sheriff's Sgt. Billy Anders put him in "just about the most uncomfortable position to be in."

But the DA said justice had to be done and the sentencing hearing for the former lawman— who shot the man who killed his partner— began Thursday.

Anders pleaded guilty last August to a charge of voluntary manslaughter in the Dec. 18, 2004, shooting death of 38-year-old Earl Flippen outside the victim's residence near Cloudcroft.

A videotape taken from his sheriff's department truck showed that Anders shot Flippen, who was wounded and had his hands cuffed behind his back, at close range after the pair had engaged in a brief gunfight.

Moments before delivering the final, fatal shot, Anders discovered that his partner and close friend, Deputy Robert Hedman, had been shot and killed by Flippen behind Flippen's house as the officers investigated a shooting report.

Investigators later discovered that Flippen had also killed his pregnant girlfriend, 30-year-old Deborah Rhoudes, and was trying to dispose of her body when the deputies arrived at his house.

As the sentencing phase of Anders' case began, Key did not ask District Judge James Counts to impose the maximum seven-year sentence but simply to consider prison time between one and seven years.

Attorney Robert Doughty II, who is defending Anders with attorney Gary Mitchell, asked Counts to give the defendant no more than the minimum one-year sentence and to allow Anders to serve his time outside of prison, monitored with an ankle bracelet.

The courthouse was heavily guarded, with streets blocked off by police on three sides because intelligence reports indicated prison "chatter" about potential threats to Anders. Flippen was a member of a white supremacist prison gang called the Aryan Brotherhood.

28 posted on 03/03/2006 9:37:29 PM PST by CedarDave
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To: CedarDave

Thanks for posting this Dave.


34 posted on 03/04/2006 6:51:46 AM PST by Tijeras_Slim
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To: CedarDave
that sentence was to be held in custody and receive mental health care until age 21.

When did that come out-- must have missed it...

Don't know more than what I heard on KKOB about the Cody Posy case, but from the sound of it, that kid should've gotten ahelluvalot more than free health care. Like a good 30-40 years in the big house, for example.

I figure that nobody will really know what actually occurred on that ranch. That being said, the kid committed three murders. Sounds like he's getting the mother of all free rides here.

38 posted on 03/04/2006 8:31:39 AM PST by maxwell (Well I'm sure I'd feel much worse if I weren't under such heavy sedation...)
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To: CedarDave
So Anders cuffs him and doesn't shoot him, what happens? The NM justice system refuses to apply the death penalty, the case drags on for a decade or more, Gary Mitchell takes on Flippen's case, and the Catholic Church in NM asks that he be spared, and the POS is never actually executed. Meanwhile, Flippen murderers 2 more people on behalf of the Aryan Brotherhood over some drug dispute while in prison. I'll buy officer Anders a drink anytime.
42 posted on 03/04/2006 12:09:44 PM PST by giobruno
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