Skip to comments.DA: Elk Grove police officer justified in shooting handcuffed suspect
Posted on 08/01/2011 7:59:52 PM PDT by smokingfrog
An Elk Grove police officer acted lawfully in January when he fired his AR-15 rifle at a handcuffed suspect, seated in the back of a patrol car, who officers thought may still have been armed, according to Sacramento County District Attorney Jan Scully.
No weapon was found on then-32-year-old John Hesselbein when officers searched him for the second time after the shooting.
In her 11-page letter to police Chief Robert Lehner absolving the officer of any criminal liability, Scully argued that the officer had reason to believe Hesselbein was dangerous and that the officer "had the right to act in self-defense and in defense of his fellow officers."
Hesselbein was shot Jan. 30 after his wife called police to report he was drunk and abusive. His cheek was grazed by the rifle round.
Later, Hesselbein pleaded no contest to battery on a spouse in connection with the incident.
(Excerpt) Read more at blogs.sacbee.com ...
Aren't you supposed to search the suspect for weapons before you put him in the back of the patrol car?
Thank God the thug was a bad shot
Sounds like he murdered the suspect and made up a story to cover his ass.
An opinion of the DA doesn’t mean much. If the guy wants to sue the LEO for the wound and the risk then he certainly can. Probably he can also try for the attempted murder even despite this DA - a single man can’t issue “get away with murder” cards. Not supposed to, at least.
Can’t take any chances with those drunks. I have a great thought let’s create a force to protect unarmed citizens rather then shoot them.
No words. Just. No. Words.
Wow, taking a RIFLE shot at someone handcuffed in the back of the patrol car?!
I guess the real question is; Why didn't the 'officer' have a throw-down to plant on him?
Woulda made the whole "I was in fear for my life" thing more believable.
Somebody didn't follow standard serve and protect protocol.
The last time (and only time) I was hand cuffed was in 1966. My hands were behind my back in cuffs. If I had access to a weapon about the only thing I could have shot would have been my ass. The only way I could have been a threat is if I managed to kick open the locked door or tear down the barrier with my teeth. At this point it would have been necessary for the officers to stand perfectly still and while I would be mooning them to use a weapon against them.
I suspect that before this would have been allowed to occur an officer would have laid a billy club upon my head with great vigor and enthusiasm.
The story stinks.
More evidence that Sacramento is a cesspit.
Guy totally forgot his training. You're not supposed to handcuff them before you shoot them - it makes it more plausible when you plant the gun or knife on them, and then say that you "feared for your safety."
The officer needs to watch the training video again, obviously.
“Hesselbein was shot Jan. 30 after his wife called police to report he was drunk and abusive. His cheek was grazed by the rifle round.”
Yea, well it was pretty apparent that he was outmatched /s
Attempted murder, then.
I guess the real question is; Why didn’t the ‘officer’ have a throw-down to plant on him?
The standard throwdown now is a memory stick loaded with kiddie porn ,, under $10 and great for getting your target double digit years as the team girlfriend ... not so good at giving you an excuse to shoot.
“Not murdered”. What a defense.
Not murdered because they were shooting the dog instead?
Not murdered because the pig was a poor shot?
I feel much safer knowing the pigs are out there to only shoot me in the face after I have been handcuffed. We are their enemy. They are ours. I am disgusted by what the pigs get away with...
Meet the new boss.
No, a correction of the mistake. Attempted murder could be a reasonable charge, though.
Yeah, that could probably be established in court.
Hard to argue for murder when the victim isn’t six feet under.
Cuffed in the front? If he was cuffed in the back there’s no way he could be a threat.
My question is how did this officer miss with a rifle shooting at an immobile suspect in the back od a squad car.
Sounds like a negligent “oops, my finger was on the trigger” shooting.
I’m trying to imagine what would happen if I, Joe Average, did this.
The suspect was probably impolite and gave the officer no choice but to shoot him while handcuffed in the police car.
There is no way for this shooting to be justified.
I would be surprised if he was cuffed in the front, but I suppose its possible.
The officer purposefully squeezed the trigger.
Sorry, I mis-read your intent and posted too quickly. Please acceot my apologies.
Let me see if I’ve got everything:
1. You have reason to believe a man you already searched for weapons, cuffed, and placed into the back of a police vehicle is still armed.
2. Officer, believing for some reason that our perpetrator can fire this mystery weapon with his mind, his tongue, or his unusually dextrous penis that can unzip itself, takes aim at the suspect with an AR-15 assault rifle.
3. Officer is wielding a long gun here. Not a Glock .40, 9mm, or a .45, nope an AR-15.
4. The officer aims at the threatening, handcuffed perp, shoots, and MISSES. Let’s set aside for a second that he’s in the back of a patrol car and handcuffed. How far was Serpico away from the suspect when he took his shot?
5. I can’t stand lawyers, but this is one time where some flesh eating mouthpiece should just seek to own these morons for every taxpayer nickel.
We had a similar incident in our town here. Officer put 7 rounds in an unarmed suspect sitting in a parked vehicle from behind.
We have an LEO problem in the US right now.
From the article:
When confronted with Mansur standing and reaching for Michaels weapon; "There is no evidence that Ali Mansur made contact with the appellants weapon. At that point, the appellant (Michael), in full battle armor, with much of his platoon standing nearby, ready to defend him, did not keep moving to the left away from the victim into the vast expanse of desert, did not shout for assistance, but instead shot the victim two times." So if a police officer in America has his gun pointed at a known killer and that killer suddenly lunges for his gun the police officers only option is to turn and run while yelling for backup?
Apology accepted. :-)
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