Posted on 09/22/2007 6:13:32 PM PDT by Paleo Conservative
CORPUS CHRISTI — The family of a man who was shot by a Nueces County Sheriff’s deputy in June filed a wrongful death lawsuit last week against the county and the deputy.
Deputy Burl Smith shot Miguel Angel Ramirez 10 times on June 7 after Ramirez, who was walking along Interstate 37 with an 18-inch machete, did not obey orders to drop the machete.
A grand jury in July declined to indict Smith on any charges in connection with the shooting.
The suit, filed by Ramirez’s parents, Cirilo Ramirez of Rosanky and Maria Guzman of Arlington, accuses the county of failing to properly train and supervise its officers and alleges the deputy used excessive force.
The 32-year-old’s family has said he suffered from epileptic seizures that often left him confused and that the deputy should have seen signs Ramirez needed medical attention.
The amount of medication in his system to treat the seizures was within the treatment range at the time, according to a report by Nueces County Medical Examiner Dr. Ray Fernandez.
A pretrial hearing in the case is set for Nov. 8 in U.S. District Judge Janis Graham Jack’s court.
Plaintiff attorney Christopher J. Bale, based in San Antonio, said Friday instead of defusing the situation the deputy escalated it by climbing a concrete barrier to reach Ramirez and then spraying him with pepper spray.
“What he should have done was call for backup,” Bale said. “He created the situation that they’re claiming justified (the shooting).”
But Sheriff Jim Kaelin said on Friday the civil suit, which asks for unspecified damages, has no merit and that the deputy acted appropriately.
“It’s a suit of distortions and misrepresentations of the facts and it is sad that Burl Smith has to go through this,” Kaelin said. “No amount of training, whether the person is mentally ill or not, would prevent a law enforcement authority from protecting himself from a machete attack.”
Well, you gotta get close enough to use the Taser...if he was flailing the machete...it would be pretty difficult.
Ping!
If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.
This guy didn't take hints very well. Why didn't he put down the machete after the officer fired the first two shots? The police are trained to fire fire off two rounds at a time till the suspect is no longer a threat. The fact that he shot off ten rounds indictates 5 bursts of shots! An 18" machete is a rather long knife with considerable reach. If a suspect isn't complying with instructions and starts making threatening moves, why should the police officer have to wait while someone else gets into position with a taser or other weapon? What if a suspect had a knife that could be thrown? Failing to comply with the lawful orders of a law enforcement officer to put down a deadly weapon and then make threatening gestures is a good way to to end up dead.
“Oh, the deputy is supposed to be able to figure out a strangers medical status while he’s waking down an interstate with a machete in hand?”
ROTFLOL!!
Ya gotta get real close to machete man to use a taser. You wanna get close to machete man fumbling with taser hoping he doesn't behead you before you can kill him first?
Not me. I'd be thinking machete man may enjoy taser juice, and he might be able to out run me, wanting more...With a machete in his hand.
They may be “trained” that way, but almost all police involved shootings I have gotten information on (mostly in my area)the involved officers fire until the slide locks open.
And “warning shots”? Who the heck fires warning shots? All police training that I am familar with trains firing into the center of mass until the threat is neutralized.
My question was about the kid in his parents’ house with a knife, not the guy with the machete. The threat from the kid in the house was contained.
Or is totally down. But if it took ten rounds the cop is in desperate need of a LOT of range time. Or some disciplined training.
Or a handgun with a number starting with "4". Some crazed people can take a lot of bullets and still keep on going. The military model 1911 .45 semiautomatic pistol was designed after Muslim Moros in the Philippeans failed to be stopped by the sidearms carried by the Army. A 9 mm just isn't enough to stop some people.
I didn’t read it either
Shows how dumb I am...LOL. I thought you had to touch the perp. 30 ft? does the electricity it go in a straight line? I hope it does.
A Taser shoots 2 electrodes connected by wires to the battery pack in the gun. ~30’ is max range.
You can't possibly be serious.
I guess this officer didn’t get his taser traiing.
Not me...
Sarkozy said immigrants should be selected not endure red. This family of pests is what we have to endure due to Washington DCs open borders policies. I’d love to know when this family got here. I don’t care if they are legal and got here 30 years ago. They are not desirable immigrants
Sarkozy said immigrants should be selected not endured. This family of pests is what we have to endure due to Washington DCs open borders policies. I’d love to know when this family got here. I don’t care if they are legal and got here 30 years ago. They are not desirable immigrants
Can’t help but wonder if he was a MS-13 gang member. MS-13’s are violent, they’re mostly from El Salvador, and they’re fond of carrying machetes and using them (not for work).
Excuse me, but if you were the only cop there, would you point a pistol or a taser gun at him?
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