Re: CHL holder killed by police in Las Vegas at a Costco
Posted: Sat Jul 24, 2010 7:06 pm
excellent metaphor by the way.03Lightningrocks wrote: to throw sand over their poo.
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excellent metaphor by the way.03Lightningrocks wrote: to throw sand over their poo.
That 911 call needs to be released publicly.OK, I just spoke with one of my riding buddies that is Metro. I won't give names. He JUST told me that the call in to 911 was for shots fired!!!!
The cops reacted crazily because the man was made out to do something he wasn't doing and when the cops reacted accordingly to the man, he was stunned and didn't/wouldn't listen and brought his arm down towards the gun, didn't pull it out though and he got shot.
I think you could charge the caller with involuntary manslaughter but not murder. Nevada laws states "involuntary manslaughter is the killing of a human being, without any intent to do so, in the commission of an unlawful act,". It is a misdemeanor in Nevada to file a false police report that results in the agency having to conduct an investigation. Therefore, the phone call to 911 reporting shots fired would qualify as an unlawful act that led to the killing of a human being.philip964 wrote:Can you charge a 911 caller with murder?
Is the legal criteria for manslaughter malicious intent? On a lot of things like that, it includes recklessness, which is a lower standard of an average citizen knowing it would put a person at risk.Keith B wrote:It would be a hard row to hoe in court proving that a 911 caller had malicious intent, much less intent to get the guy killed, when they placed a call about a man acting suspiciously and carrying a gun in a store. A caller that made a specifically provable false claim, like 'This guy just killed my brother and he has a gun concealed in his waistband and said he would kill any cop that tried to take it from him' when it hadn't happened might be grounds for a case, but I doubt very seriously any of these calls would qualify.
Intent is irrelevant in Nevada law, as I quoted, "involuntary manslaughter is the killing of a human being, without any intent to do so, in the commission of an unlawful act,". So yes, I think the 911 caller could be charged with filing a false police report and involuntary manslaughter.Keith B wrote:It would be a hard row to hoe in court proving that a 911 caller had malicious intent, much less intent to get the guy killed, when they placed a call about a man acting suspiciously and carrying a gun in a store. A caller that made a specifically provable false claim, like 'This guy just killed my brother and he has a gun concealed in his waistband and said he would kill any cop that tried to take it from him' when it hadn't happened might be grounds for a case, but I doubt very seriously any of these calls would qualify.
baldeagle wrote:I think there's no question that Costco is civilly liable, if the report on the Nevada Shooters Forum is accurate.
mgood wrote:baldeagle wrote:I think there's no question that Costco is civilly liable, if the report on the Nevada Shooters Forum is accurate.
It might if the people involved in the shooting had to pay the judgment out of their own pockets but that's not how it works.seniorshooteress wrote:I don't think that filing of, or collecting on, a lawsuit filed against LVPD will change anything about the way they handle things on the street or 911 calls. It will be business as usual for LVPD once all the dust has cleared and this case has gone away.
Police departments are highly political places. They answer to the city council and who they hire as their leadership is primarily a political decision. I don't mean political in the Republican/Democrat context, just the primary definition of the word.seniorshooteress wrote: I don't think that filing of, or collecting on, a lawsuit filed against LVPD will change anything about the way they handle things on the street or 911 calls. It will be business as usual for LVPD once all the dust has cleared and this case has gone away.
Sorry, was typing fast this morning trying to get out to church. Yes, you are correct, it does not require intent. However, calling 911 when you are not sure of the situation would not be considered reckless. I seriously doubt anyone reported anything other than they had a man in the store carrying a gun, which was the truth.Hoi Polloi wrote:Is the legal criteria for manslaughter malicious intent? On a lot of things like that, it includes recklessness, which is a lower standard of an average citizen knowing it would put a person at risk.Keith B wrote:It would be a hard row to hoe in court proving that a 911 caller had malicious intent, much less intent to get the guy killed, when they placed a call about a man acting suspiciously and carrying a gun in a store. A caller that made a specifically provable false claim, like 'This guy just killed my brother and he has a gun concealed in his waistband and said he would kill any cop that tried to take it from him' when it hadn't happened might be grounds for a case, but I doubt very seriously any of these calls would qualify.