Posted on 04/14/2021 9:22:56 AM PDT by Shadylake
Is resisting arrest a cultural issue?
That said, the cop who really failed is the male officer who didn't take the perp to the back of the car, didn't spread-eagle him, and didn't have enough of a hold on him. The perp needed to have his leg swept and his face planted into the rear quarter panel while chicken-winged.
And we still don’t know who murdered Ashli Babbitt.
Given the public pressure, unless the defense is very, very effective, I suspect that the jury will accept fuzzy meanings for the words “negligent” and “reckless”, regardless of their precise legal definitions.
I haven’t seen an image of the taser that these officers are issued, but if they don’t both look completely different and *feel* completely different from their firearms, they are an accident waiting to happen.
The jury will be given jury instructions. If the ignore the law, then their verdict can be tossed by the judge or on appeal.
There is a chance that this doesn’t even make it past the preliminary hearing. This exact situation happened in Kansas a few years ago.
ROFL
I have zero doubt she thought she had her taser when she fired, and I also think its easier than folks seem to think it is.
This is not the first time someone has been shot by a cop who thought they were firing a taser, and it sadly won’t be the last.
People are human... even people with huge experience make mistakes... (skydivers jumping out of planes forgetting to put their chutes on, etc.)
The idea that just because you have decades of experience means you won’t or can’t make a simple mistake is foolish. Anyone who’s experienced at something for decades can easily tell you of a time they have made a dumb mistake. Yes experience folks are less likely to make a simple mistake than an inexperienced person, but there is nobody who can say they haven’t committed a stupid mistake that they should not have when they were experienced.
Fortunately, most people who make mistakes, don’t put lives at risk. Unfortunately some people have jobs where a mistake can. indeed cost people lives. In controlled environments you can add processes and double checks to help prevent this... but in a situation where it is a single person responsible and not in a situation where others can input or validate, the action is purely on that person, and being a person... mistakes sadly will happen.
I feel for this woman, I feel for the dead man’s family.... She made a mistake that cost someone their life. The mans friends and family have lost someone needlessly.
Regardless of what happens in the judicial system with this.
It is tragic this man was killed, that doesn’t take away his actions escalated the situation and contributed to escalating the situation that lead to the mistake. However, that doesn’t mean he deserved to die for it.
This culture of non compliance being encouraged by certain segments of the population ensure that more incidents like this will happen, sadly.
The video I saw on OAN was from her body cam. It appeared there was a male policeman in between her and the criminal. The criminal had what appears to be a Denim jacket on, so not sure how effective taser barbs would have be n through that anyway.
Also with the male cop largely between them, she didn’t seem well positioned to have a clear shot anyway. From the video, it seemed as likely she could have shot her partner as the criminal.
Seemed to be rushing the decision to shoot him and not in the best position to do so. But that is my Monday Morning Quarterback view from the limited perspective of the video...
or Jose Cuervo =)
IOW negligent homicide is undercharging? That may eventually what they bargain it too. I see a thread running through both these cases. Resist arrest equals pay day for someone. Don’t try arrest and city burns down. Any copper in that hell hole who is not on the last week of their short timers calender needs to just quit and call themselves ahead.
Make the dang taser fluorescent pink, trigger in a different location?
We the people are told a lack of knowledge of the law is no defense. Nor is effing up on which weapon a cop uses. She screwed up, resulting in a death and she’ll pay for it with her freedom for a few years. At least the prosecutor didn’t overcharge this time around.
Quota hire.
Yeah, in CCW training it was made very clear even if you are in a good defense shoot, if you hit a bystander you’re criminally liable.
Why would anyone want to join the police as a career? Yes, she made a fatal inexcusable mistake. In the larger picture however it seems that we are headed to a time of complete lawlessness. It seems the BLM crowd is suggesting that violent or high individuals should be asked politely if it would be ok if police enforced the law, and if they say no, then violent criminals should just carry on with their day as planned.
This isn’t the first time that this has happened.
Julia Crews (female officer in St. Louis) and Brindley Blood (female officer in Lawrence Kansas) both did the same thing.
It happened in Pennsylvania as well:
There was another incident in Oklahoma.
Taser should probably revise the tasers that they sale to the yellow version that they sale. Discontinue the black tasers. Still not foolproof, but I think it would serve as a visual reminder to the officers that they were holding the yellow taser vs the black firearm.
Why draw the taser at all?
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Agree completely. Tasers should NOT be issued to cops.
If a suspect resists - shoot him. With a .45 service revolver.
I truly believe this would reduce the number of cop shootings and greatly reduce the number of suspects attempting to flee.
And of course reduce crime stats over all.
You need a better CCW instructor.
https://mylegalheat.com/blog/are-you-liable-for-a-passthrough-or-missed-shot/
That is what I call a DA running scared. If the victim was white, this would be a civil suit for negligence and no criminal charge. With a white victim, the officer’s competence is in question, not her criminality. With a black victim, the race industry and identity politics comes into play to steer her mistake into the criminal realm.
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