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Thread: LEO Indicted for Killing Active Shooter

  1. #51
    Quote Originally Posted by GyroF-16 View Post
    That’s an interesting point. I’d been taught that Graham v Connor was the “gold standard” for reasonable use of force. So it only applies in Federal cases?
    They are the gold standard for federal civil rights cases. This isn't a federal civil rights case.
    I had an ER nurse in a class. I noticed she kept taking all head shots. Her response when asked why, "'I've seen too many people who have been shot in the chest putting up a fight in the ER." Point taken.

  2. #52
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    Gyro, states may impose laws that are more restrictive than federal case law. Graham v. Connor is indeed the gold standard on federal civil rights cases and should be the standard for states, but sadly....

  3. #53
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    Quote Originally Posted by jnc36rcpd View Post
    Gyro, states may impose laws that are more restrictive than federal case law. Graham v. Connor is indeed the gold standard on federal civil rights cases and should be the standard for states, but sadly....
    Got it. I truly get the state vs federal law thing. I’d just never mentally applied the principle to use of force laws, “assuming” that a Supreme Court ruling would settle it throughout the land. Scary that a state WOULD (rather than “could”) apply a higher standard for use of force than SCOTUS settled on.

    Thanks for the education, everyone.

  4. #54
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  5. #55
    She initiates the shootout by shooting at the police, and Lt. shows up with, what appears to be every gadget known attached to his duty AR, unloading on her as she was being pursued.

    Was he overly aggressive? Definitely seems that way.

    Are we allowed to be overly aggressive after being shot at? Most definitely.
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  6. #56
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    More indications of indict a ham sammich if this is true:

    “Oklahoma Fraternal Order of Police (FOP) President Jason Smith told Blue Lives Matter that District Attorney Jason Hicks failed to mention the suspect’s bullet holes in the police car in his indictment of Blackwell Police Lieutenant John Mitchell.”

    From here. https://www.google.com/amp/s/defense...H0iZ2oXs-sgFHg

  7. #57
    Site Supporter Erick Gelhaus's Avatar
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    Quote Originally Posted by Caballoflaco View Post
    More indications of indict a ham sammich if this is true:

    “Oklahoma Fraternal Order of Police (FOP) President Jason Smith told Blue Lives Matter that District Attorney Jason Hicks failed to mention the suspect’s bullet holes in the police car in his indictment of Blackwell Police Lieutenant John Mitchell.”
    If factual, this is an actual Brady violation - willful failure of prosecutors to disclose exculpatory evidence.

  8. #58
    Quote Originally Posted by Erick Gelhaus View Post
    If factual, this is an actual Brady violation - willful failure of prosecutors to disclose exculpatory evidence.
    This is a grand jury.

  9. #59
    Site Supporter AKDoug's Avatar
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    Quote Originally Posted by TheRoland View Post
    This is a grand jury.
    Precisely. They only need to tell the grand jury as much stuff as they want. It's up to the jury to ask questions if they want to. I've served on two grand juries, which is once a week over several months, and dozens of cases. I asked so many questions that I annoyed the shit out of the prosecutors, but there were several cases we just rubber stamped.

  10. #60
    Site Supporter Erick Gelhaus's Avatar
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    Had a conversation about with a career prosecutor, who is also a shooter. His take ... he doesn't have enough of a grand jury background to yay or nay the idea. However, he was adamant that by not providing evidence, information about the female suspect's actions - specifically shooting the patrol cars - the prosecutor's behavior was unethical as all hell. He was not familiar with the Oklahoma Bar rules.

    If Brady doesn't apply to a grand jury proceeding I stand corrected.

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