Posted on 07/16/2014 5:40:46 AM PDT by csvset
PORTSMOUTH, Va. (WAVY) – Imagine you’re up watching our late night news when you hear your back door rattling, then see a red laser pointed on your chest. One Portsmouth man claims that happened to him.
Brandon Watson said he was protecting his family when his wife heard noises in the back yard on January 3, 2013: “She said, ‘oh my gosh, someone is int he backyard.’” The noises got closer and then she heard the clicking of the backdoor handle.
In a neighborhood where weapons are everywhere, Brandon Watson didn’t hesitate to grab his own legally purchased gun. It was a decision with lingering repercussions.
Photos: Cops went to wrong house, charged homeowner
Brandon remembers, “We ran upstairs very quickly … she saw guys in all black from right here in this window looking down.” Watson said he couldn’t immediately find his cell phone to call 911 so he ran downstairs with his firearm and stood at the foot of the stairs, shielded by a wall.
“I announced myself, ‘Who is that? Who is that? I have a gun.’ And as soon as I said that, two red laser beams were on my chest,” Watson said. “so I looked at the red laser beams on my chest, and I fired a warning shot.”
A single shot through a window, and then Watson ran to get help from his neighbor across the street, a Virginia State Police deputy.
As I came out of the house … they said, ‘stop,’ and I said, ‘Who?’ They then said, ‘Who just fired the shot out the back window?’ I said I did … and I was holding a gun, and they said, ‘put down the gun.’”
Watson dropped his handgun and said he received shocking news.
“They said, ‘we just got news you shot at an officer.’ I said, ‘An officer? Nobody came to my door. What do you mean an officer? I didn’t know there were any officers in my backyard,’” he told WAVY.com.
Then he learned the dark figures in his backyard were Portsmouth police officers who had not announced themselves.
“As far as the officers response, I support their response 100 percent,” said Portsmouth Police Chief Ed Hargis, who claims his men never heard Watson say he had a gun or say anything. “Anytime the police hear there is a firearm, they start giving verbal commands, and they start yelling police.”
It came out in court last September that police were in the wrong backyard. They were supposed to be in Patricia Brooks yard, which is next door to Watson. She had called 911 because she heard unrelated noises in the downstairs of her home.
Portsmouth Commonwealth’s Attorney Earle Mobley explained how police ended up in the wrong backyard: “When they went around from the front, they started counting 2, 3, 4.” They were counting the number of townhouse units from the end, where Patricia Brooks lived. “Then they see a gate that is open, and that raises suspicion that must be the house,” Mobley said.
Mobley admits Watson did not know police were in his backyard, but prosecutes him anyway for misdemeanor reckless handling of a fire arm.
“You cannot fire indiscriminately through the window,” Mobley said.
And a judge agreed. Watson was found guilty. So he appealed the decision, and a second judge declared a mistrial. At that point, Watson chose to have a jury trial.
“This can’t be doing your job. You come in my backyard, try to open my door, open my window and flash red laser beams on my chest because you thought I was the burglar, and I thought you were the burglar,” Watson said.
The seven-person jury bought that, and found Brandon Watson not guilty, after deliberating only 47 minutes.
“The Commonwealth really didn’t have a case. It wasn’t reckless, so it didn’t’ take a lot of discussion,” said Danny Barnes, a juror and WAVY-TV 10 employee.
When 10 On Your Side asked Mobley about the juror’s comment, that the Commonwealth failed to prove Watson was reckless, he simply said, “I just disagree with that point.”
The jury thought Watson showed restraint by only firing one shot.
“There was agreement if there had been more than one bullet hole, had he sprayed the wall with bullets, bang, bang, bang, that would have been reckless,” Barnes said.
The jury was also concerned police went to the wrong home, and that there was general confusion.
“That really wasn’t explained very well, and that was a sticking point for most of us, and that wasn’t flushed out at all,” Barnes said.
The jurors honed in on the red beams on Watson’s chest.
“The police kept saying they had their weapons pointed at the ground at all times. At the same time, they said they were using their TAC lights on the gun to illuminate whatever they were looking at,” Barnes said. “You can’t be doing both at the same time, that’s contradictory.”
10 On Your Side asked Chief Hargis if a light could have gone into the window.
“Yes, but I don’t think it was there for any long period of time,” he said.
We asked him if the red lights appearing on Watson’s chest were possible.
“It is possible, sure,” he replied.
Then we asked him to confirm that that was what led to the shooting: The chief responded, “That’s when he discharged his firearm.”
The Watson case has helped change Portsmouth police policy with the use of red gun laser sights.
“This case, and firearm instructor concerns, as well as executive staff, we have modified the policy and taken the lasers off the weapons,” Chief Hargis said.
Most stunning — the jury found police were unfair in how they pursued Watson.
“They absolutely did … he was put in a no win situation,” Barnes said.
For Brandon Watson, the incident turned his life upside down. He was unemployed for 10 months, and thinks under the circumstances, he deserves restitution.
“I begged them not to charge me … I knew what it meant … I got no jobs … no one would hire me after they ran the criminal background check, because I was charged with reckless handling of a firearm,” Watson said.
Watson continues moving forward with a possible lawsuit against the city of Portsmouth. The case would allege negligence or gross negligence.
In some cases you can indiscriminately toss in flash bangs into cribs with a sleeping baby and all is well, after all you are the police and had good intentions, right...
Hone in - Merriam-Webster Online www.merriam-webster.com/dictionary/hone%20in Merriam‑Webster to move toward or focus attention on an objective ... .
Business Writing: Hone In or Home In? www.businesswritingblog.com/business.../2006/.../hone_in_or_home.ht...
Aug 4, 2006 - To move or advance toward a target or goal: The missiles honed in on ... To direct one's attention; focus: The lawyer honed in on the gist of the ...
I am guessing it all depends on how vast ones comprehension of the English language is or perhaps it may just be what part of the country you were raised in.
It’s become acceptable through repeated misuse. It’s like the expression “butt naked”; it’s correctly “buck naked”. Buck is tanned deer hide without any fur on it vaguely resembling naked skin.
It’s a rant but “hone” is to sharpen an edge and “home” as a verb is what a homing pigeon does. At least that’s the actual meaning of these words.
We’re not discussing the wording of the Constitution here, are we? This is about the accepted and common use of the English language today. Not as it pertains to a book written during the Civil war where knowing the original meanings of words are necessary to gather the full and true gist of the times.
Just curious. What happened to the cop that got shot?
No one was hit as far as I know.
That's the precise opposite of the meaning of the word.
moot
mo͞ot
adjective
1. subject to debate, dispute, or uncertainty, and typically not admitting of a final decision.
"whether the temperature rise was mainly due to the greenhouse effect was a moot point"
synonyms: debatable, open to discussion/question, arguable, questionable, at issue, open to doubt, disputable, controversial, contentious, disputed, unresolved, unsettled, up in the air.
I’m talking about keeping some shed of logic in the English language, one of the finest constructs in human history. “Butt naked” and “Hone in on” have no rational meaning.
“Your” free to talk and “right like” you “wan’t too”. It “don’t make no difference two” me.
““As far as the officers response, I support their response 100 percent,” said Portsmouth Police Chief Ed Hargis, who claims his men never heard Watson say he had a gun or say anything. “Anytime the police hear there is a firearm, they start giving verbal commands, and they start yelling police.” “
They aren’t required to make SURE I know it is a cop? But I’m required to identify it is a cop? I’m required to tell a potential threat that I am armed?
Bite me. These commando raids are DESIGNED to cause confusion. Congratulations officer stupid. You left me confused as to what is going on, with only moments to decide and react. If I guess cop and I’m wrong, I’m dead. If I shoot and it is a cop, I may end up dead.
Thank you pigs so much for placing OUR safety so low on your priorities. Create as much confusion as possible so that I might hesitate when offered threat by a stranger.
Same thing with plain clothed officers. You want to act as if people KNOW you’re a cop. Why? Because you SAY ‘police’. Anyone can do that.
If a cop screws up during one of these raids and harms an innocent or non violent offender, we’re expected to ‘understand’ the cops’ confusion. But they make it clear that we are expected to get it right.
The professionals can’t be expected to be competent at their jobs. And they wonder why people had a memorial for a cop killer?
“Fully agree that the homeowner was within his rights. But he’s damn lucky he didn’t end up as Swiss cheese.
You’d think one of the Barney Fifes would have the decency to identify themselves before this near tragedy occurred. “
Even when they ‘identify’ themselves in these situations, it is often so incoherent that you can’t expect the victims of the raid to get the message.
Remember their goal is to catch you confused and unaware. Well, these idiots got the results of confusing a person as to who it was attacking him. Same thing happened in TX. Cop got killed, and they wanted murder 1.
They can’t be expected to get it right, but if we make a mistake, they have no understanding for us. Every time I hear of a swat guy buying it, I cheer.
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