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Navy vet shot by deputy in own backyard—family seeks answers
The Lookout ^ | Aug 24, 2012 | Ron Recinto

Posted on 08/27/2012 10:08:54 PM PDT by george76

The brother of a Navy veteran shot by a deputy in her own backyard wants the sheriff's department to admit its mistake and take responsibility for the incident.

Jennifer Orey, 36, was shot Sunday in a surprise encounter with two sheriff's deputies who were searching for a man reportedly in the area wearing a ski mask, the San Diego Union-Tribune reports. Orey was in her pajamas in her yard around 10:30 p.m. because she heard noises and thought it was her ex-husband, the newspaper reports.

Orey and Deputy Luke Berhalter came in contact and the officer's firearm discharged at point-blank range, her brother James Morgan told local Fox 5 News.

"He fired without warning, saying freeze, or anything. Then just as she saw the black smoke coming out the barrel she turned her body," Morgan said. "The bullet went through her chest and her left nipple, into her shoulder and out her pinkie."

The deputy reportedly told her, "I'm sorry, you startled me,"

...

she was the first woman in the Navy to earn her wings of gold as a search and rescue swimmer, was released from hospital.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: California
KEYWORDS: banglist; leo; navy; navyvet; veteran
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1 posted on 08/27/2012 10:09:01 PM PDT by george76
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To: george76

Yet another knuckle draggin badgemonkey too stupid to
remember to keep his booger hook of the bang switch and
a coward to boot. So easily scared he shoots someone just
from being startled. A fine example of LEO’dom, a credit
to his “AHEM” profession....professional incompetents.


2 posted on 08/27/2012 10:17:39 PM PDT by nvscanman
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To: george76

There has been too many aggressive deputies or police officers shooting up unarmed citizens!

They need to be sent to a re-education camp to learn how to use firearm safety! It is that obvious!


3 posted on 08/27/2012 10:18:33 PM PDT by Sen Jack S. Fogbound (We have met the enemy and they is us! After all, who voted Obama in?)
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To: george76

So what would have happened if she went ou into her own backyard with a pistol because she heard a noise, bumped into a cop, and shot him?

Do you think it would end with her saying “I’m sorry, you startled me”?

Even if the cop lived? What do you think would happen to her?

We need equal legal liabilities and results for cops and civilians in firearms cases, when the shooting was out of self-defense.

EQUAL.

There is ZERO reason not to have this equality, except the claim that an officer’s life is worth more than a civilian’s life. If it is - or if the law says it is - then let it be said OUT LOUD, for the public to hear.


4 posted on 08/27/2012 10:35:11 PM PDT by Talisker (One who commands, must obey.)
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To: george76

I lamented the change from blue uniformed “protect and serve” police officers of my childhood to the blacked-out SWAT team dominination model that we have today. However, it’s not thier fault, but because of the amount of violent criminals who are let out of jail on short sentences or probabtion. When the COPs go downtown, they are in a war zone, and they have learned to respond accordingly. Unfortunately, these agressive tactics, training, and use of force policies do not translate so well when normal citizens are encountered.


5 posted on 08/27/2012 10:40:03 PM PDT by BRK
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To: george76

The woman was very, very stupid for going outside at 10:30 at night after hearing noises. I am sorry she got shot, but she brought this upon herself.

The deputy was looking for a person wearing a ski mask at night and suddenly comes face to face with a stranger. His reaction is not surprising considering the circumstances.


6 posted on 08/27/2012 10:59:34 PM PDT by rawhide
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To: BRK

Gonna have to call BULLS**T on that one. Sorry.


7 posted on 08/27/2012 11:01:23 PM PDT by qaz123
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To: rawhide
The woman was very, very stupid for going outside at 10:30 at night after hearing noises. I am sorry she got shot, but she brought this upon herself. The deputy was looking for a person wearing a ski mask at night and suddenly comes face to face with a stranger. His reaction is not surprising considering the circumstances.

Could you be any dumber? What a stupid statement, probably the stupidest statement I have ever seen posted on FR. Hopefully you simply forgot the Sarcasm tag.

8 posted on 08/27/2012 11:11:11 PM PDT by calex59
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To: rawhide
The woman was very, very stupid for going outside at 10:30 at night after hearing noises. I am sorry she got shot, but she brought this upon herself.

The deputy was looking for a person wearing a ski mask at night and suddenly comes face to face with a stranger. His reaction is not surprising considering the circumstances.

I presume you missed the part about being in her own backyard. If I hear noises in my yard, I go out to see what it is. And I bring protection with me.

She has every right to be in her own yard night or day, and the cop has no right to be there. I am thinking huge payoff, and in a just world the cop would do decades of hard time.

Where you get the notion that she should hide in her own house instead of investigating strange noises is beyond me.

9 posted on 08/27/2012 11:12:51 PM PDT by CurlyDave
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To: rawhide
The woman was very, very stupid for going outside at 10:30 at night after hearing noises. I am sorry she got shot, but she brought this upon herself.

So-----what if she was relaxing in her sauna with a glass of champagne in her own backyard. Does she need to keep a 12 gauge by her side?

10 posted on 08/27/2012 11:17:42 PM PDT by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: calex59

I stand by my statement: the woman was very, very stupid!


11 posted on 08/27/2012 11:23:49 PM PDT by rawhide
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To: calex59

Let me ask you a question: If you are at work at 10:30 at night, and your wife calls you and tells you she hears some noises outside, would you tell her to go outside, and check it out?


12 posted on 08/27/2012 11:27:02 PM PDT by rawhide
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To: rawhide

It’s 0130 here. I’m in my backyard smoking a cigar, in my pajamas. I’m enjoying a sniff of some really fine Scotch, too.

What should I do if I hear a strange noise? What of my dogs start barking? Should I cower in my home? What should I do if I run into some stranger?

This idiot cop should be tried criminally. He should also be vulnerable to a civil suit, which in a rational country, would leave him dead broke and starving.


13 posted on 08/27/2012 11:34:21 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: All

Cops are just practicing for when obama gets re-elected and puts his 250,000 man army to work on all of us.


14 posted on 08/27/2012 11:35:35 PM PDT by Terry Mross (To all my relatives and former friends: Do not contact me if you still love obama.)
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To: Lurker

Let me ask you a question: You are sitting at home smoking a cigar in your backyard, enjoying the night air. Then your phone rings and it is your daughter calling you from the West coast, telling you she hears some noises outside, somewhere in her back yard. Would you tell her to go outside into the back yard and check out the noises?


15 posted on 08/27/2012 11:48:26 PM PDT by rawhide
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To: rawhide

It’s incredibly rude to answer a question with a question.

You first.


16 posted on 08/27/2012 11:51:51 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: george76

Sounds to me that the San Diego Sheriff’s Department is already circling the wagons to protect this stupid Deputy Luke Berhalter. The problem for the SDSD is Jennifer Orey lived to tell her story and she’s going to have one nice lawsuit.

Criminal charges ought to be filed on this moron, Berhalter, but odds are the State’s Attorney won’t file. It will be most interesting how the Shooting Review Board will try to spin this to exonerate Berhalter. In the end, Ms. Orey is going to get a very handsome settlement from this shooting.


17 posted on 08/28/2012 12:02:52 AM PDT by MasterGunner01
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To: calex59
The woman was very, very stupid for going outside at 10:30 at night after hearing noises. I am sorry she got shot, but she brought this upon herself.

Yes, how dare this woman be out in her own backyard at such an ungodly hour!

It's all her fault! It certainly couldn't be the fault of the police officer who shot her at point blank range for absolutely no reason.

"You startled me." You see? The officer had a perfectly legitimate justification for discharging his weapon.

If only us stupid civilians would cower in the corner like we're supposed to when such obvious trouble is about...

18 posted on 08/28/2012 12:14:11 AM PDT by sargon
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To: calex59

I agree. That was dumber than most crap I ever saw on DU. Bootlickers will excuse anything.


19 posted on 08/28/2012 12:14:21 AM PDT by packrat35 (Admit it! We are almost ready to be called a police state!)
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To: sargon

That quote was from rawhide, of course, not you, calex59...


20 posted on 08/28/2012 12:15:44 AM PDT by sargon
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To: rawhide

You can stand by the side of the road waving a sign....still doesn’t make you right. The woman
was in her own back yard....the cop was trespassing.
The day that I can’t go into my own back yard any
time day or night and a badgemonkey can is the day I
start CWII and all employees of the state are fair game.
You are an idiot.....or an LEO...but then that is one
and the same.


21 posted on 08/28/2012 12:34:39 AM PDT by nvscanman
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To: nvscanman

Nope, not an idiot or a leo. Just someone with common sense.


22 posted on 08/28/2012 12:51:06 AM PDT by rawhide
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To: rawhide
I stand by my statement: the woman was very, very stupid

You're not an American.

23 posted on 08/28/2012 12:55:13 AM PDT by douginthearmy
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To: rawhide
I am sorry she got shot, but she brought this upon herself.
So the shoot was "legitimate", eh?
24 posted on 08/28/2012 1:00:31 AM PDT by Bratch
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BOOKMARK


25 posted on 08/28/2012 1:03:50 AM PDT by freds6girlies (many that are first shall be last; and the last shall be first. Mt. 19:30. R.I.P. G & J)
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To: rawhide

The woman was very, very stupid for going outside at 10:30 at night...

If stupidity was a capital crime, I don’t think your calendar would have many days left.

It was her own damn backyard. No weapon was seen by the police, they even admitted they fired because they were “startled”.

Total fail, dude. Them and you.


26 posted on 08/28/2012 1:06:56 AM PDT by djf (The barbarian hordes will ALWAYS outnumber the clean-shaven. And they vote.)
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To: rawhide

You obviously do not understand the concept of freedom. Someone sneaking around any house where I live ....well..we do not go unprotected. Around here deputies will notify the homeowner if they want to traipse around their property.....day or night.

Sitting on the porch in a rocker....smoking a corn cob pipe....well maybe you get the picture?


27 posted on 08/28/2012 1:08:57 AM PDT by Fully Awake DAV (Navy Vet when homosexuality was not tolerated)
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To: george76

Maybe the time has come to defund police departments and the DA’s office. Let citizens handle the crime by themselves and no worries about being prosecuted when they do so. Could we do any worse than wounding 9 people before we get the bad guy?


28 posted on 08/28/2012 1:09:42 AM PDT by trailboss800
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To: Sen Jack S. Fogbound

They need to spend the rest of their worthless lives in prison in general population. Making an example of a few of these scumbags would stop this crap.


29 posted on 08/28/2012 1:25:40 AM PDT by SUSSA
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To: BerryDingle

The woman heard noises outside. What does one do given that fact. A number of years ago our house was broken into when I went and called the police I was told to get out of the and wait for the police. The police were there in minutes and cleared the house before I was allowed to re-enter.


30 posted on 08/28/2012 1:50:28 AM PDT by monocle (Some polls are desi)
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To: rawhide

oh my how did this country reach this point where you shouldn’t go into your own back yard! What if she was walking in her sleep, did she bring it on herself to get shot? I hate to tell you but leo’s should be able to walk around in the dark without shooting an innocent person, they should be sure of their target. What was the threat? In border areas illegals run through yards at night all the time without getting shot by leo’s and if shot by civilians without cause the civilian will be persecuted.

What if the victim was black, would it be wrong then, ala treyvon?


31 posted on 08/28/2012 1:57:23 AM PDT by rolling_stone
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To: rawhide

So exactly when is the curfew we serfs must observe in deference to the exalted LEOs who you think have a right to come onto private property and shoot anything that moves? Would it he okay with you if I went into my own backyard at 9:00?

Tell me, if I can be arrested for shooting a cow if I screw up while deer hunting, how does this clown cop get a pass for failing to identify his target? I mean, I understand it’s open season on dogs with no bag limit as long as you’ve got a badge but this was a human being.

I wish she had shot back.


32 posted on 08/28/2012 2:16:54 AM PDT by muir_redwoods (Legalize Freedom!!)
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To: rawhide

You have GOT to be shi**in’ me. You can’t possibly be serious.


33 posted on 08/28/2012 2:18:40 AM PDT by RightOnline (I am Andrew Breitbart!)
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To: rawhide
your phone rings and it is your daughter calling you from the West coast, telling you she hears some noises outside, somewhere in her back yard. Would you tell her to go outside into the back yard and check out the noises?

After reading to the bottom, I'll answer this post of yours.

You have completely, totally missed this point, and you have no excuse for not thinking it through. The point is that I should never, ever expect to be shot by a policeman anywhere, much less on my own property, day or night.

On my own premises, unless he is sent to arrest me as a dangerous person:

o a law officer who is going to make my premises unsafe to be in, needs to come to my door, announce himself, notify me that he is about to do so, and warn me to stay inside.
o Uninvited, if I see someone out there in the dark he is a candidate for the business end of a shotgun.
o Uninvited, he had better presume that one occupant of the premises, and likely to be outside.
o Uninvited, he had better have a good-sized light announcing his presence.

Otherwise, he is an untrained fool. That also goes for a neighbor.

34 posted on 08/28/2012 2:51:12 AM PDT by imardmd1 (Try again.)
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To: george76
just as she saw the black smoke coming out the barrel she turned her body

Are they claiming she has super fast reactions?

The bullet went through her chest and her left nipple, into her shoulder and out her pinkie.

Ouch! Yhat arm is going to be seriously messed up.

35 posted on 08/28/2012 2:59:45 AM PDT by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: george76

LEO must have thought it was a dog. Those are free game.


36 posted on 08/28/2012 3:02:55 AM PDT by hadaclueonce (you are paying 12% more for fuel because of Ethanol. Smile big Corn Lobby,)
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To: george76
Orey and Deputy Luke Berhalter came in contact and the officer's firearm discharged at point-blank range,

No, the officer discharged his firearm.

37 posted on 08/28/2012 3:23:44 AM PDT by DTogo (High time to bring back the Sons of Liberty !!)
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To: rawhide; Lurker
4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Sound familiar??

38 posted on 08/28/2012 3:26:53 AM PDT by DTogo (High time to bring back the Sons of Liberty !!)
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To: george76

Startled? Sounds like this hothouse flower is in the wrong line of work.


39 posted on 08/28/2012 3:40:34 AM PDT by wideawake
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To: rawhide
If you are at work at 10:30 at night, and your wife calls you and tells you she hears some noises outside

Then your phone rings and it is your daughter calling you from the West coast, telling you she hears some noises outside,

Do you think all women are so ineffectual and idiotic as to have to call a man because they 'hear noises' outside' instead of dealing with the situation themselves?

What good is calling someone going to do anyway? Do you think she'll confront the perp and tell them 'I have my male relation on the phone an he says "Go away!"

I'll agree with previous posters - she had every right to be in her own yard at any time of the day or night.

And I hope she winds up OWNING the cop.

40 posted on 08/28/2012 3:42:39 AM PDT by MamaTexan (I am a Person as Created by the Laws of Nature, not a person as created by the laws of Man)
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To: rawhide
I thank God every day for men and women who don't think it's stupid to stand guard over their homes. I keep watch over my home, and don't back down to tyrants. As an American, I have a different perspective than yours.

If ye love wealth better than liberty, the tranquillity of servitude than the animating contest of freedom--go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen! - Samuel Adams

41 posted on 08/28/2012 3:47:26 AM PDT by BykrBayb (Somewhere, my flower is there. ~ Ʋ)
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To: monocle

I understand some States require people to flee their home in the event of a break in, seemingly not wanting the criminal to be endangered.
Out of curiosity, did the police catch the perp or was he gone after the police arrived “in minutes?”


42 posted on 08/28/2012 3:50:44 AM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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To: R. Scott

The perps were gone before I arrived home. About four hours after the police left I received a call from the police telling me that the perps were arrested and in possession of items stolen from home.


43 posted on 08/28/2012 4:10:10 AM PDT by monocle (Some polls are desi)
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To: rawhide

You say wife , daughter etc. What if it was a man that heard a noise in his backyard and went out and got shot? Is he stupid?


44 posted on 08/28/2012 4:30:17 AM PDT by Starstruck (It's all Obama's fault)
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To: nvscanman
"Yet another knuckle draggin badgemonkey too stupid to remember to keep his booger hook off the bang switch..."

OK I am stealing all of that!

Seriously that is awesome prose! (Had to edit the "of" to "off" but hey that's what copy editors are for. Right?)

45 posted on 08/28/2012 4:36:34 AM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: rawhide

Yeah. Us “civilians “ should never investigate in our own backyard because we might run into that greatest of dangers, someone from the government there to “ help” us.......


46 posted on 08/28/2012 4:46:49 AM PDT by Kozak (The means of defence against foreign danger, have been always the instruments of tyranny at home JM)
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To: monocle

I assume that you don’t keep guns in your house since you called the police and then left your home per their instructions.

Here in Texas you would be a fool to (1) not have a loaded gun and (2) to leave your home per the instructions of police.

You are verrrrrrrrrrrrrrry lucky the police caught up with them. In most cases the inept police lose the crooks and the stolen property will be in a pawn shop the next day.


47 posted on 08/28/2012 4:49:52 AM PDT by DH (Once the tainted finger of government touches anything the rot begins)
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To: DH

People, people, save your hostilities and argument energy for the demodummies. They are the ones we need to be attacking, not each other.

I feel bad for BOTh the shooter and the woman who was shot. I happened so get over it.


48 posted on 08/28/2012 4:52:44 AM PDT by DaveA37
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To: rawhide

This woman was a NAVY VETERAN not some cheerleader in a nightgown. She did NOT bring this upon herself.
The cop lacks the maturity, training and experience to be in situations like this.
He should be removed from the force for failure to meet the minimum qualifications for the job.


49 posted on 08/28/2012 4:55:33 AM PDT by BuffaloJack (The First Amendment is a large caliber weapon. USE IT !!!)
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To: george76

Better put some ice on that bump.


50 posted on 08/28/2012 4:57:58 AM PDT by Delta 21 (Oh Crap !! Did I say that out loud ??!??)
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