Monday, March 31, 2008

Should Police Be Allowed to Carry Guns?

I am more than a little reluctant to write about this because I live in San Diego and the day may come when I shall need a San Diego police officer to refrain from shooting me down on the street. San Diego, and the surrounding communities, have a well earned reputation for having trigger-happy police.

It was in San Diego a couple of years ago that an off-duty police officer from the small town of Coronado spotted a black man driving a fancy car with a white woman in the passenger seat going over the speed limit. The 23 year-old cop tried to force the black man off the road claiming to be a police officer but never bothering to show a badge. The cop followed the man home and shot him several times. It would have been just another example of a white cop shooting an unarmed black man, an occurrence so common in San Diego as to be unnoteworthy, had the victim not been a professional football player.

The result of this one-sided gunfight is that the football player, Steve Foley, never played another game. The woman, Lisa Maree Gaut, was found guilty of trying to protect Foley by the driving car between the gunman-cop and Foley. The gunman, Officer Aaron Mansker, received an award from Mothers Against Drunk Driving.

Latest Cop Shooting News
On March 15 about 9:15 pm, a young woman was driving with her eight year-old son when she encountered a second car. According to reports one car "cut off" the other, a case of "road rage" ensued, and the driver of the second car fired five shots at the first car, wounding both the woman and her child. The shooter was an off-duty cop. Little has been officially revealed beyond this bare account. Who cut off whom? Don't know. Who got infected with road rage? No official word but, judging from the recipients of the bullet wounds I think I can guess. It is true that the woman was driving on a suspended license, although I don't believe California law calls for summary execution for that offense.

Police demanded blood tests of the victim for drugs and alcohol. There were no tests done on the off-duty cop. [Oceanside Police Capt. Tom] "Aguigui said police had probable cause to order Silva's blood drawn, but none to make a similar decision involving [off-duty officer/shooter] Frank White" (source). Apparently shooting an unarmed eight year-old child is not probable cause to suspect impaired judgment.

Blame the DA
San Diego's current District Attorney, Bonnie Dumanis, believe that police work is a stressful and demanding job and she refuses to burden them with investigations when they engage in a little excessive gunplay. Even a cop has got to have a fun, right? In this she follows in a long line of San Diego DA's. For over two decades San Diego police officers have gotten away with shooting unarmed suspects. Screwdrivers and toy guns have been excuses. A naked man scratching his Johnson was once considered justification. The criteria used is the officer's "subjective judgment" at the time of the shooting that he felt endangered. All the cop has to say is "I was ascared" and he'll get off with a pat on his behind and maybe even a medal.

Other sources: California Criminal Law Blog, ACLU, CityBeat, OB Rag

3 comments:

Anonymous said...

Maybe if you would've done a little research you would have found that the woman cut off the off-duty officer first. Then she followed him into the parking lot where the shooting happened, and she blocked his car between hers and other parked cars so he couldn't leave. Then she tried to ram his car with hers. Legally that's considered deadly force. He responded with the appropiate amount of force, deadly force. Also, he didn't know the kid was in the car, so don't blame him for that....he couldn't see the kid. She also had a bong in her car and smelled like alcohol, which gave the police probable cause to do tests.
And what do you mean by screwdrivers and toy guns as excuses? If a cop sees somebody attempting to use ANY object to hurt of kill him deadly force is justified. However, it doesn't necessarily have to be a real weapon such as a car, gun, or knife. If the offficer reasonably thinks that the object is a deadly weapon, he can use deadly force. If he pulls over a car for a traffic stop and the driver exits the car in an aggresive manner with an unknown object, and the officer reasonably thinks that the driver will use the unknown object to hurt of kill him he can shoot the driver.
If you're going to be making accusations about the police murdering people you need to RESEARCH the individual case before you write anything.

knighterrant said...

We'll have to disagree that it is every right for a policeman to shoot an unarmed child.

Deejay said...

I will not be surprised if it was the same "child- executioner Cop" that wrote that 'anonymous' comment!
You need to remain anonymous to write such daft and evil comment.

Like said, all a deranged Killer in Police Uniform needs as a "license to kill" is to think the "crying of a baby" scares him and bang..bang..bang, he is justified to murder the baby!
Remember, those who kill by the sword, will one day have to die by the sword! Its a natural law of retributive Justice...Your turn will surely come.