Legal

Lunacy!

pO157.

Posted to Legal on Mon Jul 23, 2012 at 09:51:09 AM EST (promoted from Diaries by port1080). RSS.

Lake County Sheriff's Deputies went to the wrong house at 0130 and knocked on the door without identifying themselves. When the resident subsequently turned up with a gun they ended up shooting and killing an innocent man. A spokesperson said "It's just a bizarre set of circumstances. The bottom line is, you point a gun at a deputy sheriff or police office, you're going to get shot."

Tags: written by pO157, lunacy, police, shooting, 4th amendment, no knock warrant, SWAT (all tags)

This story: 15 comments (0 from subqueue)
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1

Re: Lunacy!

port1080.

Tue Jul 17, 2012 at 04:34:02 PM EST

none

The cops were clearly in the wrong in this case, but one does wonder why you open the door to some random stranger and point a gun in their face?  That's just asking for trouble one way or the other.  If the cops had kicked in the guy's door I'd be more sympathetic, but I'm wondering why he didn't ask for them to identify themselves before opening the door in the first place.

Allons-y!

2

^ 1

Re: Lunacy!

HidingFromGoro.

Tue Jul 17, 2012 at 11:54:44 PM EST

5.00 (astute, astute)

Well the allegation that Lee "opened the door and pointed a gun" is coming from a police spokesman defending the cops who killed the wrong man during a botched midnight no-knock at the wrong apartment- I wouldn't put too much faith in it.

I got more styles than prison got bricks- ain't that some shit?

3

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Re: Lunacy!

HidingFromGoro.

Tue Jul 17, 2012 at 11:57:20 PM EST

none

Should be "no-announce" instead of a "no-knock."

A distinction without a difference to many, but they are technically different things.

I got more styles than prison got bricks- ain't that some shit?

5

^ 1

Re: Lunacy!

Anywhere.

Wed Jul 18, 2012 at 08:37:37 AM EST

none

one does wonder why you open the door to some random stranger and point a gun in their face?

I agree that if he felt danger, he should have left the door closed, but let's play that out.  What happens next?  The cops are going to find a way into that house, probably through the door.  He has even more reason for fear, so he opens fire on them.  They shoot back, possibly after he's hit one or more of them.  Most likely, he ends up dead or badly injured anyway.

I agree that it's hard to hold the cops fully responsible IF their story is true, but as HidingfromGoro notes, that's a big "if" considering that it's the only version available and there are plenty of other potential sequences of events that would leave these only witnesses on the hook for manslaughter or worse.

6

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Re: Lunacy!

gerrymander.

Wed Jul 18, 2012 at 11:43:49 AM EST

5.00 (astute)

I agree that it's hard to hold the cops fully responsible IF their story is true

The cops are fully responsible, period. It is their responsibility to dutifully serve warrants, and theirs alone. Even if their story is completely true, they were at the wrong apartment.

7

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Re: Lunacy!

Anywhere.

Wed Jul 18, 2012 at 11:50:19 AM EST

none

They are partially responsible because they were at the wrong apartment, but the victim threatened them with deadly force.  They have a right to respond to that.

8

^ 7

Re: Lunacy!

gerrymander.

Wed Jul 18, 2012 at 12:02:14 PM EST

5.00 (astute)

Their right to respond to deadly force does not lessen their responsibility to carry out court orders lawfully. The only reason Scott was at his door at 1:30am was because the police forced a confrontation, incorrectly.

Most of the time I'll back the police with leeway to carry out their jobs. This is one of the exceptions.

9

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Re: Lunacy!

HidingFromGoro.

Wed Jul 18, 2012 at 10:18:49 PM EST

5.00 (astute)

The cops are literally using the George Zimmerman defense, I wouldn't buy into it.

I got more styles than prison got bricks- ain't that some shit?

10

^ 9

Re: Lunacy!

Anywhere.

Thu Jul 19, 2012 at 07:39:17 AM EST

5.00 (astute)

To clarify, my comments are with the "if their version is true" caveat which, as you noted, is a big caveat.

4

Top Notch Spokespersoning

Haggis.

Wed Jul 18, 2012 at 06:18:47 AM EST

none

A spokesperson said "It's just a bizarre set of circumstances. The bottom line is, you point a gun at a deputy sheriff or police office, you're going to get shot."

Damn right.  Especially when the cops chose not to announce they were police.  I think we know where Baghdad Bob ended up.

I am shitfitter; hear me roar.

11

Re: Lunacy!

rickb928.

Mon Jul 23, 2012 at 05:16:06 PM EST

none

"Officials said the deputies did not identify themselves because of safety reasons."

Fail.  If they wanted to 'surprise' the suspect, maybe they should have crashed the door?  Or would that have the same effect?

Having said that, is this a neighborhood where the proper greeting to strangers is, indeed, a gun?

12

^ 11

Re: Lunacy!

HidingFromGoro.

Mon Jul 23, 2012 at 09:33:32 PM EST

none

If they wanted to 'surprise' the suspect, maybe they should have crashed the door?  Or would that have the same effect?

They didn't have enough evidence to get a no-knock warrant, otherwise that's what they would have done.

Having said that, is this a neighborhood where the proper greeting to strangers is, indeed, a gun?

It might be if the "stranger" is a group of pissed off dudes with guns banging on your door in the middle of the night while not identifying themselves as police officers.  

I got more styles than prison got bricks- ain't that some shit?

13

Gross Police Misconduct

novy.

Thu Jul 26, 2012 at 11:50:38 AM EST

5.00 (canadian, understated)

This sort of thing would never happen in Canada.

14

Re: Lunacy!

thefadd.

Sun Jul 29, 2012 at 07:17:32 AM EST

none

What gets me in these situations is the press reaction. There was a recent incident in Anaheim where the police shot children and pregnant women with rubber bullets and set a German shephard on them. And the press coverage was still trying to be sympatheticto the cops. I understand your average news viewed is still scared old white and law and order but no balance? I mean just none...

I HAD HAD SEX WITH HUNTER S THOMPSON. HE CAME IN MY MOUTH AND I SWALLOWED IT. I SHOULD HAVE HAD HIS BABY. WE WOULD BE BALLIN' LIKE KOBE'S SON!!

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Re: Lunacy!

port1080.

Tue Jul 31, 2012 at 08:41:36 AM EST

5.00 (reminiscent)

I can't stomach television news anymore...it's completely awful.  NBC's Olympic coverage is garbage for a lot of reasons, but the fact that they insist on using their "news" anchors for a lot of the segments makes it truly unwatchable. Very sad that the Internet is killing newspapers faster than TV - I think we'll lose something when the newspapers go, but nothing at all of value will be lost when the last TV newscast goes dark.

Allons-y!

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