Posted on 07/30/2007 11:08:32 AM PDT by Abathar
GARY, Ind. -- A teenager shot to death by an officer as he fled a burglary scene may have tried to pull up his sagging pants, causing the officer to mistake the movement for a reach for a weapon, according to newly filed court documents.
In a motion to dismiss a federal civil rights lawsuit filed by Vincent Smith Jr.'s father, the city of Gary suggests the 16-year-old was shot as he was reaching down to hoist up his drooping pants and sprint away from Officer Levi Randolph.
"Police officers have to make a lot of split-second decisions," said city attorney Donald Levinson. "The law does not say you have to wait until someone shoots at you (to act)."
The city's motion includes photographs of Smith's body, his underwear clearly riding above his jean's sagging waist, laying in the alley behind a house he was apparently burglarizing.
Randolph, who was indicted in March for the Jan. 15 shooting, faces up to eight years in prison if convicted in the killing.
The officer claims he thought Smith was reaching to pull a gun as the teen walked out the back door of the house. Randolph said he fired at Smith but missed when the teen reached toward his pants before sprinting through the backyard.
Randolph said that after Smith scaled an 8-foot fence and dropped to the ground, he turned toward the pursuing officer and again reached into his pants. Randolph fired again and struck Smith behind the left ear, killing him instantly.
In both cases, Levinson suggests in his filing that Smith was gathering up his sagging pants in anticipation of sprinting away.
Low-hanging pants that wearers must frequently hoist have become a hip-hop fashion statement popularized by rappers. Sagging pants are said to have their roots in prison culture, where inmates were often issued ill-fitting pants and belts were banned.
Douglas Hobson, an attorney for Vincent Smith Sr., said police training should better prepare officers to make split-second judgments to prevent shooting suspects who pose no threat.
"You've got to know there is a gun or something that is going to hurt someone. If these kinds of excuses justify something like that, then we've got a long way to go," he said.
Yes, "civil rights"! That's almost guaranteed to get the guiltridden Man to expose his behind for anal sex handing overthje taxpayers' $20 mill, or better to the hoodlums family! Another achievement of the worshipped "civil rights movement" of the glorious 1960s!
Notice that the homo’s car is as screwed up as they are.
Gooogle Whale Tail
Maybe the 'father' should teach his son not to steal and to wear pants that fit! Act like a thug get treated like a thug.
Please keep your private parts PRIVATE! Most people, in the public, aren't interested in what your 'privates' look like!
Sounds like a fatal case of dumbass to me. “Go ahead, punk, make my day.”
Oh, the indignity of it all.
The makings of a very effective campaign by the belt industry.
“Joey didn’t wear his belt while out committing felonies and met a tragic fate.
But Roger on the hand, had his pants securely held up at the waist. Roger was able to utilize his athletic speed to outrun the police while knocking off a convenience store.
Roger lived to rob again.
If you want to be like Roger, then please wear an American crafted belt and keep on running”
LOL!
You’re a genius!
Dang! You all, with your big-city, saggy-a$$ anecdotes make me feel deprived because I live in a small town.
Well isn't that the normal liberal DBM response?
It's cool don't ya know? Although "cool" isn't cool anymore, AFAIK.
Actions have consequences. If the way you dress causes you to make suspicious movements in the course of hot pursuit, there are potentially dangerous consequences.
Sad, but seems to be a concept that can’t seem to be learned by some. Always a tough one for younger people.
Case law— Tenn. v. Garner and Grahm v. Conner — define use of force by police nationwide (Supreme Court decisions) and in combination they clearly say no 20/20 hindsight. Use of force is by the reasonable officer at the time standard. Meaning, use of force should be reasonable and appropriate as an officer of like training and experience would use at the same time given the same knowledge. E.g. if they turn out to be reaching for a wallet, so long as a reasonable and like trained officer would believe they are reaching for a gun, then deadly force is authorized.
Problem is, you are giving a new version of the events from what the cop says happened.
Very true, but all we are going on here is what is written in the article. My opinion is based on what the article says unless you have the police report or a different statement from the cop.
"You've got to know there is a gun or something that is going to hurt someone. If these kinds of excuses justify something like that, then we've got a long way to go," he said.
Hmmm... Dictionary.com defines "threat" (2nd of 3) as "an indication or warning of probable trouble". When being chased by police, reaching down toward or into the waistband of one's pants must surely be considered an indication of probable trouble - even the movies show people with guns in their waistbands all the *bleeping* time!
Oh, and with respect to the need to "know", perhaps this fine example of lawyerly excrement should always wait to know if the home invaders that could (note: no evil wishes here) take over his domicile (with him and his loved ones inside) intend to rob, hurt, or murder them before he capitulates his self-defense rights.
Stop! Halt! Police! Freeze!
If the deceased had better understood such lofty, pretentious words, then he might have survived the encounter, with only a new or embellished rap sheet!
If the cop spends too little time analyzing the situation, he might shoot somebody who he could have avoided shooting. If he spends too much time, the cop winds up dead. Most cops prefer being the one who gets to go home at the end of the day
One way is if the cop fired as the guy was in the middle of making the turn
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