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AZ:Pima Co. agrees to settle over botched SWAT raid
kpho.com ^ | 4 September, 2013 | Morgan Loew

Posted on 09/15/2013 3:19:02 PM PDT by marktwain

TUCSON, AZ (CBS5) -

CBS 5 Investigates has learned that attorneys for Pima County have agreed to settle a case with the family of a slain Iraq War veteran, who was gunned down during a SWAT raid at the vet's home.

In the original claim, Jose Guerena's family demanded $20 million. The family's attorney, Christopher Scileppi, confirmed that the sides has reached an agreement, but that it still needed the approval of the county board of supervisors and the court. He did not say how much the family would receive in the settlement.

At issue was whether an innocent man was killed in the raid, and whether the detectives on the case had done enough investigation to warrant a SWAT team entry.

The raid took place on May 5, 2011 in a housing development outside Tucson. Video of the event shows SWAT members banging on the front door, announcing themselves and setting off flash-bang grenades in the backyard. After knocking down the front door, SWAT members fired more than 70 shots into the home.

A news release issued that day alleges that the SWAT members were confronted by Jose Guerena, who was carrying an AR-15 assault rifle and opened fire on the deputies. Four days later, PCSD released an updated version of the events, which indicated Guerena was carrying the firearm, but never opened fire. According to the second release, the gun's safety was on.

"Guilt by association. They thought that his brothers may be involved in some sort of drug trafficking organization, activity, whatever the case and they thought well, we'll just hit this house too," said Scileppi in November of last year, when CBS 5 Investigates first looked into the shooting.

Scileppi said Guerena and his wife believed they were the victims of a home invasion.

(Excerpt) Read more at kpho.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Arizona
KEYWORDS: az; banglist; guerena; guncontrol; secondamendment; swat
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I remember this raid. There was a lot of discussion on freerepublic about it.
1 posted on 09/15/2013 3:19:02 PM PDT by marktwain
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To: marktwain

Was this guy the midnight-shift copper miner?


2 posted on 09/15/2013 3:20:57 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: marktwain

yes and they still gunned down’an innocent person in a home invasion by badged thug. no one gets fired, no one loses their pensions, no one goes’to jail.

get recording stuff on you and hidden in the house where they can’t find it/get to it.


3 posted on 09/15/2013 3:22:53 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: DuncanWaring

Yes. That is the incident.


4 posted on 09/15/2013 3:23:09 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: DuncanWaring

He worked at a mine, yes. A needless killing by law enforcement who decided to use SWAT for the purpose of executing a search warrant at his home to procure evidence of a crime. The victim had the audacity to arm himself after being rudely awakened by the mob surrounding his home and forcing their way into it.


5 posted on 09/15/2013 3:25:06 PM PDT by chulaivn66 (Semper Fidelis)
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To: marktwain

A few dozen more successful lawsuits and maybe cops will think twice about using SWAT where the threat is minimal. SWAT teams have a great way of increasing the threat to everyone involved in my opinion.


6 posted on 09/15/2013 3:31:27 PM PDT by B4Ranch (AGENDA: Grinding America Down ----- <<http://vimeo.com/63749370)
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To: chulaivn66

The name of the man killed was Jose Guerena. The incident prompted my rage to the degree I made my first and only post to this site.

Of course the resultant citizen outcry generated the prompt removal of the elected Sheriff of Pima County, one Clarence Dupnick, and the firing of the officers involved who were “only following orders”. /s

Happy motoring!


7 posted on 09/15/2013 3:33:55 PM PDT by chulaivn66 (Semper Fidelis)
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To: chulaivn66

The citizens canned Dipstick? That’s good news!


8 posted on 09/15/2013 3:38:31 PM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: donna; Lazamataz; marktwain

Pssst...Hey Donna...wanna come piss on this marine’s grave some more? Or do you want to do the morally right and intellectually honest thing and admit your grave pissing was wrong?


9 posted on 09/15/2013 3:40:55 PM PDT by Vigilantcitizen
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To: chulaivn66

I am so glad to hear that Sheriff Dipstick was removed from office. Thanks for the update.


10 posted on 09/15/2013 3:43:23 PM PDT by Valpal1 (If the police can t solve a problem with brute force, they ll find a way to fix it with brute force)
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To: B4Ranch

Why would they care? The lawsuits do not affect them, just the taxpayers.


11 posted on 09/15/2013 3:44:53 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: B4Ranch

Since the insurance company and the local taxes pay for the lawsuits the cops will just keep doing this.

Until the cops who plan and participate in these raids are taken to task, arrested, charged, imprisoned, and sued personally for everything they are worth it’s going to keep happening.


12 posted on 09/15/2013 3:45:29 PM PDT by Jack Hydrazine (I’m not a Republican, I'm a Conservative! Pubbies haven't been conservative since before T.R.)
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To: Valpal1; Navy Patriot

I think you both missed the /s tag. The democr@p sherrif still has his job. See http://en.m.wikipedia.org/wiki/Clarence_Dupnik


13 posted on 09/15/2013 3:48:37 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: piytar

Did miss the sarc tag.


14 posted on 09/15/2013 3:51:34 PM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: B4Ranch
A few dozen more successful lawsuits and maybe cops will think twice about using SWAT where the threat is minimal.

Not until they're held personally liable. Paying settlements with taxpayers' money doesn't harm them a bit.

15 posted on 09/15/2013 3:54:30 PM PDT by BfloGuy (People who know what they’re talking about don’t need PowerPoint.)
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To: Secret Agent Man

The shooting started when a deputy tripped, and had an accidental discharge as they were about to enter. The keystone cops responded to that by shooting up the building, and then waited for the serviceman to bleed out.

They deliberately let him die. What did they care? Their families are safe, or so they think.

I think that the names and addresses of the officers involved should be made public, “as a lesson to others.”


16 posted on 09/15/2013 3:55:34 PM PDT by donmeaker (I)
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To: B4Ranch

“A few dozen more successful lawsuits and maybe cops will think twice....”

I don’t mean to be contentious, but I’m afraid it’ll take more than that.


17 posted on 09/15/2013 3:58:14 PM PDT by jocon307
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To: piytar

Crap, the fact that voters won’t even bother to remove trash like Dipstick from office is disheartening.


18 posted on 09/15/2013 4:01:22 PM PDT by Valpal1 (If the police can t solve a problem with brute force, they ll find a way to fix it with brute force)
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To: marktwain
Glad the family gets some compensation, but it is sickening that none of the people responsible, including Dipstick, are in jail.
19 posted on 09/15/2013 4:10:47 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: piytar

Misinterpretation understood and from now on I won’t use the abbreviation. Thanks piytar.


20 posted on 09/15/2013 4:12:58 PM PDT by chulaivn66 (Semper Fidelis)
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To: marktwain
"This group of individuals has been surveiled for a six-month period. There's no pattern to suggest that a legitimate work routine exists. No one ever went to a place of business and stayed for any significant period of time."

Um... Maybe they were obama voters, except the victim since he was working 12 hr shifts.

These thugs need to be punished by jail time. Giving taxpayer money to the family will not stop these jackboots.

21 posted on 09/15/2013 4:25:00 PM PDT by Eagles6 (Valley Forge Redux)
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To: chulaivn66
Of course the resultant citizen outcry generated the prompt removal of the elected Sheriff of Pima County, one Clarence Dupnick,
*********************************************************************
Better look again. The Pima County Sheriff's Office website lists Clarence W. Dupnick as Sheriff along with his picture. So if the voters did remove him from office, we need an iinvestigation since he is still there. Wikipedia also lists him as the current Sheriff of Pima County.
22 posted on 09/15/2013 4:26:30 PM PDT by Tupelo (There are no Republicans or Democrats in Washington. Just Millionaires protecting their turf.)
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To: Tupelo

Oops! I missed the /s tag also.
shame on ME.


23 posted on 09/15/2013 4:27:48 PM PDT by Tupelo (There are no Republicans or Democrats in Washington. Just Millionaires protecting their turf.)
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To: marktwain

Quote from Guerena’s family atty:
“Guilt by association. They thought that his brothers may be involved in some sort of drug trafficking organization, activity, whatever the case and they thought well, we’ll just hit this house too,” said Scileppi in November of last year, when CBS 5 Investigates first looked into the shooting.”

How about this scenario from the corrupt a-hole Sherrif Dupnick who handled the Gabby Giffords case soooo well. An ultra lefty... this guy: The dope team focused on the entire family to tip off the one member who is their “pay-man” for graft. That one member is still free and “in business”-— There is a great deal more to this story than is being reported here.

A decent working Iraq US Veteran comes home from late shift at the copper mine, dead asleep and they execute a no-knock raid? Under what judge’s OK was this— what probable cause?
Outrageous.

Remember Dupnick is anti-gun— so this poor guy has one of the “to be banned” guns in known possession— he makes an example of him. All the while, like the good liberal— he’s on the take. This stinks.


24 posted on 09/15/2013 4:35:05 PM PDT by John S Mosby (Sic Semper Tyrannis)
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To: marktwain

A whole bunch of “FReepers” should be ashamed of themselves.


25 posted on 09/15/2013 4:48:00 PM PDT by Politicalmom (Modern "Peace Officer" motto-"We have to go home at night, we don't care if you do.")
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To: B4Ranch

The lawsuits do nothing to change the minds of police, especially the SWAT fools.

They’re not paying the bill. The taxpayers are.

If the awards came out of their paychecks or pension funds, then it might change their minds.

The only thing that will change their minds is when these awards directly affect them. Most SWAT teams are both stupid, and not needed. Here where I live, we have a SWAT team. Guess how many times they’re used? Almost never. They should be disbanded completely, they’re just a dead weight on the county/city budget.


26 posted on 09/15/2013 4:49:38 PM PDT by NVDave
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To: piytar
Why would they care? The lawsuits do not affect them, just the taxpayers.

It needs to affect the taxpayers. Harshly. My only problem with the lawsuit is that they were only asking for $20 million. It should have been $20 billion. The vaunted taxpayers decided to keep these dangerous animals well fed and well armed. If you have a big attack dog, refuse to keep it on a leash and it mauls the lady across the street, you bet your ass you're on the hook. Same goes for the animals they gave badges and guns. The county should have been bankrupted requiring a tripling off taxes across the board. Bet those "support law enforcement" bumper stickers come off of cars in a hurry and cops find their neighbors a little less friendly to them after that.

27 posted on 09/15/2013 4:50:21 PM PDT by Orangedog (An optimist is someone who tells you to 'cheer up' when things are going his way)
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To: marktwain

Yep, I remember.

A whole lot of boot-lickers claiming that the kid deserved to get shot.

Sooner or later, “conservatives” are going to get their heads out of their rectums on this stupid “back law enforcement under all conditions” habit they have.


28 posted on 09/15/2013 4:50:50 PM PDT by NVDave
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To: Orangedog

Most of these SWAT teams were set up without the taxpayers noticing. Some police chief decides that they need a SWAT team and that the next town/city over in the next county has one, so we all know what happens, right?

The police chief starts having penis envy of the next town over, and next thing you know, the taxpayers wake up one day to discover they have a SWAT team. It isn’t as tho this sort of thing goes on the ballot, you know. It’s all done administratively within the PD.


29 posted on 09/15/2013 4:52:45 PM PDT by NVDave
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To: piytar; Jack Hydrazine; BfloGuy; NVDave

The lawsuits will get the local legislators in trouble with the voters. When the Mayors and City Managers get fed up with fending off the phone calls and spending more than planned for elections, then the Police Chiefs will hear about it.


30 posted on 09/15/2013 5:05:56 PM PDT by B4Ranch (AGENDA: Grinding America Down ----- <<http://vimeo.com/63749370)
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To: marktwain

If they elected Sheriff Dumbsh!t and his band of misfits, then the taxpayers should pay through the nose .... maybe they will choose differently next time ... if not they will surely pay again.


31 posted on 09/15/2013 5:06:07 PM PDT by RetiredTexasVet (Progressives when they fail blame others and do the same thing again expecting different results)
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To: NVDave

It isn’t as tho this sort of thing goes on the ballot, you know. It’s all done administratively within the PD.

I believe most of it is done with federal funding.

Perhaps someone with experience with this can say, but I know there are federal dollars available for lots of local police gear.


32 posted on 09/15/2013 5:09:17 PM PDT by marktwain (The MSM must die for the Republic to live. Long live the new media!)
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To: B4Ranch

No, they won’t.

Listen, I’ve been tracking this type of issue and I’ve never, ever seen the taxpayers properly informed of the total costs of these sorts of settlements. Every legislator finds a way of burying these settlement costs into the general budget and rolling the costs forward in the next bond issuance.

The solution to this is for conservatives to stop backing the police. Cops already know that liberals don’t like them. Quit giving the police political cover for their cowardice and thuggery. Cut their budgets, regardless of whether they’ve done anything wrong. Cut their pensions, cut their equipment budgets, Republicans should stop programs to allow LEO’s to buy surplused military gear, dogs, you name it.

The cops should come away from this period of time with one, unequivocal assessment: “We screwed up, and now we’re hated by everyone.”


33 posted on 09/15/2013 5:12:22 PM PDT by NVDave
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To: Tupelo

No need. My use of the abbreviated form of the sarcasm tag /s is responsible for your reply. Appropriately pointed out by ‘piytar’ earlier. You must have missed it also.


34 posted on 09/15/2013 5:25:55 PM PDT by chulaivn66 (Semper Fidelis)
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To: NVDave

I don’t care if it never got a vote by the taxpayers. Two things need to have the foundations knocked out from under them: taxpayer apathy and this mindless “support law enforcement” mentality by the general public. Maybe when their beloved pets with badges start costing them enough in tax increases where it takes food off of the table, things will change. You sure as hell will never get those animals held individually accountable with those two things I mentioned above still in place.


35 posted on 09/15/2013 5:31:29 PM PDT by Orangedog (An optimist is someone who tells you to 'cheer up' when things are going his way)
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To: Orangedog

I completely agree with what you just posted.

I’m just saying that the taxpayer typically (in the vast majority of cases) never voted for a SWAT team to be created, the taxpayers never get a vote on police compensation packages or pensions, nor on the militarization of PD’s. It just happens very quietly, then something happens.

The first step is to stop the “support the police” mentality. There’s no reason any more for the public to “support police.” They’ve become a standing army, their comp packages are eating the budgets of cities, towns and counties wholesale, their pensions are under-funded in the majority of states (which will come to light next year when the new GASB accounting rules kick in) and the officers themselves are increasingly acting like a bunch of armed lunatics running loose in the streets.

It’s time to put a stop to these abuses, and I think the best way to do it would be for gadflies to start an effort to give a full accounting to the taxpayers how much they’re paying in taxes per year for this crap. Then, with the baseline framework in hand, it will be easier to update the costs to the taxpayers every time a new comp package is negotiated, every time a judgement is handed down with the taxpayers on the hook, etc.


36 posted on 09/15/2013 5:45:14 PM PDT by NVDave
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To: B4Ranch

This will not happen unless members of the SWAT teams will be held criminally liable. Don’t forget that all similar lawsuits are settled with taxpayers money.


37 posted on 09/15/2013 5:48:11 PM PDT by QQQQ
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To: B4Ranch

>> “A few dozen more successful lawsuits and maybe cops will think twice about using SWAT where the threat is minimal.” <<

.
I’m sure that you know better than that.

They’ll think twice when swat commanders go to jail for long enough to pay for a life casually taken. (40 years?)
.


38 posted on 09/15/2013 5:58:08 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: marktwain

Its obvious that the police here were overfunded. Time to get those budgets cut to size. The problem you run into, though, are the folks who think that a police presence makes them safer. Obviously this family would beg to differ. But the problem remains: most people are afraid of crime and (erroneously) think an increased police presence makes them more safe. So over time you need to change hearts and minds.

Happily we already have the tools to accomplish the objective. The Tools of Liberty. It occurs to me that if even 10% of the population chose to Open Carry, violent crime would largely be a thing of the past. And withit, the need for bloated police departments with the time and resources to play keystone kommandos.


39 posted on 09/15/2013 6:06:40 PM PDT by RKBA Democrat (Power disintegrates when people withdraw their obedience and support)
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To: marktwain

Not one tenth of enough.
bankrupt that Commie Lib cesspool and start over. Spit


40 posted on 09/15/2013 6:36:02 PM PDT by S.O.S121.500 (Case back hoe for sale or trade for diesel wood chipper....Enforce the Bill of Rights. It's the Law!)
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To: donmeaker
Their families are safe, or so they think.
DITTOS

41 posted on 09/15/2013 6:44:22 PM PDT by S.O.S121.500 (Case back hoe for sale or trade for diesel wood chipper....Enforce the Bill of Rights. It's the Law!)
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To: Navy Patriot

Further, the same Dipstick is associated with mother of the Gabby Giffords shooter, and continually covered the kids record. Also, downplayed that the kid had a satanic alter in their backyard. Dipstick stressed that it was a 2nd amendment problem. Pima County, what are you thinking?


42 posted on 09/15/2013 8:44:36 PM PDT by SisterK (the God of peace will crush Satan under your feet shortly Romans 16:20)
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To: SisterK

“Pima County, what are you thinking?” College town. Far too many ignorant people. Democratic Party stronghold headed the way of Detroit. If it weren’t for the college this place would fold. $230 million blown on a project called Rio Nuevo. Aptly named as it provided a New River of money to consultants and other assorted wheeler-dealers while producing nothing tangible. A Rainbow Bridge across the 10 Freeway downtown was all the rage. Now they’re installing a streetcar line from the college into downtown. They towed the streetcar down the line the other day to make sure it fit the areas it was meant to pass through. The overhead electric lines to run it aren’t installed as yet. Downtown is a typical Dem nightmare. Most of the surrounding area is populated by structures that made it through the last depression.

Do me a favor. Don’t come here. Spend your hard earned vacation dollars in Phoenix or Northern Arizona. Prescott or anywhere on the Mogollon Rim country. Hopefully the infant black hole here will enlarge enough to swallow this place and take the commies into the next dimension.


43 posted on 09/16/2013 12:03:43 AM PDT by chulaivn66 (Semper Fidelis)
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To: chulaivn66
Don’t come here. Spend your hard earned vacation dollars in Phoenix or Northern Arizona.

But, the property and everything is sooo cheap! and the liberals there are more conservative than the average conservative in Northern California yet I still get to feel like an insurgent when I visit! Makes me feel special. Last time I was there I bought so much stuff at the gun store I had to buy an extra suitcase to get it home! I could go on....

44 posted on 09/16/2013 1:10:07 AM PDT by no-s (when democracy is displaced by tyranny, the armed citizen still gets to vote)
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To: B4Ranch

The taxpayer pay for it. It’s not like it comes out of the police pensions or their salaries.

Why would they stop?


45 posted on 09/16/2013 10:43:44 AM PDT by TurboZamboni (Marx smelled bad & lived with his parents most his life.)
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To: chulaivn66

No problem.
Lots of other parts of Arizona to spend money.
Starve the Beast.


46 posted on 09/16/2013 5:20:17 PM PDT by SisterK (the God of peace will crush Satan under your feet shortly Romans 16:20)
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To: DuncanWaring

I think that he was, anyway he was working for a living and he and his wife were minding their own business. And for one reason or another, the police decided that a Mexican could not be living in a nice home like hey had without doing something illegal. So the SWAT team paid them a visit early one morning add he and his wife thought they were being hit by home invaders. He had his wife hide and got his rifle and went behind the couch. The rest is history, they not only shot him full of holes, they also murdered his character.


47 posted on 09/16/2013 5:38:40 PM PDT by sport
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To: Secret Agent Man

I were be willing that they were promoted.


48 posted on 09/16/2013 5:39:38 PM PDT by sport
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To: B4Ranch

Never happen, My FRiend. Why? Because the settlements come from the taxpayer. The departments, agencies, or individuals do not lose one penny out of their pockets. if the settlements came out of the department’s, agencies involved budgets or the individual killer[s] pocket, it might be a horse of a different color. As it now stands it just provides target practice for the police.


49 posted on 09/16/2013 5:45:06 PM PDT by sport
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To: marktwain

I’ve got a unique angle, I believe, to offer on this sort of stuff.

These squads today are little more than perfumed princes full of their own toy-soldier machismo that wouldn’t actually take a risk to help anybody. And if anybody actually dared to cut into their perks in the wake of a humongous botch like this, the wailing would be heard to the borders of the state.

Chivalry, in general, is in critical condition today.

We have a lack-of-faith-in-God problem here and I don’t mean an hour in church on Sunday — I mean 24/7 AFTER coming home from the church.


50 posted on 09/16/2013 5:57:02 PM PDT by HiTech RedNeck (The Lion of Judah will roar again if you give him a big hug and a cheer and mean it. See my page.)
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