Posted on 08/18/2012 3:01:59 PM PDT by marktwain
Bernell Benn said he was simply in line at a Rite Aid pharmacy Thursday afternoon to pick up his medicine.
He was chatting on the phone with his mother when he noticed that a man had cut in front of him. What happened next at the store in the 3600 block of Tidewater Drive is in dispute. Benn, in a jailhouse interview, said he was defending himself when he fatally shot that man in a gunfight.
"I came to the store just to get my medicine," said Benn, who was crying as he was led into the interview at Norfolk City Jail.
But police say evidence warranted his arrest. Police charged Benn, 41, of the 8100 block of Ridgefield Drive, with second-degree murder and felonious use of a firearm in the killing of Ramon P. Colorado Jr.
Colorado, 42, was a former Norfolk deputy sheriff and auxiliary deputy in Chesapeake who was known for his online persona "Norfolk Dirt."
After he noticed another man had gotten in line in front him, Benn said he told the other man, "Excuse me, sir. I'm in line."
After the man became hostile, Benn said, "I moved out of the way and let him have the spot."
Benn said he continued talking to his mother when he was hit by pepper spray and heard the other man say, "I got more for you, bro."
(Excerpt) Read more at hamptonroads.com ...
Jury may see it differently.
So if someone sprays you with a chemical and says they have more for you, are you cornered? At that point if all you have is lethal force to call upon, you’ll use lethal force. That’s why these 6 cops gunned down 1 man carrying a 3 inch knife who was turning away. If only one of them had a taser, the guy’s far more likely to be alive.
WATCH: Police gun down Michigan man with 46 shots in 5 seconds
http://www.freerepublic.com/focus/f-news/2920241/posts
>>>>Most cops are good people
>>Plenty of evidence daily suggests otherwise. Cops are NOY your friends!
I would say that the first, “Most cops are good people”, is probably true.
I would not agree with the second, that there is plenty of evidence it is not true.
However, and this is the key point, there is plenty of evidence that a non-negligible percentage of cops are not good people, are not your friend, that you should very much be on your guard in any encounter with law enforcement. The blue-clad peace officer (think Andy of Mayberry) has all too often become the black-clad LAW ENFORCEMENT OFFICER < dire, threatening music plays here briefly>. There are a lot of reasons for this, which I’m not going to get into now, but it has happened and for anyone to think otherwise is to ignore many stories that show up here week after week.
So after comment on your comments, I’m going to move into general related commentary on this story.
With just the evidence presented, it sounds like we very well might have a case where an a**hole ex-cop went way overboard when told “hey, you cut in front of me.” If you just pepper-sprayed me for next to nothing and said “I got more for you, bro”, how do I know “more” isn’t an escalation of force, that your not about to kick my butt while I’m partially incapacitated by pepper spray? If everything went down like that, then I see a strong case for self-defense.
Hopefully video and witnesses will prove or disprove this scenario. But it is certainly possible, especially given the sort of jerk ex-cop Colorado might very well have been, given his history.
/your/you’re/
We have an ex-cop who has a history of mental problems and an arrest that resulted in a conditional dismissal, who was illegally carrying a gun. We also have a person with no record who was legally carrying a gun.
The guy who has no record and was legally carrying a gun, was shot in the back. The guy with a record and was carrying illegally is dead.
The dead guy is an ex-cop. The guy with no record is arrested.
Hopefully, the DA will apologize to the arrested man and start an investigation of the cops who arrested him.
My Atty told me to say 3 things:
1) I was in fear for my life, sir.
2) I want to speak with my attorney, sir.
3) I have no further statements to make, at this time, sir.
Perhaps strapping on a firearm makes some people fantasize that they are the law, but they aren't, and if anyone thinks it's okay with the law to kill somebody because of an argument, he should think again. Ask any attorney. Ask any firearms instructor.
So if someone sprays you with a chemical and says they have more for you, are you cornered?
Nowhere in the article does it say the man was cornered. They say he was in an argument with another man and the argument escalated. The other guy decided to escalate to pepper spray and this guy drew his gun in retaliation. If he drew first, he's probably going to prison.
As for his claim that he saw the other guy going for his gun, apparently out-drawing the guy, that is the stuff of Hollywood, not real life. By the time a human being sees another go for his gun, it's too late. The human system cannot react quickly enough to out-draw the other at that point--it's not humanly possible.
Of course, witnesses and video may tell a different story, but based upon this article, if the guy in jail drew first, he's guilty.
The man in this article was not a law enforcement officer.
***And neither was the ex-officio guy who initiated this incident & lost his life.
Perhaps strapping on a firearm makes some people fantasize that they are the law, but they aren’t,
***You mean, like the ex-law enforcement officer involved in this incident?
and if anyone thinks it’s okay with the law to kill somebody because of an argument,
***This was way beyond an argument, it was a chemical being sprayed at another person with words in furtherance of more violence.
he should think again.
Kevmo:
So if someone sprays you with a chemical and says they have more for you, are you cornered?
Jeff Chandler:
Nowhere in the article does it say the man was cornered.
***The question was for you. In effect, the man was cornered and he responded in violence.
They say he was in an argument with another man and the argument escalated. The other guy decided to escalate to pepper spray and this guy drew his gun in retaliation. If he drew first, he’s probably going to prison.
***If those are the admitted facts and I were on the jury, the man would not be going to prison.
As for his claim that he saw the other guy going for his gun, apparently out-drawing the guy, that is the stuff of Hollywood, not real life.
***And yet, here we are in real life, with a guy shooting another guy with his gun when the other guy had a gun and was spraying him with a chemical.
By the time a human being sees another go for his gun, it’s too late. The human system cannot react quickly enough to out-draw the other at that point—it’s not humanly possible.
***Irrelevant at this point, since you acknowledge the possibility that the man could be going to prison — which admits the possibility that he aint. It would go to a jury.
Of course, witnesses and video may tell a different story, but based upon this article, if the guy in jail drew first, he’s guilty.
***Not if I were on the jury. Dirtbag ex-cop shoots chemicals at a guy and says there’s more... well, it’s better to be judged by 12 than carried by 6.
From how the article reads, at this point I have to believe Benn.
This Colorado fellow has a history that suggests he is not mentally stable and a danger.
I would like to know how Colorado got his permit back?
If someone pepper sprays you, they have already assaulted you. In many places it would be a felony. And there is no way to know what their further intentions are, but a resonable person would be justified in fearing for their safety. And that is the standard for self defense.
Ahhh not really UNLESS Benn drew without any being assaulted in some way first. But if the ex-cop pepper sprayed him that is assault. Its all down to who touched who first.
It's common sense, really."
Oh that sounds so simple. Tell me where did you study? I would like to learn that skill!
It's the same as if it were a bar fight. If you are involved in a bar fight and end up shooting a man, you're probably going to do time.
Ask an attorney. Ask a firearms instructor. Ask an LEO.
And that's really what it comes down to. The possible scenarios are:
Most pharmacies have video cameras due to the sensitive nature of their products. The video and the witness testimonies will tell who was the aggressor.
To automatically believe the arrested man's word while assuming that the police are lying and making up the opposing narrative is truly indicative of a pathetic paranoia.
True to a point. If Benn was getting in his face in a truly hostile manner, then the pepper spray was warranted. We don't know what happened. All we have is Benn's story, which is either true or a self-serving fabrication, and the police's story, which is either based upon witness testimony and/or video, or a fabrication.
It is far more likely that a jailed man will lie about his situation than an entire police department will, but if I were on a jury I would require evidence and testimony of the man's guilt before convicting, even though I think he's probably guilty.
In other words, distrusting the police would not be my default position, but they had better have more than just a guess about what happened. If they have no evidence or eyewitness testimony, Benn goes free.
I'll bet he votes Nov. 6, though.
If someone pepper sprays you especially someone who has a history of having his firearms taken away do to his belligerent behavior ( I figure if you can read people's minds then you know their past as well.) Then will you know his intentions?
Or maybe we could deal with reality and state if someone whips out an assault weapon (anything that can do you physical harm) and uses it on you then you are within your rights to drop him like a hot iron.
Again, run this scene by a lawyer, a firearms instructor, or an LEO and see what the law says about killing a man because he pepper sprayed you.
It's nuts to get into a fight when you are carrying a firearm. The moment the argument got heated the guy should have relocated to the front desk and asked for a manager. The only way I will shoot somebody is if I or another innocent person am cornered. But then my name isn't Paul Kersey and this isn't Hollywood--it's life.
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