Man wounded by agent sues three in FBI

Baltimore Sun ^ | March 4, 2003 | Gail Gibson

[Mulder]

A Pasadena man mistakenly shot in the face by an FBI agent searching for a bank robber filed a $10 million lawsuit yesterday against three agents, alleging that they disregarded bureau arrest policies and then played down the potentially deadly result, telling an informant at the scene: "This [expletive] happens every day."

[Henrietta]

"WHO is playing games with definitions here? (LAWYERS?)"

Yeah, government lawyers.

[cynicom]

I suspicion ole Jim aint tellin the whole story. I bet he is in JBT business in one way or another.

[Atlas Sneezed]

"The guy was cleared of wrongdoing. That means there can't be a criminal trial."

Don't quit your day job. The decision by a prosecutor not to prosecute does not invoke double jeopardy rights. Only a trial with a verdict prevents a future trial. A GJ decision not to indict is no different.

[Henrietta]

"He was no-billed by a GJ ...

I'm sure the gov't made a strong case to the grand jurors for his endictment. / sarcasm"

Yeah, it's a bit like the fox guarding the henhouse, isn't it, asking government employees to prosecute other government employees. And in this case, the government employees doing the "prosecuting" (if you can call it that) get help doing their work getting more bodies for the state from the people whom they are in this case supposed to prosecute (the FBI).

That's just a bit cozy, isn't it?

[IGOTMINE]

The only reason that kid is alive is because the JBT in question was poorly trained.

At the range he shot the victim, the "sight over bore" of the M4 rifle is such that the bullet hits low. Our intrepid hero was no doubt aiming center mass of the victim's head, not realizing that the bore line is actually 2" or so lower than the sights.

I have friends who are FBI agents, and I know a woman that is going through the Academy now. I've made it clear that I think the FBI is one of this country's greatest institutions, but has become almost Orwellian (As in some pigs being more equal than others) since the Ruby Ridge/Waco debacles.

[_Jim]

A little more 'for the record material':

After hearing 15 hours of testimony, including from Braga, an Anne Arundel County grand jury decided in July against indicting Braga on criminal charges.

But county police, in a 128-page report, described the incident as troubling. Braga did not speak with police investigators.

According to the police report and interviews with authorities and others involved, agents working with an informant expected the bank robbery suspect to pull up to a 7-Eleven at Baltimore-Annapolis and Marley Neck boulevards, wearing a gray-and-white baseball cap.

The informant's cell phone died.

From the store, he relayed a message that the suspect was in a red Honda Civic with a female driver. FBI agents were having radio transmission problems. The bank robbery suspect circled in a red car, saw unmarked police cars and left unnoticed by agents.

Meanwhile, Schultz, wearing a white baseball cap, got out of Harkum's red Pontiac Grand Am, went into the store and bought a frozen drink. Agents focused on him. They followed Harkum's car, and then pulled it over. Minutes later, Braga shot Schultz through the glass.

Many details - including whether agents who thought the car held a potentially armed suspect shouted conflicting orders to the two young people inside and Schultz's movements - are in dispute.

Anne Arundel County police and prosecutors said they have not changed operations as a result of reviewing the shooting.

From:

http://www.sunspot.net/news/local/crime/bal-md.fbi01mar01,0,6178826.story?coll=bal-local-headlines

[cynicom]

Any area that would have Dr.Chief Charles P. Moose as police chief has got to give one pause. The FBI was following him around as if he had a clue. A truck driver solved it for the losers.

[_Jim]

"This [expletive] happens every day."

If you go back and read the story it appears that this statement by agent Braga was taken out of context in that one-line pull-quote appearing early in the story -

- here's the full context:

"It's not even the [expletive] car I told you about," the lawsuit quotes King as saying. Brosnan's response, the lawsuit says, was nonchalant: "This [expletive] happens every day."

So, you see, it appears *here* that that Braga was referring to the stopping of the wrong car and not the shooting itself ...

Once again - sensationalism sells a newspaper story.

[yarddog]

With apology to Charles Dickens for the paraphrase,

"If the Grand Jury supposes that," said Mr. Bumble, "The grand jury is a ass, a idiot"

[jimkress]

Attorneys who represent Schultz and Harkum said the lawsuits aim to hold federal law enforcement accountable for the mistaken shooting.

How does taking more money from me to pay for the craven acts of a jack-booted-thug from the FBI "hold federal law enforcement accountable for the mistaken shooting"?

The FBI agent should be prosecuted and, if found guilty, jailed. I should not have to pay a dime to cover this criminal's thuggish actions.

[_Jim]

Who is this 'criminaljustice.org' you cite from -

- are they to be trusted in what they write?

[_Jim]

"criminaljustice.org" - NACDL -

National Association of Criminal Defense Lawyers ...

[Atlas Sneezed]

How about the paragraphs that our JBT apologist failed to include:

The lawsuit describes Braga as having exhibited a "startling propensity for shooting unarmed persons." It points to a fatal shooting Feb. 3, 2000, by Braga of a fugitive homicide suspect in Prince George's County. The man, Donald Lee Thompson, was not armed, but investigators later said he had a loaded gun nearby, and the shooting was ruled justified.

In the lawsuit, Thompson is described as being curled up in "fetal position" in a bedroom closet when he was killed.

[Mulder]

The FBI agent should be prosecuted and, if found guilty, jailed. I should not have to pay a dime to cover this criminal's thuggish actions.

I don't disagree. Congress should take whatever amount the civil court rules for out of the FBIs budget.

[jimkress]

Congress should take whatever amount the civil court rules for out of the FBIs budget.

No, they should take it out of the 'agents' bank account and/or his pension. The jack-booted-thug should bear the full responsibility for his acts.

[_Jim]

MORE from -

NACDL, ACLU file comments in opposition to Bureau of Prisons attorney/client monitoring regulations

NACDL and the American Civil Liberties Union issued a joint press release today in conjunction with the filing of comments in opposition to the Bureau of Prisons regulations allowing monitoring of attorney/client conversations without court approval when terrorism is suspected.

From: http://www.criminaljustice.org/public.nsf/75164f8d67544f8a85256ada0066b78e/69c11b6e84e84ce385256b200051a15e?OpenDocument

[nunya bidness]

And your point is...?

Henry Hyde supports the legislation to reform the Grand Jury process. Is that something you would support?

Or do you agree that the Grand Jury process served justice in this case?

Do you agree that the plaintiffs have a case? Do you agree that the LEOs in this case broke procedure?

Do you know that Shultz bled for 45 minutes while the feds danced around his body? Keep digging there's more to support their case.

[_Jim]

The lawsuit describes ...

Yup.

The LAWSUIT claims that - it MEANS nothing (at this point).

YET to be PROVEN (via something called involving evidence and 'facts') ...

(DO YOU see how that works?)