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 ...
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 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?
Apology accepted. :-)
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