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NJ Cop Charged With 1st Degree Murder in MD
Posted: Mon Aug 19, 2013 3:31 pm
by baldeagle
http://legalinsurrection.com/2013/08/nj ... f-defense/" onclick="window.open(this.href);return false;
This is an interesting analysis of a case in Maryland. A NJ cop, on vacation with his family, got involved in a road rage incident and ended up shooting and killing the other driver. He's claiming self defense. And interesting side note is that he's being changed with illegal possession of a weapon, even though he's a LEO and should be immune from that charge. If Maryland wins a conviction on that charge, it poses interesting dilemmas for LEOs nationwide.
Re: NJ Cop Charged With 1st Degree Murder in MD
Posted: Mon Aug 19, 2013 5:29 pm
by chasfm11
It is a common and recurrent theme in avoidance/retreat cases in duty to retreat states like MD that if the defendant had immediate access to a motor vehicle he is invariable expected to have used the rapid mobility provided by that vehicle to avoid the conflict. The failure to do so almost always destroys any claim of self defense as justification for the use of force, particularly deadly force.
I suspect that the weapons charges are going to be the least of Det. Walker's problems.
Re: NJ Cop Charged With 1st Degree Murder in MD
Posted: Mon Aug 19, 2013 6:23 pm
by C-dub
With those kind of crazy laws that LEO might be in deep trouble. I've never had to post bail before, but doesn't it usually take about 10% of whatever the bail is set at? What I'm wondering is where a LEO came up with $100k to pay a bail bondsman with to post bail.
Re: NJ Cop Charged With 1st Degree Murder in MD
Posted: Mon Aug 19, 2013 6:29 pm
by G26ster
C-dub wrote:With those kind of crazy laws that LEO might be in deep trouble. I've never had to post bail before, but doesn't it usually take about 10% of whatever the bail is set at? What I'm wondering is where a LEO came up with $100k to pay a bail bondsman with to post bail.
A $1M house in NJ is not far off the norm for prices of a decent house in that state. A working couple of professionals could afford the mortgage, and the house would be the collateral for the bond. That's my guess.
Re: NJ Cop Charged With 1st Degree Murder in MD
Posted: Mon Aug 19, 2013 6:45 pm
by bizarrenormality
C-dub wrote:With those kind of crazy laws that LEO might be in deep trouble. I've never had to post bail before, but doesn't it usually take about 10% of whatever the bail is set at? What I'm wondering is where a LEO came up with $100k to pay a bail bondsman with to post bail.
Maybe he's friends with somebody in the waste management business in Joisey.