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June 21st, 2017, 10:14 PM #71
Re: Philando Castile verdict not a good omen for concealed carriers
Just how big would those steps have to be?
warning range.jpgAttorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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June 21st, 2017, 10:21 PM #72Grand Member
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Re: Philando Castile verdict not a good omen for concealed carriers
He was told not to reach for the gun. By his own description before he was shot he wasn't reaching for the gun. By his own description after he was shot he hadn't been reaching for the gun. Based on the fact that the gun was found in his pocket he did not in fact pull it out.
Castile: Sir, I have to tell you I do have a ...Yanez: OK.
Castile: ... firearm on me.
Yanez: OK
Castile: I (inaudible)
Yanez: Don't reach for it then.
Castile: I'm, I, I was reaching for ...
Yanez: Don't pull it out.
Castile: I'm not pulling it out.
Reynolds: He's not.
Yanez: Don't pull it out.
Yanez, whose hand had been near his gun, pulls out his weapon and fires seven rapid shots into the car, striking Castile five times.
http://www.cnn.com/2017/06/20/us/philando-castile-shooting-dashcam/index.html
The orders Yanez gave were to not reach for the gun. Castile could have followed those orders to the letter and still have been reaching for something else. That's a big part of the problem. The officer didn't order "show me your hands" or "hands on the steering wheel" or "hands on the dash". He ordered Castile not to reach for "it" (the gun Castile had just told him about), and it's entirely plausible under the circumstances that Castile was following those orders and did not reach for the gun. The officer gave unclear commands about what he wanted (saying "don't pull it out", when what he meant was "stop moving your hands"). He panicked when Castile didn't do what Yanez thought he asked.
Note that the other officer on the scene, watching through the passenger window, appears just as shocked as Castile and Reynolds when Yanez starts firing. He clearly did not perceive the threat that Yanez did.I am not a lawyer. Nothing I say or write is legal advice.
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June 21st, 2017, 10:25 PM #73
Re: Philando Castile verdict not a good omen for concealed carriers
The way it looks the autopsy report supports that Castille was not going for his gun.
http://www.foxnews.com/us/2017/06/12...rney-says.html
Prosecutor Jeff Paulsen argued that autopsy evidence showed a bullet wound to what would have been Castile’s trigger finger, and that there was no corresponding bullet damage nor wounds in the area of Castile’s right shorts pocket, where he carried his gun.
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June 21st, 2017, 11:00 PM #74Banned
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Re: Philando Castile verdict not a good omen for concealed carriers
Yeah, I'm not really appreciating all the whataboutism with completely-unrelated incidents, particularly all these that do not have a concealed carry permit holder announcing that they're armed and they have a proper license right at the beginning of a stop.
I understand "I have a weapon, I have a license" does not immunize you from a cop's actions or reactions.
But c'mon dude. This video doesn't even have a cop approaching a car.
Also, I'm not down with unarmed police. I do think P/Os who barely pass weapons tests and cannot demonstrate a high level of situational awareness should not be doing patrols and instead get sent off to other units that don't need that level of protection and that much public interaction until they can get their shit together in training. And I really do think that discipline clauses buried in FOP contracts really do need to be shredded and rewritten. Cops like to think of themselves as paramilitary but they would never want themselves subject to rules like the UCMJ, and FOP locals certainly would not want employment term and demonstration of competency linked together. That's why forces like the Philadelphia Police are stuck with rubber room units where they have to shove cops they do not dare want to risk having them interact with the public.
In larger departments like Philadelphia they send off the bad apples to plenty of accessory units (if a crap cop you know got sent off to the Civil Affairs Unit to go stand in the heat at protests, that's likely a dud that brass decided to pull off patrol). PPD also sends flunks off to the Mayberry districts like the 8th who spend most of their time taking in reports from people in the upper far Northeast who can't remember to lock their cars.
If you want an example of that, go google "Officer Frank Tepper". Department knew he had anger management issues that were explosive and IA sent him off to the farm to tend to office copy machines. The drunken lout finally decided to smoke a next door neighbor after an argument. I pass by Tepper's old house--fam was forced to liquidate it after he got sent away for first degree murder, thank god.
Imagine if you were a Sheriff or you were police brass and you had to deal with this, a screaming upset mayor, taxpayers at your throat calling for your head, and you have to answer for your cop's actions. You look at the video evidence and what the P/O did right after and your heart drops into your stomach. Mine did.
Would YOU want to get pulled over by this cop?
I sure as f___ would not.Last edited by ArcticSplash; June 21st, 2017 at 11:15 PM.
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June 21st, 2017, 11:06 PM #75
Re: Philando Castile verdict not a good omen for concealed carriers
This video was in response to a suggestion that we should have unarmed traffic officers. I was only merely trying to point out that having unarmed traffic officers would likely result in having a lot of dead cops; especially in the most heavily armed society on the planet.
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June 21st, 2017, 11:07 PM #76
Re: Philando Castile verdict not a good omen for concealed carriers
I've been silent on this until now, because I hadn't yet solidified in my head what the thoughts were that I was having. This is along the lines I was thinking. Essentially a mis-communication.
I'm not going to Google it, but we've all seen the video of the man standing by the open door of his pickup at a gas station when the officer asked for his ID, so he reached into the truck to get it and took 2 to the torso for following directions. What the officer *meant* was "reach slowly with one hand into your pocket and even more slowly withdraw your ID and present it to me for investigative purposes". What he *said* was "show me your ID". What the man *heard* was "show me your ID", an instruction which he acted upon immediately, like a good sheeple. What he *didn't* hear (because nothing of the sort was stated) was "if I lose sight of your hands for even a fraction of a second I will assume you have a gun and then act how I see fit to address that assumption".
Not all legal carriers have spent the time many POOFAs have discussing these matters. Many legal carriers simply endeavor to be good guys and follow the laws, as indicated by the fact that we commit crimes at a rate 6 times less than police do, so they follow whatever instructions are given by the police - to the letter. It would never occur to many that doing so could be quite detrimental to their health.
Am I saying Castile was a model legal carrier? No, I'm with Phil on that part. But I also think twency makes a good point about flawed instructions. But I also think that - if he was as 'experienced' with roadside encounters as he seems to have been - that Castile knew fairly well what was meant.
All this is to say that I don't have a global solution to this problem. For me personally, hands will stay at 10 and 2 unless specifically asked for something, then I will explain what I am doing before I uncurl my fingers so Officer Friendly knows which hand is about to move and where it is headed, and it will then go there with agonizing (to me) slowness.
My 2¢
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June 21st, 2017, 11:19 PM #77Banned
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June 21st, 2017, 11:20 PM #78Banned
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June 21st, 2017, 11:22 PM #79Banned
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Re: Philando Castile verdict not a good omen for concealed carriers
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June 22nd, 2017, 07:40 AM #80
Re: Philando Castile verdict not a good omen for concealed carriers
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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