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OCDA Just Threw Us ALL Under The bus.....WTF ???!!

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  • #16
    1911su16b870
    CGN/CGSSA Contributor
    CGN Contributor
    • Dec 2006
    • 7654

    So what the OC DA in effect is saying "when you have a non-compliant person sitting down, don't glove up and make two fists and say you are going to beat them up..."
    "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

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    • #17
      ocmsrzr
      Member
      • Feb 2005
      • 393

      Originally posted by Samuelx
      apples and oranges
      OK Sir...how?

      As a former federal LEO, I have seen excessive force go federal...it's a gut wrencher to watch a team member go through.
      I thought I was a has been, it turns out I am an overskilled underachiever...Who knew?

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      • #18
        Falconis
        Senior Member
        • Feb 2008
        • 1688

        I meant to comment on this earlier, but between the SF shooting where the bystander got shot in the legal forum and my utter disgust of the OCDA, I still can't find the words. It is not ok to resist arrest, that's what the civil courts and all after incident type remedies are for. Fighting the cops at the time only escalates the situation and leads to tragic circumstances. It's too bad this DA can't see the harm he is about to cause.

        It is apples and oranges in this case. Let's say for argument's sake that the cop did make a bad arrest. The subject now resisting can't say a damn thing. Had he gone with the program, he would be able to remedy the situation and probably come out ahead.

        But to decry such things before the actual trial is wrong. No matter who the defendant is. Anyone who says otherwise is a damn hypocrite.
        Last edited by retired; 09-23-2011, 4:22 PM.

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        • #19
          Falconis
          Senior Member
          • Feb 2008
          • 1688

          BTW, I can't say I am surprised. We had a case here about 13 years ago where 4 of our guys were prosecuted for force, planting evidence, and a whole litany of other charges. The prosecution was overzealous to say the least. Their star witness was a rookie who pretty much quit because he couldn't hack FTO and was found out to be a liar while testifying on the stand. The end result were no convictions even after a retrial and trust me, the deck was stacked against those 4 cops. I just hope this guy gets a fair trial.

          Turned out the lead prosecutor for the first trial got hired to be the #2 DA in another county shortly before the trial ended. He didnt even stick around to see himself lose the case.

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          • #20
            retired
            Administrator
            CGN Contributor - Lifetime
            • Sep 2007
            • 9408

            This is for any member who called the DA an idiot or spelled his name in an insulting manner: Knock off the snarky names you have made for the DA. Either refer to him by his name or the DA.
            Last edited by retired; 09-23-2011, 4:29 PM.

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            • #21
              repomanNWP
              Senior Member
              • Jun 2009
              • 1058

              I've never liked DA's playing to cameras, its not good for fairness, and probably not conducive to achieving justice.

              As for the DA, he didn't say anything I didn't know already, and as far as resisting I thought (I"m not going to double check this so could be wrong) that his comment was specific to situations in which LEO's are using excessive force only. I didn't see anything wrong with that.

              As for complying with officers, that's my policy, I stfu and do what I'm asked, but then again, I've never had a particularly bad LEO encounter, I can envision scenarios - and we saw one here with Kelly Thomas, where 100% compliance is not an option unless you want to be hurt or killed. I supposed what the OP was saying is that if you comply from the outset, you won't get into a situation where you have an excessive force scenario...
              sigpic

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              • #22
                Notorious
                Veteran Member
                • Sep 2008
                • 4695

                Maybe he did it as a tactic for the defense later to get a mistrial?
                I like guns

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                • #23
                  Samuelx
                  Senior Member
                  • Apr 2010
                  • 1558

                  Originally posted by retired
                  This is for any member who called the DA an idiot or spelled his name in an insulting manner: Knock off the snarky names you have made for the DA. Either refer to him by his name or the DA.
                  Post edited. Sorry about that Sir...

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                  • #24
                    bussda
                    Senior Member
                    • Jan 2009
                    • 1182

                    Three points:
                    There has been much outcry about this case, it needed to be addressed publicly so people can calm down.
                    Why certain officers are being charged and for what. Prejudical? That is for the legal system to determine.
                    Why certain officers are not being charged.

                    Remember your history: Rodney King, Rampart, Majors2.
                    I don't care what you call me, just don't call me late for dinner. Stupid Idiot will suffice, after all, it's only words.

                    You must define something before you can understand it.

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                    • #25
                      Sniper3142
                      Veteran Member
                      • May 2004
                      • 2579

                      Originally posted by Falconis
                      It is not ok to resist arrest, that's what the civil courts and all after incident type remedies are for.
                      Tell that to the Thomas Family in general and to Kelly Thomas in particular.

                      Fighting the cops at the time only escalates the situation and leads to tragic circumstances.
                      Yeah maybe. But letting a group of police officers beat you to death doesn't sound like a win in my book either!
                      Internet Talk is Cheap

                      Man Up, Show Up, or Shut the @#$! Up.

                      https://www.youtube.com/watch?v=C74HgbjSCLM

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                      • #26
                        Falconis
                        Senior Member
                        • Feb 2008
                        • 1688

                        you resist arrest what do you think the outcome is going to be. I havent read that article fully and i doubt it has all the details but what good does fighting a cop do?

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                        • #27
                          Notorious
                          Veteran Member
                          • Sep 2008
                          • 4695

                          What they deserve. That's what!
                          I like guns

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                          • #28
                            Che762x39
                            Veteran Member
                            • Aug 2011
                            • 4538

                            Can I have a decaf?

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                            • #29
                              Samuelx
                              Senior Member
                              • Apr 2010
                              • 1558

                              Originally posted by ocmsrzr
                              OK Sir...how?

                              As a former federal LEO, I have seen excessive force go federal...it's a gut wrencher to watch a team member go through.
                              Two entirely different codes/statutes.

                              Btw, I have NEVER seen an excessive/unreasonable force incident where the supposed "victim" (aka the "suspect") was 100% innocent of instigating and/or aggravating the situation BUT I have seen PLENTY where righteous scumbags got off even though their actions/inactions/or crimes committed created the cause for using force to begin with...

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                              • #30
                                TrailerparkTrash
                                Veteran Member
                                • Oct 2005
                                • 4249

                                Originally Posted by Falconis
                                "It is not ok to resist arrest, that's what the civil courts and all after incident type remedies are for."
                                Originally posted by Sniper3142
                                Tell that to the Thomas Family in general and to Kelly Thomas in particular.
                                Since you mentioned the word "family," and the topic has turned another "corner" of discussion, I'll bring in another comment to this incident. Isn't it funny that the dad (of the deceased) in this case didn't want anything to do with his son prior to son being killed as a result of this incident? Didn't the dad have not one, not two but THREE restraining orders against his son to stay the heck away from home, mom, dad, the house, mom's work place, etc..., because he was violent with her (mom)???? If he's violent with mom (family member), it must have been easy for him to get violent with the police.

                                I'm not backing the two police officers charged. If they used excessive force, the evidence will eventually come out in court. But the dad is really pouring the "spin" on with how much he "cares" for his son.

                                So, after son lives in the gutter with no roof on his head for who many years, dad is suddenly concerned and "outraged" that his son fought the police and was beaten to death???? Where was dad in the first place and why was he allowing his son to live in the gutters of Fullerton? Why didn't dad get his son into a hospital in the first place. Dad is really putting the spin on this case by acting like he really cared about his mentally ill son. I don't buy it at all.

                                Oh i know.... $,$$$,$$$+++ are on the horizon for dad now.
                                sigpic

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