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  • #16
    kalguns
    Senior Member
    • Apr 2009
    • 607

    The guy was tired. Give him a break. He should not loose his job over it.
    Originally posted by skateboarder74
    "It is better to have a gun and not need it than need a gun and not have it." ---Clarence Worley ...
    "License to kill gophers by the government of the United Nations. Man, free to kill gophers at will. To kill, you must know your enemy, and in this case my enemy is a varmint. And a varmint will never quit -- ever. They're like the Viet Cong. Varmint Cong. So you have to fall back on superior intelligence and superior firepower. And that's all she wrote." --Carl Spackler--

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    • #17
      TheBundo
      Senior Member
      • Jan 2007
      • 1943

      I met him once, and was not impressed. I know many of the SO deputies that work Cupertino (Cupertino has no police force, they hire the SO), and I like all of the other deputies I've had dealings with. They have been very helpful in cases at the large properties I have charge of, with mostly all of the incidents (copper theft, burglary, trespassing, etc.) happening since the meeting with Deputy Council. I felt like, but didn't, call his superior, because he was obviously new to the job and backed down from an obnoxious and ridiculous attitude, but suffice it to say, I didn't think he was getting off to a very good start in PR. But I can't take any satisfaction is he's gone from LE in this manner, since 2 lives were lost. Hopefully, everyone will get on with their lives.
      Free Gun & Ammo $$$ from the State
      http://scoweb.sco.ca.gov/UCP/
      See how many CalGunners are finding major money on this thread:
      http://www.calguns.net/calgunforum/s...d.php?t=172513

      Comment

      • #18
        masameet
        Veteran Member
        • Jun 2008
        • 4487

        Update

        No job separation; instead, Council will be demoted.
        CoCo Times
        x

        "Let those find fault whose wit's so very small,
        They've need to show that they can think at all;
        Errors, like straws, upon the surface flow;
        He who would search for pearls, must dive below." -- John Dryden

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        • #19
          chickenfried
          Calguns Addict
          • Oct 2005
          • 7160

          that's some rough justice. I feel more sympathy for the BART cop than I do Council but he'll probably end up with harsher penalties.
          Last edited by chickenfried; 06-04-2009, 9:50 PM.
          Originally posted by victor1echo
          Hollywood is satan!!!!
          sigpic

          Comment

          • #20
            chickenfried
            Calguns Addict
            • Oct 2005
            • 7160

            WTF!!!
            Council's attorney, Mike Rains, said Council hopes to eventually reapply for his job as a deputy.
            Council chose to plead guilty, he said, to spare the victims' families a painful trial. There was a good case for acquittal, Rains contended, because Stanford Medical Center found that Council has mild sleep apnea that was exacerbated by a bad cold and fitful sleep the evening before the crash.
            But Rains said Council will not exercise his right to appeal Smith's decision, calling it a "fair compromise.'
            Originally posted by victor1echo
            Hollywood is satan!!!!
            sigpic

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            • #21
              masameet
              Veteran Member
              • Jun 2008
              • 4487

              I'm no lawyer but as I understand it, the law looks at intent. Council exhibited no malice. No malice = no vehicular gross negligence = no felony. Couple that with being a first-time offender/killer ... As someone who used to do a lot of road bicycling, including on the same road that the cyclists were killed, and who is now fat and happy to ride a motorcycle on South Bay roads, I dunno. I want justice for the dead. One day I may end up like them, killed by somebody who took his eyes off the road and then plowed into me from behind or the side.

              But time and time again, the law gives drivers what amounts to a "slap on the wrist" for the unlawful vehicular killing of bicyclists and motorcyclists. It's not fair. But it is what it is. In this instance I would quote Dickens: "The law is a ***."
              x

              "Let those find fault whose wit's so very small,
              They've need to show that they can think at all;
              Errors, like straws, upon the surface flow;
              He who would search for pearls, must dive below." -- John Dryden

              Comment

              • #22
                chickenfried
                Calguns Addict
                • Oct 2005
                • 7160

                I hear you Masa. I would've been happy with the same penalty you or I would've received for committing the same act. I don't feel what Council received is it.
                Originally posted by victor1echo
                Hollywood is satan!!!!
                sigpic

                Comment

                • #23
                  1911su16b870
                  CGN/CGSSA Contributor
                  CGN Contributor
                  • Dec 2006
                  • 7654

                  To the OP, PC15 baby!!! (the ole Academy Question)
                  "Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022

                  NRA Endowment Life Member, CRPA Life Member
                  GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer
                  Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun!
                  I instruct it if you shoot it.

                  Comment

                  • #24
                    SVT-40
                    I need a LIFE!!
                    • Jan 2008
                    • 12918

                    What a shame. Two dead and the officer gets a "minimal" sentence. I was frankly surprised by his agencies apparent stand to rehire him as a CSO or what ever.

                    The Officer messed up BIG TIME and two are dead. Nothing good comes from these accidents or situations. Regarding his Admin leave time off. Even Cops are entitled to due process. Just because they have been accused of a crime does not mean they are guilty. So since there has been no conviction there is usually no termination until a guilty verdict is reached.

                    Many time the officer can still be fired even after an innocent verdict due to violations of departmental policy's which are much stricter than criminal law.

                    That said, in a obvious crime situation the officer is usually fired when the D.A. files charges.
                    Poke'm with a stick!


                    Originally posted by fiddletown
                    What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

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                    • #25
                      J-cat
                      Calguns Addict
                      • May 2005
                      • 6626

                      He'll be paying for the rest of his life in one way or another. I know how it is, having worked double shifts back to back and almost falling asleep behind the wheel.

                      If you work 2-10's and then are forced to work 10-6, that ride home is no joke.

                      Employers really need to rethink their forced OT policy. I think that holding someone over for four hours is safer than the full eight.

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