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Scared Cops Are Scary
Reason Magazine ^

Posted on 12/15/2017 1:05:08 PM PST by JP1201

The jurors who acquitted Philip Brailsford of second-degree murder last week were told to judge him based on "how a reasonable officer would act, versus a regular person with no police training," as The Arizona Republic put it. That distinction was crucial, because a "regular person" would never get away with shooting an unarmed man who was crawling on the floor, sobbing, and begging for his life.

Like other recent cases in which jurors failed to hold police officers accountable for the unnecessary use of deadly force, Brailsford's acquittal shows that cops benefit from a double standard. Unlike ordinary citizens, they can kill with impunity as long as they say they were afraid, whether or not their fear was justified.

Daniel Shaver got drunk and did something stupid. But he did not deserve or need to die for it.

On January 18, 2016, Shaver, who was 26 and lived in Granbury, Texas, was staying at a La Quinta Inn in Mesa, a Phoenix suburb, while working on a job for his father-in-law's pest control company. After inviting two other hotel guests to his room for a drink, he showed them an air rifle he used for work, at one point sticking it out a window to demonstrate the scope's range.

Alarmed by the rifle's silhouette, a couple who had been using the hotel's hot tub informed the staff. That's how Brailsford and five other Mesa officers ended up confronting Shaver in a fifth-floor hallway.

The bodycam video of the encounter, which was not publicly released until after the verdict, shows that Shaver, who according to the autopsy had a blood alcohol concentration more than three times the legal threshold for driving under the influence, was confused by the strange and contradictory orders that Sgt. Charles Langley barked at him. Instead of simply handcuffing Shaver as he lay face down with his hands behind his head, under the guns of three officers, Langley inexplicably told the terrified and intoxicated man to crawl toward him.

While crawling, eyes on the floor, Shaver paused and reached toward his waistband, apparently to pull up the athletic shorts that had slipped down as he moved. That is when Brailsford fired five rounds from his AR-15 rifle.

"He could have easily and quickly drawn a weapon down on us and fired without aiming," Brailsford said later. Yet neither of the other two officers who had guns drawn on Shaver perceived the threat that Brailsford did.

One of those officers testified that he would not fire based purely on the "draw stroke" Brailsford thought he saw. He would also consider the context, such as whether a suspect is belligerent and threatening or, like Shaver, compliant, apologetic, and tearful.

Brailsford said he was trained to ignore context. "We're not trained necessarily to pay attention to what a suspect is saying," he testified. "We're supposed to watch their actions and what they do with their hands."

The jury apparently accepted the counterintuitive argument that police, because of their special training, are apt to be less careful with guns than the average citizen would be. A similar dispensation seemed to be at work last June, when Minnesota jurors acquitted former St. Anthony police officer Jeronimo Yanez of manslaughter after he panicked during a traffic stop and shot a driver who was reaching for his license.

Even more astonishing was the failure of South Carolina jurors to reach a verdict in the trial of former North Charleston police officer Michael Slager, who shot an unarmed motorist in the back as he ran away. Last May, five months after that mistrial, Slager signed a federal plea agreement in which he admitted the shooting was not justified.

All three of these officers said they were afraid, but that is not enough to justify the use of deadly force. When juries fail to ask whether police have good reason to fear the people they kill, regular people have good reason to fear police.


TOPICS: Crime/Corruption; Government; News/Current Events
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To: Popman
the jury didn't see the video ...

I've seen this mentioned on several threads about this incident, but I've never seen it actually reported. It wouldn't surprise me at all if it is true, but do you have a source?

41 posted on 12/15/2017 3:03:40 PM PST by TexasKamaAina
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To: TexasKamaAina
but do you have a source?

Huh....From the article...: )

The bodycam video of the encounter, which was not publicly released until after the verdict,

42 posted on 12/15/2017 3:07:43 PM PST by Popman (My sin was great, Your love was greater  What could separate us now…)
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To: JP1201

“I’d almost rather take my chance with the bad guy than the cops...”

At least most common street criminals aren’t out there to kill anyone while too many cops are scared of their own shadows and just DIEING to waste somebody. And if you get into it with a thug you are much better off in court than if its a homicidal badge wearer.


43 posted on 12/15/2017 3:11:19 PM PST by Bonemaker (White Southerners have been under attack since 1860.“Peggy Noonan is a moronic member of the deep s)
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To: GnuThere

“I must have missed the trial of the MN Somali cop.”

Amazing how the filthy democrats buried that story isn’t it?


44 posted on 12/15/2017 3:12:46 PM PST by Bonemaker (White Southerners have been under attack since 1860.“Peggy Noonan is a moronic member of the deep s)
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To: Crucial
This is what some cops use for "target practice".

Count me among the "idiots".

45 posted on 12/15/2017 3:14:18 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: precisionshootist

“Folks we have a serious and daily worsening problem with the police. I have seen this video and simply cannot believe the jury aquitted this man. This was flat out murder.”

Did the jury see it? If they did then they and the cop should all be executed...in a just country.


46 posted on 12/15/2017 3:16:12 PM PST by Bonemaker (White Southerners have been under attack since 1860.“Peggy Noonan is a moronic member of the deep s)
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To: DBG8489

Very well put.


47 posted on 12/15/2017 3:20:19 PM PST by Bonemaker (White Southerners have been under attack since 1860.“Peggy Noonan is a moronic member of the deep s)
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To: Ken H

“Don’t equate a trigger happy @$$hole cop with with the more than 95% of dedicated officers.”

LOL! Like all those dedicated officers who stood around while that Salt Lake City cop abused the nurse who was doing her job correctly?”

Or those heroes of Columbine who took half a day to go into the high school? Or the Pulse night club lounging around outside for a couple of hours?


48 posted on 12/15/2017 3:25:40 PM PST by Bonemaker (White Southerners have been under attack since 1860.“Peggy Noonan is a moronic member of the deep s)
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To: Popman

This is murder in the 1st hands down the other officers should have calmed the cop down they all had there guns trained on him no weapon in site.
Civilians are not enemy combatants if you are a cop and are scared of everyone you in counter then you have a weak mind and don’t have any common scene to know real danger
Know I am afraid of cops not good


49 posted on 12/15/2017 3:27:44 PM PST by john rambo
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To: Telepathic Intruder

“I saw the video, it was the hardest thing I’ve ever watched.”

Ditto...


50 posted on 12/15/2017 3:34:57 PM PST by Carthego delenda est
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To: Crucial

Only an idiot would believe there’s a difference in this case.


51 posted on 12/15/2017 3:40:24 PM PST by Hugh the Scot ("The days of being a keyboard commando are over. It's time to get some bloody knuckles." -Drew68)
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To: JP1201
"I’d almost rather take my chance with the bad guy than the cops..."

"If you'd come to me in friendship, then that scum that ruined your daughter would be suffering this very day. And if by chance an honest man like yourself should make enemies, then they would become my enemies. And then they would fear you."

52 posted on 12/15/2017 3:43:21 PM PST by Boogieman
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To: JP1201

I’d sure like to know why that guy was in charge of the situation. Two other cops with their weapons drawn but no coordination between the three?

I first heard about this story on The Savage Nation and the audio alone was enough to make you choke up and get angry at the same time. Savage said the weapon used wasn’t even issued to him from the armory. It was his personal weapon he was using in an official capacity. Don’t know if that’s allowed in places like Mesa, but it seems like it would a no-no to me.

I hope the Justice Department takes a look at this case.


53 posted on 12/15/2017 6:11:06 PM PST by BradyLS (DO NOT FEED THE BEARS!)
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To: Bonemaker

I heard it both ways. Some reports say the jury saw the vid others say they did not. I would guess they saw it.


54 posted on 12/15/2017 6:54:36 PM PST by precisionshootist
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To: Hugh the Scot

I’m just saying cops in general are good people protecting ungrateful citizens with their lives everyday.


55 posted on 12/15/2017 9:33:19 PM PST by Crucial
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To: DuncanWaring

Yeah, some cops do but not most cops. Most cops will not shoot anyone for any reason and risk their lives almost daily. I don’t even like authority but I’m glad they’re out there. I’ve encountered many of them personally or when my foot is too heavy on the pedal and they always impress me with their professionalism.

I had a cop walk up to my car the other night to make sure I wasn’t robbing my own business and when I checked out I was grateful that he was even watching because there were other businesses in the area broken into. After that he was very courteous, more genuine than anyone else you may meet.


56 posted on 12/15/2017 9:44:25 PM PST by Crucial
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To: Maceman

Agreed. That was one sick cop....and so were the others you watched it all go down. Despicable.


57 posted on 12/15/2017 9:46:29 PM PST by Shortstop7
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To: MeganC

You’re giving in to media sensationalism. Idiots fight with cops and force them to use deadly force as their gun can be used by the assailant. Idiots fight with cops and idiots get shot. And I will go so far as to say cops really make an honest effort not to shoot people even though they may want them dead. Try living up to that standard.


58 posted on 12/15/2017 9:49:05 PM PST by Crucial
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To: Crucial

Unfortunately, “some cops” are willing to keep “some cops” among their number, supporting the idea that all cops are like “some cops”.


59 posted on 12/16/2017 4:48:27 AM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Crucial

Should have been:

Unfortunately, “most cops” are willing to keep “some cops” among their number, supporting the idea that all cops are like “some cops”.


60 posted on 12/16/2017 4:54:53 AM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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