One that ended well!!!!
Moderators: carlson1, Charles L. Cotton
One that ended well!!!!
Here is a story from Bonham Texas, about 1 Hour north of Dallas....
http://news.[name automatically deleted].com/hd/News/Bonham-police
Just glad it ended the way it did.
http://news.[name automatically deleted].com/hd/News/Bonham-police
Just glad it ended the way it did.
Re: One that ended well!!!!
Sounds like it went about as well as it could. Glad nobody was hurt.
IANAL, what I write should not be taken as Legal Advice.
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Re: One that ended well!!!!
There was no need to handcuff the CHL holder.
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Re: One that ended well!!!!
It sounds fair enough to me. At least until the officer has a chance to sort everything out. The police arrive on the scene one man is holding a drunk angry man against his will. Proper training dictates that the first officer controls the scene. As far as he knows upon arriving he has two bad guys one armed with a gun the other with a knife. The Biker got to go home that night. uninjured with no charges against him, I think he made out pretty well under the circumstances.Rex B wrote:There was no need to handcuff the CHL holder.
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Re: One that ended well!!!!
It sounds like the biker was still holding the drunk at gunpoint when the LEOs arrived. While the CHL probably didn't need to be handcuffed I don't fault the officers for it.Rex B wrote:There was no need to handcuff the CHL holder.
IANAL, what I write should not be taken as Legal Advice.
"Why I may disagree with what you say, I’ll fight to the death your right to say it."
"Why I may disagree with what you say, I’ll fight to the death your right to say it."
Re: One that ended well!!!!
Yeah, I'd personally be surprised to NOT be handcuffed while things got sorted out in that situation.
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Re: One that ended well!!!!
From a third-person point of view, I can agree with the LEO.
If I had been the CHL-person, I would have been angry and offended.
I would have to get over it...
If I had been the CHL-person, I would have been angry and offended.
I would have to get over it...
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Re: One that ended well!!!!
When the officer arrived and saw a gun pointed at someone, he's pretty sure that a crime has been committed. The question is what is the crime and who committed it. It's perfectly reasonable to restrain everyone involved until it all gets sorted out.
I don't have a problem with what the officer did. Sounds like good basic police work.
From the facts in the article I would have done it different. After the first attempt to kill me with the van, I would have tried to stay behind the van, dialed 911 and let them know that a guy in a van had tried to kill me. Avoidance is one of the three parts of the commitment for personal security (the other two: deterrence and deescalation).
I don't have a problem with what the officer did. Sounds like good basic police work.
From the facts in the article I would have done it different. After the first attempt to kill me with the van, I would have tried to stay behind the van, dialed 911 and let them know that a guy in a van had tried to kill me. Avoidance is one of the three parts of the commitment for personal security (the other two: deterrence and deescalation).
Re: One that ended well!!!!
Its kinda hard to dial 911 while riding a motorcycle. If you ask me it should have been two counts of aggrivated assault with deadly weapon. One for the knife and one for the Van.txflyer wrote: After the first attempt to kill me with the van, I would have tried to stay behind the van, dialed 911 and let them know that a guy in a van had tried to kill me. Avoidance is one of the three parts of the commitment for personal security (the other two: deterrence and deescalation).
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Re: One that ended well!!!!
I think the LEO did the right thing also but for some reason if you read the comments on the bottom of the snippit they are bashing the officer pretty bad... Myself if I were in that situation I would not mind at all being hand cuffed or restrained while it was all sorted out because I know I did nothing wrong. Now if it were me and the officer said drop you weapon and he runs over and kicks it away from you sliding and skipping across the concreate I'd be *MAD* lol...
sorry didn't mean to put in a bad word
sorry didn't mean to put in a bad word
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Re: One that ended well!!!!
While working for TDCJ several years ago it was understood that in a disturbance everyone would be cuffed and placed on the floor by the C/Os responding. Please understand that chemical agents and very limited visibility were a couple of the factors that played into this along with no knowing who might be wearing someone elses clothing.Rex B wrote:There was no need to handcuff the CHL holder.
The idea is the same...when the smoke clears, massage your wrist for a few minutes and chalk it up to the experience. Safety is paramount and I find ZERO fault in cuffing someone on a scene such as this.
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Re: One that ended well!!!!
It was a 3rd strike DWI "enhanced" because he had an open container in the vehicle during all of this, 2 counts of aggravated assault (one for the van and one for the knife), and a misdemeanor failure to identify. Said it at the end of the articleWildscar wrote:Its kinda hard to dial 911 while riding a motorcycle. If you ask me it should have been two counts of aggrivated assault with deadly weapon. One for the knife and one for the Van.txflyer wrote: After the first attempt to kill me with the van, I would have tried to stay behind the van, dialed 911 and let them know that a guy in a van had tried to kill me. Avoidance is one of the three parts of the commitment for personal security (the other two: deterrence and deescalation).

As far as the cuffs? I try to always see things from an outsider perspective. I am a police officer and I get a call for a drunk man wielding a knife and another has him at gun point. That is just about all the officer can know for sure. So I think its reasonable to be asked to put down ALL weapons and detain both parties until they can assess the situation. Now...not to make things difficult, but lets throw some hypothetical in there. Some of us adhere to the strict policy of not telling an officer more than you are required to by law. So with that in mind, do you give them "If I am being detained, I choose to remain silent and I want to speak to my lawyer." if you were the biker? I expect to hear a lot of "Well you have nothing to hide and were in the right, so why would you not talk to them?" I would then defer to the youtube video where a lawyer followed by a police officer tell you absolutely you should remain silent and ask for legal council no matter what and follow up with some good situations why. I will look for it when I get home

Re: One that ended well!!!!
From the article...I agree with the Officer. Yes the CHLer was the one that called it in. However the Officer does not know why he called it in. Was it legit? Or was he trying to push blame on the other guy? If you pull a gun on someone and call the cops expect to get handcuffed 'til they can find out what happened. Its not to offend you or say that you are guilty of a crime. Its to protect themselves. Remember you have a gun. For all they know your some crazy who lured them there so you could shhot them. Is that off the wall? Maybe but in this day and age its not unlikely. Again the handcuffing is simply for their protection and as soon as they know you are in the right you will be released.
Great article by the way!
Great article by the way!
Re: One that ended well!!!!
They didn't say don't talk to the police at all. But you have to be a little careful. "I feared for my life, he tried to run me down with his van. I defended myself." After that, you have to be cautious what you say without a lawyer.
Because you must admit that there ARE things that the dude could say that would get him arrested and in hot water.
Because you must admit that there ARE things that the dude could say that would get him arrested and in hot water.