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  1. #1
    Join Date
    Jun 2010
    Posts
    229

    Default OK to shoot someone sleeping in a car in DC because cops saw gun in his waistband


  2. #2
    Join Date
    May 2006
    Location
    NWFL
    Posts
    16,537
    This has happened before.
    No judgement here on my part and I am simply stating how the mass media, wiki in this case, told it:
    Tyisha Shenee Miller (March 9, 1979 – December 28, 1998) was an African American woman from Rubidoux, California. She was shot and killed by police officers called by family members who could not wake her as she lay unconscious in a car. The incident sparked demonstrations against police anti-blackness. The officers involved were fired from Riverside Police Department but did not face prosecution due to insufficient evidence, and were later afforded full back-pay after the decision to terminate their employment was found to be an "abuse of administrative discretion," though they were not reinstated.
    edit to add a real crazy story and some parts of it seem to be missing
    https://www.cnn.com/2020/09/18/us/te...rnd/index.html

    The fatal shooting occurred on August 1, 2019, when Singh responded to a call for an unconscious woman, later identified as Margarita Brooks, and an off-leash dog approached him, according to previously issued press releases from Arlington Police.
    Breakdown of the body-worn video

    About six minutes into the video Singh calls out "ma'am" and "hello" to Brooks, who is on the ground in the distance. He then asks her if she's OK.
    "Is that your dog? Can you get, get back!" he yells.
    A dog starts to run at him, and he fires off three shots, sending the dog running away.
    Brooks is heard on the video yelling, "What the f***? Oh my god! He shot me."
    Singh radios in three shots fired and runs toward the woman.
    As Brooks lays on the ground, Singh says "ma'am, get a hold of your dog," but she does not respond, and the dog is not visible in the video.
    Singh then runs towards the woman, who is seen on video laying on the ground with blood on her dress.
    Last edited by barnetmill; 08-26-2021 at 05:50 AM.

  3. #3
    Saying it is "OK" seems a bit of a stretch.

    The incident just happened, the officer involved has not been cleared. I saw nothing in the story that indicates that the upper echelon of the MPD were condoning the actions. And it's worth noting that the driver was NOT asleep at the time of the shooting, in fact he had awakened and was attempting to drive away. There is no indication as to where the shield team was situated in relation to the path of the vehicle as it started to drive away.

  4. #4
    A little more info here, with bodycam footage.

    https://www.localdvm.com/news/washin...-in-northeast/

    I see some things that could have been done to make it safer for all. The first is that they could've blocked the vehicle to prevent the driver waking up and fleeing, since that scenario is at least as likely as him waking up and shooting. But hindsight is 20/20, as they say. We'll see what the USAO has to say after their review, but I wouldn't want to the the officer, or the supervisor in this climate.

  5. #5
    Join Date
    May 2006
    Location
    NWFL
    Posts
    16,537
    I am not sure of the legality of using deadly force when self defense or probable danger to others is not in play. His crime was illegal possession of a firearm. Many years ago in my state it was legal for police to shoot a fleeing felon that was evading arrest. Not true anymore.

    WHAT ARE THE RELAVANT LAWS? https://www.usnews.com/news/us/artic...ts-in-the-back For decades, officers were authorized to shoot suspects in the back to keep them from evading arrest. The killing of 15-year-old Edward Garner in 1974 changed that.

    The case involved Memphis police officer Elton Hymon responding to a report of a prowler when he saw Garner running from a burglarized home. Hymon later told investigators he didn't think Garner was armed but shot him in the back of the head anyway to stop him from getting away. The shooting was deemed justified.

    Garner’s case led to a landmark Supreme Court decision in 1985, in which the high court said shooting fleeing suspects who are not an imminent threat is unconstitutional. The court said officers can use lethal force to stop a fleeing suspect only if they have reasonable grounds to think the suspect poses a danger to police or bystanders.

    CAN AN OFFICER SHOOT ANY FLEEING SUSPECT WITH A GUN?

    No, explained Chicago-based civil rights attorney Andrew M. Stroth, who has represented many families whose relatives were shot by police.

    “An officer has to be presented with an imminent threat of bodily harm or injury to himself or a third party,” Stroth said. “The presence of a weapon alone is not justification for an officer to shoot a suspect in the back or anywhere else.”

    Other Supreme Court rulings since the Garner case have established that the presence of a gun does not necessarily give an officer the right to open fire.

    “You cannot use your bullets from a service revolver to catch an alleged suspect who is not posing a danger,” Stroth said.
    Quote Originally Posted by Brikhaus View Post
    Saying it is "OK" seems a bit of a stretch.

    The incident just happened, the officer involved has not been cleared. I saw nothing in the story that indicates that the upper echelon of the MPD were condoning the actions. And it's worth noting that the driver was NOT asleep at the time of the shooting, in fact he had awakened and was attempting to drive away. There is no indication as to where the shield team was situated in relation to the path of the vehicle as it started to drive away.

  6. #6
    Join Date
    Nov 2012
    Location
    Central Texas
    Posts
    563
    "It’s unfortunate that we have to come face to face with armed people in our community," Contee told reporters Wednesday morning. "Clearly when people are in possession of a firearm, it makes communities unsafe, it makes police officer unsafe."

    Oh yeah. It’s the armed citizens that are the problem. I am sure the whole community feels safer knowing an idiot like Contee is armed. Clearly!

  7. #7
    Join Date
    Mar 2019
    Location
    MI
    Posts
    126
    Again I’m so impressed with the quality of the beat officer and leadership. Wish I could pay even higher taxes for this level of safety trust and community outreach.

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