Search found 9 matches

by Paladin
Fri Aug 10, 2018 8:39 pm
Forum: Self-Defense Reports
Topic: UT: Screwdriver v Gun, Homework Assignment
Replies: 30
Views: 6449

Re: UT: Screwdriver v Gun, Homework Assignment

Levels of Subject Behavior/Resistance:
a. Compliant
- A subject who is compliant/cooperative with an Authorized Officer’s/Agent’s control efforts.
b. Passive Resistance -
A subject who is not believed to represent an immediate threat or flight risk, and who is not offering physical resistance to an Authorized Officer’s/Agent’s control efforts, but is not cooperative.
c. Active Resistance -
A subject who offers physical or mechanical resistance to an Authorized Officer’s/Agent’s control efforts.
(1) Mechanical Resistance -
A type of active resistance, where a subject uses a mechanical or other object to resist an officer/agent’s control efforts. The subject’s efforts are not directed toward the officer/agent but rather appear intended to thwart an officer’s/agent’s control efforts by physically securing or holding to another object.
d. Assaultive Resistance (Physical Injury) -
A subject whose resistance causes, or has the potential to cause, physical injury to the officer/agent, others, or self. This includes a subject’s attempts (or apparent intent) to make physical contact in an attempt to control or assault the officer/agent.
e. Assaultive Resistance (Serious Physical Injury/Death) -
A subject whose resistance causes, or has the potential to cause, serious physical injury or death to the officer/agent, others, or self.
CBP

Subject certainly wasn't compliant or passive...
by Paladin
Fri Aug 10, 2018 8:29 pm
Forum: Self-Defense Reports
Topic: UT: Screwdriver v Gun, Homework Assignment
Replies: 30
Views: 6449

Re: UT: Screwdriver v Gun, Homework Assignment

There are a variety of textbook factors in selecting use of force:
Factors affecting selection of force
Public safety
- Immediate action required for self-defense or defense of others

Amount and nature of the resistance which must be overcome
- Passive resistance
- Active resistance
- Assaultive resistance
- Life-threatening resistance

Presence of a weapon and type of weapon
- Other Weapons
- Firearms

Seriousness and nature of the offense
- Misdemeanor cite and release
- DUI
- Armed Robbery

Characteristics of the subject as compared to the characteristics of the officer
- Size
- Age
- Knowledge of Capabilities
- History

Availability of assistance
- Number of officers
- Available backup units

Nature and condition of the location and surroundings
- Danger to bystanders
- Availability of weapons
Did the subject actively resist? Here's the definition:
Subjects actions- active resistance
Physically evasive movements to defeat an officer's attempt at control, including bracing, tensing, running away, or verbally signaling an intention to avoid or prevent being taken into or retained in custody

Possible force options
- Control holds and techniques to control the subject and situation
- Use of personal weapons in self-defense and to gain advantage over the subject
- Use of devices to secure compliance and ultimately gain control of the situation
YES

Did the subject assaultively resist?
Subjects actions- assaultive
Aggressive or combative; attempting or threatening to assault the officer or another person

Possible force options
- Use of devices and/or techniques to secure compliance and ultimately gain control of the situation
- Use of personal body weapons in self-defense and to gain advantage over the subject
I'm gonna say yes. She had a weapon in hand, refused to drop it, and waved it aggressively at the officer.

link
by Paladin
Fri Aug 10, 2018 3:27 pm
Forum: Self-Defense Reports
Topic: UT: Screwdriver v Gun, Homework Assignment
Replies: 30
Views: 6449

Re: UT: Screwdriver v Gun, Homework Assignment

Just a few comments from youtube:
Best cop right here! Gave her warnings multiple times and didn't even kill her. This is a hero in my eyes and best cop of 2018!
The officer was pretty cool. Even though he had to shoot, you can tell he was genuinely concerned about her bleeding out.
Social Justice Warriors: "But why don't they just shoot them in the legs?" Cops: "Ok."
It's whack that they said this shooting wasn't justified.
Pretty much asked for it
:iagree:
by Paladin
Fri Aug 10, 2018 3:19 pm
Forum: Self-Defense Reports
Topic: UT: Screwdriver v Gun, Homework Assignment
Replies: 30
Views: 6449

Re: UT: Screwdriver v Gun, Homework Assignment

Rob72 wrote: Fri Aug 10, 2018 10:22 am
"Corporal Dunn confirmed that this type of shooting is inconsistent with his training and that he would not recommend that others take this kind of a shot."
The bolded portions are really the end of the story. "Like last time..." indicates an operational pattern of exceeding training standards and common practice among his peers. Monday Morning QB'ing also includes stating that the officer was justified- he isn't. Applying deadly force means applying deadly force, not, "I can shoot his earlobe off and make him re-think..." The officer fired 3 for 2, where did round #3 go?

I'll be really blunt- yes, men on drugs and women escalate differently than a plain PO'd non-EDP male. I've both de-escalated and ramped up subjects for specific ends, and it is a fine balance. Fundamentally, you have to operate within standards of training and common practice. When we start thinking that we went out of bounds once, and everything worked out, and that now that way of doing things is a new personal standard, we run into trouble. I would note that the DA did not charge him, even though that would have been justified.
Police should never be charged for doing something legal that happens to be outside their training or "common practice"

This officer had above average marksmanship skills, which is why he would not recommend others taking the shot. Round #3 went into the ground, his background was clear.
by Paladin
Fri Aug 10, 2018 3:15 pm
Forum: Self-Defense Reports
Topic: UT: Screwdriver v Gun, Homework Assignment
Replies: 30
Views: 6449

Re: UT: Screwdriver v Gun, Homework Assignment

While I agree that Texas law does not govern this case and burglary of a car is not good justification for shooting a suspect in any jurisdiction, I think several things are very important:

#1. The scene is not under control. Another burglary suspect is inside the building (caught stealing? Was this really just a car burglary? Not clear to me). There is nothing stopping the 2 outside from running and harming the public. The nearest assistance is too far away.
#2. Casimiro is clearly mentally disturbed and suicidal
#3. Casimiro's partner in crime is being coerced by Casimiro (weapon in hand) to stay, putting his life in danger(hostage?)
#4. Casimiro's mentally disturbed, aggressive behavior could led her to charge the police at any time, in which case the officers would most likely fire center-of-mass
#5. Coporal Dunn clearly stated that shooting Casimiro in the leg was an attempt to save Casimiro's life. The relevant law UCA 74-2-404 is explicit that deadly force can be used to prevent the death of Casimiro.
#6. If anyone here thinks that engaging a mentally disturbed, suicidal criminal holding a bladed weapon/screw driver in hand using pepper spray or a baton is viable... I would urge them in the strongest terms to get better training. I truly don't want to see good people die because of bad training.
by Paladin
Thu Aug 09, 2018 8:46 pm
Forum: Self-Defense Reports
Topic: UT: Screwdriver v Gun, Homework Assignment
Replies: 30
Views: 6449

Re: UT: Screwdriver v Gun, Homework Assignment

CEDAR CITY — Incumbent Iron County Attorney Scott Garrett announced he is withdrawing his candidacy in this year’s election and will not seek a fifth term.
:thewave

If he can't properly interpret the law after all those years Scott Garrett isn't qualified for the job.
by Paladin
Thu Aug 09, 2018 8:04 pm
Forum: Self-Defense Reports
Topic: UT: Screwdriver v Gun, Homework Assignment
Replies: 30
Views: 6449

Re: UT: Screwdriver v Gun, Homework Assignment

WTR wrote: Thu Aug 09, 2018 2:42 pm No one’s health was at risk. The Officer closed the distance and placed himself in peril ( if there was any). Your attitude of “I’m going home safe tonight” has gotten innocent people killed. The job is inherently dangerous. If you can’t take the heat, get out of the kitchen.
The police in the video were responding to a burglary. The criminal appears to have a bag of loot and was actively resisting arrest. It was their job to close the distance and make the arrest. He tried to talk, he tried the taser, and he did what he had to do to stop her without anyone being killed.
Texas Penal Code - PENAL § 9.42. Deadly Force to Protect Property

A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41 ;  and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;  or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;  and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means;  or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
by Paladin
Wed Aug 08, 2018 8:09 pm
Forum: Self-Defense Reports
Topic: UT: Screwdriver v Gun, Homework Assignment
Replies: 30
Views: 6449

Re: UT: Screwdriver v Gun, Homework Assignment

WTR wrote: Wed Aug 08, 2018 7:36 pm
TreyHouston wrote: Wed Aug 08, 2018 6:58 pm
WTR wrote: Wed Aug 08, 2018 6:44 pm
Paladin wrote: Wed Aug 08, 2018 5:36 pm Honestly I thought the police officer did an outstanding job.

Looked like a failed attempt at suicide by cop to me. Criminal suspect waiving a weapon in a threatening manner saying "let's go... go ahead and blow[shoot]."

Officer should get an award for that. :txflag:
Total fail by Officer. Officer had an open field of engagement. Officer failed in his use of non lethal means. Officer actually closed ground and was not "chased" as the report states. Total fail in my opinion.
So should he have just run away or get stabbed first? He tried the taser and that didn’t work! These things can happen when you have a weapon and don’t comply.

He closed ground and put himself in a compromising situation. A bean bag round would have knocked the snot out of her. Also I saw two Officers present. Should have been able in handle her without shooting her,
He was making an arrest on an armed subject. The armed subject laughed off the taser and the threat of force. I don't see any bean bag gun present. Do you?

I think another officer might have shot her dead. I've seen videos of people shot dead for a lot less.
by Paladin
Wed Aug 08, 2018 5:36 pm
Forum: Self-Defense Reports
Topic: UT: Screwdriver v Gun, Homework Assignment
Replies: 30
Views: 6449

Re: UT: Screwdriver v Gun, Homework Assignment

Honestly I thought the police officer did an outstanding job.

Looked like a failed attempt at suicide by cop to me. Criminal suspect waiving a weapon in a threatening manner saying "let's go... go ahead and blow[shoot]."

Officer should get an award for that. :txflag:

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