Off duty Pentagon police officer shooting

[Inspector71]

It will be interesting to see how this plays out. Many, many decades ago I was a “0083” and you always wondered if your agency would back you up. Link to news story: https://www.cnn.com/2021/04/09/us/pentagon-police-officer-shooting-victims/index.html


A Pentagon police officer was charged with two counts of second-degree murder Friday in the shooting deaths of two men in Maryland this week, authorities said.

Officer David Hall Dixon was off-duty at the time of the shooting. He was taken into custody Friday morning without incident, Takoma Park police said.

Dixon faces two counts of second-degree murder, two counts of use of a handgun in commission of a felony, and reckless endangerment in connection with the shooting deaths of Dominique Williams, 32, of Hyattsville, and James Lionel Johnson, 38, of District Heights.
He also faces attempted second-degree murder and use of a handgun in commission of a felony "in the assault on Michael Thomas," who was the driver of the vehicle the officer shot into.

[Phred]

Definitely interested in this case. Hopefully more details come out, as the linked article is very limited, and paints a questionable picture.

[Lon]

Definitely interested in this case. Hopefully more details come out, as the linked article is very limited, and paints a questionable picture.

Agreed. Although I’d say the article paints a bad picture, rather than questionable.

[jnc36rcpd]

Washington Post reported that Takoma Park City Police have charged the Pentagon officer with two counts of second degree murder. Video surveillance showed that the officer fired at the car after it had passed him.

Undoubtedly, the anti-law enforcement Montgomery County Executive (who already reached a conclusion) and Council o somehow blame the Montgomery County Police for this.

[LittleLebowski]

Tacoma Park...is very, very liberal.

https://wamu.org/story/19/04/24/how-takoma-park-became-the-berkeley-of-the-east/

[trailrunner]

Dixon is facing another set of criminal charges for an incident that happened last year.

Takoma Park police recently became aware of a video circulating showing Dixon pointing a shotgun at a woman’s face. It happened on May 6, 2020 at a building on New Hampshire Avenue.


https://wtop.com/montgomery-county/2021/04/pentagon-officer-charged-with-murder-in-takoma-park-shooting-that-left-2-dead/

[paherne]

Well, there's two less car burglars, now. The felony conviction and prison stay is not going to rub out.

[BigD]

Many, many decades ago I was a “0083” and you always wondered if your agency would back you up. Link to news story: https://www.cnn.com/2021/04/09/us/pentagon-police-officer-shooting-victims/index.html

Well, you have to meet your agency halfway by not using deadly force when it’s not legally justified (allegedly.)

Allegedly, of course, since we all know we haven’t heard the officer’s version of what happened.

Plus, not sure what PFPA can do for the officer at this point. Say he was in scope and provide counsel? Seems like a stretch. They certainly can’t tell anyone in the DA’s office to pound sand.

[TGS]

https://wtop.com/montgomery-county/2021/04/pentagon-officer-charged-with-murder-in-takoma-park-shooting-that-left-2-dead/

Also from that:


He (Chief DeVaul) added that Dixon “was a civilian who acted as a civilian who happened to be a law enforcement officer in another jurisdiction” and that authorities don’t believe he has any law enforcement powers in Maryland.

DeVaul said police don’t want people to take action

This caught my attention.

A federal LEO does not have state powers in Maryland under Maryland Code Section 2-104 (https://law.justia.com/codes/maryland/2013/article-gcp/section-2-104/#:~:text=%C2%A72%2D104.&text=(2)%20carry%20firearms%20in%20the%20performan ce%20of%20the%20officer's%20duties.&text=(ii)%20the%20Department%20of%20State,the%20De partment%20of%20State%20Police.) unless under certain explicit circumstances which don't seem to apply here. FYI for those unfamiliar; some states do grant either limited or full state powers on a blanket basis to federal LEOs (New York and Texas as examples, among others).

Based on the Chief's comments, I'm curious if PFPAs statutory powers to enforce US Code (such as assault on an officer) are limited by geographical bounds. I looked up PFPAs statutory authority under 10 USC 2672 (https://www.law.cornell.edu/uscode/text/10/2672), but it made no mention of being geographically bound.....which, in the absence of administrative limitation by either the Secretary of Defense or US Attorney General, would mean that like most other federal LEOs the statutory powers of PFPA would apply nationwide.

For reference, the US Capitol Police are federal LEOs but their powers are geographically limited to within a certain number of blocks to the US Capitol grounds or other official Congressional offsite functions (such as a party retreat), or when travelling as part of a protective detail. They do not possess the authority to enforce US code or fall under blanket state authorities outside of these specific circumstances.

This is not to say on my behalf that any federal authorities would grant him (or any of us) any particular authority with relevance to this case; with the obvious caveat that we haven't been able to shoot fleeing felons simply for fleeing since the 1980s, the only applicable statutes here would really be assault on an officer (18 USC 111 (https://www.law.cornell.edu/uscode/text/18/111)) or intervening in a crime of violence against another person (see Federal LEO Good Samaritan Act (https://www.govtrack.us/congress/bills/105/hr3839/text)). It just catches my eye when a local agency tries to say that federal LEOs "don't have any authority here", when in fact most of us have authority throughout the entire United States (and with certain agencies, beyond, under Special Maritime and Extraterritorial Jurisdiction). It's mostly an academic exercise on my part, as I imagine the officer is probably trying to make his case based simply on self-defense. After all, everyone (LE or not) has the right to challenge someone stealing their car, and if in reasonable fear of their life to shoot them in self-defense.

[ECS686]

Also from that:



This caught my attention.

A federal LEO does not have state powers in Maryland under Maryland Code Section 2-104 (https://law.justia.com/codes/maryland/2013/article-gcp/section-2-104/#:~:text=%C2%A72%2D104.&text=(2)%20carry%20firearms%20in%20the%20performan ce%20of%20the%20officer's%20duties.&text=(ii)%20the%20Department%20of%20State,the%20De partment%20of%20State%20Police.) unless under certain explicit circumstances which don't seem to apply here. FYI for those unfamiliar; some states do grant either limited or full state powers on a blanket basis to federal LEOs (New York and Texas as examples, among others).

Based on the Chief's comments, I'm curious if PFPAs statutory powers to enforce US Code (such as assault on an officer) are limited by geographical bounds. I looked up PFPAs statutory authority under 10 USC 2672 (https://www.law.cornell.edu/uscode/text/10/2672), but it made no mention of being geographically bound.....which, in the absence of administrative limitation by either the Secretary of Defense or US Attorney General, would mean that like most other federal LEOs the statutory powers of PFPA would apply nationwide.

For reference, the US Capitol Police are federal LEOs but their powers are geographically limited to within a certain number of blocks to the US Capitol grounds or other official Congressional offsite functions (such as a party retreat), or when travelling as part of a protective detail. They do not possess the authority to enforce US code or fall under blanket state authorities outside of these specific circumstances.

This is not to say on my behalf that any federal authorities would grant him (or any of us) any particular authority with relevance to this case; with the obvious caveat that we haven't been able to shoot fleeing felons simply for fleeing since the 1980s, the only applicable statutes here would really be assault on an officer (18 USC 111 (https://www.law.cornell.edu/uscode/text/18/111)) or intervening in a crime of violence against another person (see Federal LEO Good Samaritan Act (https://www.govtrack.us/congress/bills/105/hr3839/text)). It just catches my eye when a local agency tries to say that federal LEOs "don't have any authority here", when in fact most of us have authority throughout the entire United States (and with certain agencies, beyond, under Special Maritime and Extraterritorial Jurisdiction). It's mostly an academic exercise on my part, as I imagine the officer is probably trying to make his case based simply on self-defense. After all, everyone (LE or not) has the right to challenge someone stealing their car, and if in reasonable fear of their life to shoot them in self-defense.


TGS, Spot on Obviously there are exceptions but I have seen a lot of Federal agencies limit Statutory Powers of Arreat to on duty only. I believe that is what is going to be one of the many snags with his case (probably the least of his worries at this point)

I know as far as LEOSA I doubt there are many scenerios where a Federal agency would intervene. At least when we got the "DOJ Attorney talk" on it at FLETC during instructor recerts.

[LittleLebowski]

I don’t think he’s gonna make it out of this, given his locale, and his past. On the surface, he seems a little short on common sense, but maybe some new facts will come out.

https://www.thedailybeast.com/pentagon-cop-david-dixon-hall-accused-of-murdering-two-pulled-shotgun-on-homeless-woman-last-year


A Pentagon cop accused of fatally shooting two men he “thought” were stealing a car in the parking lot of his Maryland condo complex this week has a history of whipping out guns in his building, according to video from last year that now has law enforcement scrutinizing the officer more closely.

David Hall Dixon aimed a firearm at a homeless woman in the lobby of his apartment complex one evening in May 2020 and barked at her to leave, footage shows. Takoma Park Police plan to bring charges against him “for his actions in assaulting” her, WJLA reports.


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1380610356565966848

[El Cid]

I don’t think he’s gonna make it out of this, given his locale, and his past. On the surface, he seems a little short on common sense, but maybe some new facts will come out.

https://www.thedailybeast.com/pentagon-cop-david-dixon-hall-accused-of-murdering-two-pulled-shotgun-on-homeless-woman-last-year




70022

1380610356565966848

That’s disturbing. Dude is not the right type to have any kind of authority from what that video shows.

[Trooper224]

He's as done as a Christmas turkey.

[TAZ]

I don’t think he’s gonna make it out of this, given his locale, and his past. On the surface, he seems a little short on common sense, but maybe some new facts will come out.

https://www.thedailybeast.com/pentagon-cop-david-dixon-hall-accused-of-murdering-two-pulled-shotgun-on-homeless-woman-last-year




70022

1380610356565966848

Ummmmm... Yeah... About that life outside of a prison.

Yikes. Thats is very scary. Interested to know how that episode didn't result in his getting fired. I wold assume that his apartment complex would have reported him for waving an AR at an unarmed homeless person.

[jnc36rcpd]

From the WaPo, I don't think he mentioned the firearm to TPPD at the time of the incident.

An attorney for the family of one of the decedents was wailing in the WaPo about how police officers are never off duty and he was certainly acting as an PFPA officer when he engaged the suspects. I suspect he envision PFPA cutting this guy loose and disavowing any responsibility for the incident. I guess that whole "abolish qualified immunity" nonsense cuts both ways and the attorney realizes the government has much deeper pockets than an unemployed and convicted former cop.

[LittleLebowski]

This guy really didn’t grasp the totality of his environment. Takoma Park is well known as the Berkeley of the East Coast.

[Inspector71]

News link update: https://www.washingtonpost.com/local/public-safety/pentagon-officer-indicted-murder-takoma-park/2021/04/30/2616563e-a862-11eb-8d25-7b30e74923ea_story.html