Cop's 'Heart Sank' on Realizing Shots Fired at Minivan Full of Kids (NMSP Shooting w/video)

ABC News ^ | January 17, 2014 | RYAN OWENS Ryan Owens More from Ryan » Correspondent via Good Morning America

[CedarDave]

A former New Mexico state police officer who fired shots at a minivan during a chaotic traffic stop last year had no idea the vehicle was full of children and his "heart sank" when he finally realized it, he told ABC News in an exclusive interview.

Elias Montoya, 53, was terminated in December after he fired three shots at the vehicle carrying a mother and her five children ranging in ages from 6 and 16. Montoya fired the shots after a routine traffic stop evolved into an intense encounter that included a high-speed chase.

"My heart sank when they finally stopped and I was at the passenger side at that time seeing them get out at gunpoint again," he said. "I couldn't believe it that there were that many children in there."

[CedarDave]

Have at it folks. I'll post this in General/Chat to save time as the mods would no doubt move it here if I posted in the News Forum.

Previously posted thread earlier today on another NMSP shooting:
Lawyer: People should be ‘outraged’ (video - NMSP officer shoots, kills driver during traffic stop)

[CedarDave]

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[Responsibility2nd]

This incident was FReeped to death. Last year. When it happened. Several threads.

[Cyber Liberty]

Of course. I shoot into unseen places all the time. Joe Biden told me to.

(The JBT’s heart didn’t “sink” because he shot into a van full of kids. It sank because he knew there’s going to be a s***storm of bad press over it.)

[Secret Agent Man]

Interesting. I wonder if they will use the Joe Biden defense. /semi-sarc

[Navy Patriot]

(The JBT’s heart didn’t “sink” because he shot into a van full of kids. It sank because he knew there’s going to be a s***storm of bad press over it.)

By Jove, you've got it!

[marron]

His heart sank because he knows he’s done.

[Bob]

How many of the shots that he fired hit the vehicle? The story doesn’t say. Could he have been, as he claims, trying to take out a tire?

While that may or may not be proper procedure, it’s clearly different than shooting up the car with unknown occupants inside.

[ansel12]

I posted this last time around.

The cops at the scene, in the know, were using non-lethal force, not shooting, and this guy runs up, not knowing who or what is in the van, and starts shooting at it.

He should not be an armed cop, he is careless and excitable, with bad shooting judgement.

[Cyber Liberty]

Best line from a cop in a fictional TV program (before they all became JBTs): “They [fleeing suspects] can shoot at us. We’re not allowed to shoot at them.”

When shooting at a fleeing vehicle, the best shot in the world is just as likely to hit something behind the moving target. That should be driven into their fat heads before they take their first shot on a range.

Don’t. Shoot. At. Moving. Cars.

[max americana]

His heart sank because he’ll be someone else’s bitch inside prison.

[X-spurt]

I guess in a way its really good the cop couldn’t shoot worth a poop.

And in a way its good he’s no longer pretending to Protect and Serve while sucking up gubmit money.

[Jonty30]

He still did not need to shoot the van, unless she was firing shots at him. He could have, and his fellow officers, could have kept following her and until she ran out of gas or they could have set up a roadblock farther down the road and boxed her in.

The had options beyond expediency.

[JackOfVA]

The “fleeing felon” rule was significantly restricted by the Supreme Court in Tennessee v. Garner, 471 U.S. 1 (1985).

Wikipedia has a decent one-sentence summary of the Garner case:

“When a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.”

From my reading of the press coverage, the predicate for deadly force was completely lacking here.

[SkyDancer]

He had the license plate number right? Just call it in and arrest her at her residence. Cops see too many TV and movie chase scenes.

[CedarDave]

The license plate was from Tennessee. She was in New Mexico.

[CedarDave]

“When a law enforcement officer is pursuing a fleeing suspect, he or she may use deadly force only to prevent escape if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.”

What a can of worms that opens up. Somebody already driving recklessly could be considered to "pose a significant threat of death or serious physical injury to the officer or others." I don't think this helps at all - could be argued either way before a court.

[Bob]

What I’m unclear on is why the cruiser to her left is parked in the traffic lane beside her instead of directly in front of her blocking her in. Is that some standard police procedure that I’m unaware of?

[SkyDancer]

Still - radio is faster than a car. Cop could have called ahead with plate info.

[SgtHooper]

Yup! He’ll be takin shots from behind as well!