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DA: Elk Grove police officer justified in shooting handcuffed suspect
blogs.sacbee.com ^ | 8-1-11 | Kim Minugh

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 ...


TOPICS: Government; Local News
KEYWORDS: banglist; ca; california; donutwatch; elkgrove
Mmmmm...

Aren't you supposed to search the suspect for weapons before you put him in the back of the patrol car?

1 posted on 08/01/2011 7:59:55 PM PDT by smokingfrog
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To: smokingfrog

Thank God the thug was a bad shot


2 posted on 08/01/2011 8:02:21 PM PDT by mylife (OPINIONS ~ $ 1.00 HALFBAKED ~ 50c)
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To: smokingfrog

Sounds like he murdered the suspect and made up a story to cover his ass.


3 posted on 08/01/2011 8:08:48 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: smokingfrog

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.


4 posted on 08/01/2011 8:08:53 PM PDT by Greysard
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To: smokingfrog

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.


5 posted on 08/01/2011 8:09:27 PM PDT by dog breath
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To: 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...

No words. Just. No. Words.

6 posted on 08/01/2011 8:11:16 PM PDT by Talisker (History will show the Illuminati won the ultimate Darwin Award.)
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To: smokingfrog
who officers thought may still have been armed

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.

7 posted on 08/01/2011 8:14:48 PM PDT by JOAT
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To: smokingfrog

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.


8 posted on 08/01/2011 8:15:54 PM PDT by cpdiii (Deckhand, Roughneck, Mud Man, Geologist, Pilot, Pharmacist. THE CONSTITUTION IS WORTH DYING FOR!)
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To: smokingfrog

More evidence that Sacramento is a cesspit.


9 posted on 08/01/2011 8:17:06 PM PDT by Cicero (Marcus Tullius.)
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To: 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

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.

10 posted on 08/01/2011 8:22:08 PM PDT by Titus Quinctius Cincinnatus ("Armed forces abroad are of little value unless there is prudent counsel at home." - Cicero)
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To: Blood of Tyrants

“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.”

Not murdered.


11 posted on 08/01/2011 8:23:09 PM PDT by Immerito (Reading Through the Bible in 90 Days)
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To: smokingfrog
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."

Yea, well it was pretty apparent that he was outmatched /s

12 posted on 08/01/2011 8:26:15 PM PDT by rockrr (Everything is different now...)
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To: smokingfrog

yep


13 posted on 08/01/2011 8:34:27 PM PDT by dila813
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To: Immerito

Attempted murder, then.


14 posted on 08/01/2011 8:42:16 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: JOAT

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.


15 posted on 08/01/2011 8:57:56 PM PDT by Neidermeyer
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To: Immerito

“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.


16 posted on 08/01/2011 9:40:07 PM PDT by LifePath
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To: LifePath

Defense?

No, a correction of the mistake. Attempted murder could be a reasonable charge, though.


17 posted on 08/01/2011 10:07:01 PM PDT by Immerito (Reading Through the Bible in 90 Days)
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To: Blood of Tyrants

Yeah, that could probably be established in court.

Hard to argue for murder when the victim isn’t six feet under.


18 posted on 08/01/2011 10:08:12 PM PDT by Immerito (Reading Through the Bible in 90 Days)
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To: smokingfrog

Cuffed in the front? If he was cuffed in the back there’s no way he could be a threat.


19 posted on 08/02/2011 4:48:42 AM PDT by Impy (Don't call me red.)
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To: smokingfrog

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.


20 posted on 08/02/2011 5:39:15 AM PDT by hattend (As always... FUJM.)
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To: smokingfrog

I’m trying to imagine what would happen if I, Joe Average, did this.


21 posted on 08/02/2011 5:44:46 AM PDT by TankerKC (I feel 271 degrees out of sync today, which isn't half bad.)
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To: Blood of Tyrants

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.


22 posted on 08/02/2011 9:10:47 AM PDT by SaraJohnson
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To: Impy

I would be surprised if he was cuffed in the front, but I suppose its possible.

The officer purposefully squeezed the trigger.


23 posted on 08/02/2011 9:17:44 AM PDT by Immerito (Reading Through the Bible in 90 Days)
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To: TankerKC
Not just joe average, but even our troops in a war zone. If a soldier had shot a prisoner that was in cuffs he would be doing time in Leavenworth.
24 posted on 08/02/2011 9:29:11 AM PDT by eastforker
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To: Immerito

Sorry, I mis-read your intent and posted too quickly. Please acceot my apologies.


25 posted on 08/02/2011 9:46:43 AM PDT by LifePath
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To: smokingfrog

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.


26 posted on 08/02/2011 10:01:43 AM PDT by RinaseaofDs (Does beheading qualify as 'breaking my back', in the Jeffersonian sense of the expression?)
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To: eastforker
ARMY RANGER GOES TO PRISON FOR 25 YEARS FOR SHOOTING AL QAEDA OPERATIVE 

From the article:

When confronted with Mansur standing and reaching for Michael’s weapon; "There is no evidence that Ali Mansur made contact with the appellant’s 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 officer’s only option is to turn and run while yelling for backup?

27 posted on 08/02/2011 10:30:23 AM PDT by TankerKC (I feel 271 degrees out of sync today, which isn't half bad.)
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To: LifePath

Apology accepted. :-)


28 posted on 08/02/2011 10:39:50 AM PDT by Immerito (Reading Through the Bible in 90 Days)
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