Originally Posted by
FromMyColdDeadHand
What I don't like about how these cops are dealt with in these shootings is the job versus standard civil liberties. If I were rolling down an alley and lit this lady up like that I'd be arrested and most likely charged with something by now. The cop is on paid leave.
What I'm getting at is that we either need to treat these cops like they were involved in a workplace incident with some legal immunity and get answers faster or we need to give them all the legal protections and prosecutorial invasiveness that standard citizens get and let it work itself out. Right now they get all the legal protections and pretty much none of the legal heat that a regular citizen would face. There was a workplace incident and make your report. You want to abandon your work place responsibilities and assert your civil rights, get treated like everyone else.
You can't have cops shooting people for absolutely no discernable reasonable cause and throw up your hands and say that we can't really say anything for a few months.
If anyone else did this, the prosecutor would be out there with a story to tell already.
I think it depends on the location. In my state you have 24 hours to provide a written report on use of lethal force as a LEO. If you don't, then you're subject to suspension and possible revocation of your certification. While you still enjoy qualified immunity on the civil side, that statement may still be held against you in criminal court if the DA decides you shot someone unlawfully. Meanwhile a non-LE citizen has no duty to provide information that may be used against them in criminal court.
In the county I spend most of my time in, the DA has prosecuted three OIS. The first was a reserve deputy who shot a suspect already being subdued (mistaken taser event). He got 4 years for second-degree manslaughter. The second was the female officer who shot a suspect who was high on PCP and reaching into his vehicle against orders. She was acquitted of first-degree manslaughter and her suspension was lifted. However she was placed on permanent desk duty and ultimately resigned. The prosecution was highly controversial because the DA charged her before all the facts were in evidence and even before the homicide unit report was complete. The third was an off duty officer who shot and killed his worthless daughter's thug boyfriend. He's claiming self-defense. He's already been tried for first-degree murder THREE times resulting in three fairly evenly hung juries, but the DA is going for trial #4.
Now this is in one of the most conservative states in the country and even though the county itself is somewhat liberal, it's nowhere even remotely as liberal as most urban counties. Needless to say, LE does not automatically get a pass here, not even more leniency. In comparison, this DA is charging a citizen with first-degree manslaughter for shooting a thief stealing $600 worth of fireworks. During the theft, the shooter tried to stop the theft and claims the getaway driver fired a shot at him, which was when he returned fire. The problem is there's no proof that the driver had a gun because he abandoned the vehicle and his mortally wounded accomplice down the road and didn't resurface for two days. Upon surfacing he gives media an interview where he says he didn't have a gun and that the shooter murdered his cousin in cold blood for a few fireworks. Of course while we're suspending disbelief, we should ignore that he's got a record that's pages long and includes charges and convictions such as assault with a deadly weapon and possession of a firearm AFCF and during the commission of a felony.
What if this whole crusade's a charade?
And behind it all there's a price to be paid
For the blood which we dine
Justified in the name of the holy and the divine…
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