Search found 2 matches

by Flightmare
Fri Apr 05, 2019 12:23 am
Forum: The Crime Blotter
Topic: 5 Officers Shot In Houston - Pray
Replies: 489
Views: 24898

Re: 5 Officers Shot In Houston - Pray

srothstein wrote:
Thu Apr 04, 2019 11:51 pm
WildBill wrote:
Thu Mar 28, 2019 3:17 pm
Jusme wrote:
Thu Mar 28, 2019 2:30 pm
I believe that a bill should be introduced, in the legislature, that mandates, that no law enforcement agency, in Texas, can do it's own internal affairs investigation, in any officer involved shooting, or death of a person in custody ...
Jusme, I understand where you are coming from, but I don't think that this would work. I have no idea how many cases there are every year in Texas, but I would think it would be too cumbersome and inefficient. :tiphat:
I actually like this idea but it won't work for one major reason. When an agency investigates its own officers, it can legally force officers to make a statement. This is because an internal investigation can be for internal discipline and the findings not used for a criminal case. The forced statement is not admissible in court for criminal purposes. There was a Supreme Court case on this, known as Garrity v. New Jersey. When an outside agency does the investigation, it cannot compel the officers to make a statement.

If this can be handled in the law requiring the outside investigation, I could support this, as could many officers (obviously some will never support it). And it might be done by modifying the current law. The law requires every in custody death to be reported to the AG. This includes deaths that occur while attempting to take the person into custody, such as chases.

I would even support just expanding that law to require every officer involved shooting where a human being is targeted to be reported to the AG. That would at least be a step in the right direction.
If the internal investigation and officer statement is not admissible in court for criminal purposes, and would be used for violations of policy; what would be the issue in having the external agency investigate potential violation of the law?
by Flightmare
Mon Mar 04, 2019 11:18 pm
Forum: The Crime Blotter
Topic: 5 Officers Shot In Houston - Pray
Replies: 489
Views: 24898

Re: 5 Officers Shot In Houston - Pray

twomillenium wrote:
Mon Mar 04, 2019 10:10 pm
I do not understand that more than a month after the illegal raid why no charges have been filed. The fact that the warrant was illegally obtained and resulted in the death of two people should result in at least one person, if not more, should be charged with two counts of murder. I have not heard any ballistic reports. How many of the officers were shot by "friendly fire"?
I do want to state that I am pro-LEO but any crooked LEO should be prosecuted fully with all possible charges and mandatory maximum sentencing, for taking criminal advantage of their position as an LEO.
2 words: Grand Jury

Return to “5 Officers Shot In Houston - Pray”