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Thread: TN DA chargeD after firing at fugitive and hitting a home with family inside

  1. #11
    Site Supporter TGS's Avatar
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    Quote Originally Posted by blues View Post
    What sorts of warrants are you going out on, [MENTION=941]TGS[/MENTION]? Your own agency's or part of a task force? Just curious what most State Dept. warrants are dealing with these days.

    Early in my career I had State help us with info on foreign nationals who were members of Russian and Israeli O.C. but that was when I was working in NYC. Not in Miami that I recall, but might have been.
    Those were our cases, almost all of them human trafficking issues that we attack through visa fraud. Ex: that NY/NJ mafia guy was involved in sourcing girls through Russian OC for clubs operated by the family. Prior to transferring to a different 1811 gig in my agency in a primarily internal security function, the last warrant I served was last year... also on Russian OC for sex trafficking, and the one before that was some scumbag family running a bonded labor scheme. We have DBFTF and OCDETF involvement, but I've never served warrants for another agency's case through a task force, if that's what you're asking, and have never been assigned to a task force myself.

    It's going to vary. The guys along the border do a lot more work with BEST, but if you're in HQ in the IA type unit or CI, you're working sex crimes, domestics, misconduct by dept personnel or espionage, respectively.
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  2. #12
    STAFF Hambo's Avatar
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    Quote Originally Posted by TC215 View Post

    Note that he wasn’t charged for shooting at the bad guy (i.e. aggravated assault), but for flipping rounds into an occupied dwelling.

    The whole situation is really odd.
    I did, and it is. We'll have to wait and see what other information becomes available.
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  3. #13
    banana republican blues's Avatar
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    Quote Originally Posted by TGS View Post
    Those were our cases, almost all of them human trafficking issues that we attack through visa fraud. Ex: that NY/NJ mafia guy was involved in sourcing girls through Russian OC for clubs operated by the family. Prior to transferring to a different 1811 gig in my agency in a primarily internal security function, the last warrant I served was last year... also on Russian OC for sex trafficking, and the one before that was some scumbag family running a bonded labor scheme. We have DBFTF and OCDETF involvement, but I've never served warrants for another agency's case through a task force, if that's what you're asking, and have never been assigned to a task force myself.

    It's going to vary. The guys along the border do a lot more work with BEST, but if you're in HQ in the IA type unit or CI, you're working sex crimes, domestics, misconduct by dept personnel or espionage, respectively.
    Thanks, [MENTION=941]TGS[/MENTION]

    I worked Internal Security for a few years with another agency. It was interesting work, and much more varied than one not familiar with the role would expect. Anything from protection, corruption, drugs, bribery attempts, threats against agency personnel, etc. Hope you enjoy it.

    I forgot about a case we worked on Chinese gangs in NYC running prostitutes / brothels in the early 80's. It wasn't my own case, but I wouldn't be surprised if we had an assist from State for info on some of the gang members.

    I had a lot of years in task forces in South FL: Florida Joint Task Group, OCDETF & HIDTA...aside from my own ventures inviting other fed, state and local to participate.

    Stay safe out there...and enjoy the ride.
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  4. #14
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    It would do us well to remember that the information at hand is from a news report, which I'm sure we've all experienced that they don't necessarily have all their facts in order.

    I am reminded of a fatal crash years ago, which the news article stated was on a highway number that is nowhere near our jurisdiction.

    The guy in question is likely from the DA's office, but could be the DA, ADA, or a DA's investigator.
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  5. #15
    Member John Hearne's Avatar
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    Quote Originally Posted by Wayne Dobbs View Post
    I'd also wonder if there wasn't a bad relationship with this DA and he therefore turned himself into low hanging fruit with his actions.
    Well, there is now....
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  6. #16
    Quote Originally Posted by Wayne Dobbs View Post
    I'd also wonder if there wasn't a bad relationship with this DA and he therefore turned himself into low hanging fruit with his actions.
    Nope. Another District Attorney was called in from another area of the state and requested the investigation. That DA made the decision on charges.

    Quote Originally Posted by Hambo View Post
    I did, and it is. We'll have to wait and see what other information becomes available.
    Quote Originally Posted by Chuck Whitlock View Post
    It would do us well to remember that the information at hand is from a news report, which I'm sure we've all experienced that they don't necessarily have all their facts in order.

    I am reminded of a fatal crash years ago, which the news article stated was on a highway number that is nowhere near our jurisdiction.

    The guy in question is likely from the DA's office, but could be the DA, ADA, or a DA's investigator.
    The information in the news is accurate, and it was the DA.

  7. #17
    According to this he is: https://tennesseeda.org/district-31/

    I don't think in smaller jurisdictions it is unusual for the District/County attorney to be pretty familiar with the investigating officers of agencies in his jurisdiction, and in smaller jurisdictions every officer.

    Sometimes these guys take their responsibility as 'Chief Law Enforcement Officer of the District/County' a little too seriously.

    I remember one night being in the squad room when the then County Attorney showed up with a bunch of the PD and SO investigators, the CA had a shoulder holster on and was wearing his CA buzzer. They were raiding a cockfight.

    Hey now, hey now
    What's the matter with you?
    DA's just wanna have fun now
    come on...

    Hey now, hey now
    What's the matter with you?
    DA's just wanna have fun now

    That's all they really want
    some fun
    when the working day is done
    you know DA's, they want to have fun
    Adding nothing to the conversation since 2015....

  8. #18
    STAFF Hambo's Avatar
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    Quote Originally Posted by TC215 View Post
    Nope. Another District Attorney was called in from another area of the state and requested the investigation. That DA made the decision on charges.

    The information in the news is accurate, and it was the DA.
    I'm not questioning the details in the news account. There are a couple of questions I have that were not answered in the account.
    "Gunfighting is a thinking man's game. So we might want to bring thinking back into it."-MDFA

    “It worked pretty good if you could shoot.” -Pat Rogers

    "Expect to get shot at. Don't let it freak you out."-VCSO deputy

  9. #19
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    Legally speaking, don’t prosecutors risk losing their absolute immunity to civil liability if they involve themselves directly in enforcement actions? If my job afforded me absolute immunity, I would not be keen to lose it for the sake of a field trip.

  10. #20
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    Quote Originally Posted by Le Français View Post
    Legally speaking, don’t prosecutors risk losing their absolute immunity to civil liability if they involve themselves directly in enforcement actions? If my job afforded me absolute immunity, I would not be keen to lose it for the sake of a field trip.
    It's probably very jurisdiction-dependent (because each jurisdiction spells out the duties a bit differently) but I would certainly think so in mine and a few others I know about. When I was an ADA, for instance, I was authorized to carry in the office, and when I was practicing in rural courts with understaffed security I had the go-ahead from about half a dozen judges to carry in the courtroom. But that was always pretty clearly for personal defense and defense of the judge if defendants tried to get violent. What I was NOT authorized to do was arrest or exercise any police powers. I also wasn't trained in custody and control, less lethal, de-escalation, investigation, combat first aid, etc. I was literally just a lawyer with an M&P Shield.

    I can't imagine even a very generous reading of my duties would have included actively assisting with a warrant execution or arrest. Would be hard to argue the immunity applied. It would likely be a similar but different analysis to respondeat superior (employer liability) - was this what you were supposed to be doing, or was this a "frolic and/or detour"?

    Seems pretty frolic-like to me.

    Again, I know there are jurisdictions where DAs essentially have police powers by statute and in those jurisdictions the immunity likely applies. And this is a very armchair, off-the-cuff analysis so I could be wrong. But I can say I definitely would never have done it, lol.

    Edit: As noted, I did sometimes appear on scenes where it was a part of my duties, most often lethal or heavy-injury DWUIs, since I was the office DWUI specialist at the time and was there to make sure any evidence we needed got gathered/recorded, and to get a feel for the site of the incident for trial preparation, but by the time I got there Defendants/victims weren't there anymore and the scene was staffed and contained.
    Last edited by LockedBreech; 12-19-2024 at 01:49 PM.
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