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Title: What if the Police Don’t Identify Themselves?
Source: The Libertarian Institute
URL Source: https://libertarianinstitute.org/ar ... lice-dont-identify-themselves/
Published: Oct 21, 2019
Author: Peter R. Quinones
Post Date: 2019-10-22 19:02:25 by Deckard
Keywords: None
Views: 2470
Comments: 83

Anyone who pays attention to cases involving police shootings, especially those that result in a fatality, has noticed that the narrative we first hear coming from the press soon changes. It is no different in the case of Atatiana Jefferson, who was gunned down through a closed window in her home on October 12, after a neighbor called police to report that her front door was ajar at 2AM.

Fort Worth police showed up for a “wellness check.” They didn’t bother knocking, instead deciding to pull their guns and lurk around the outside of the house with high-lumen flashlights. Officer Aaron Dean and his partner opened a gate to the backyard, entered, and noticed a silhouette in the window that turned out to be Jefferson. He never identified himself as a police officer, yelled “show me your hands,” and a split second later fired the fatal shot.

On Monday, 10/14/19, the Fort Worth PD announced that Dean had resigned from the police force before they could terminate his employment. The same day the report came that FWPD had filed murder charges against Dean. He was arrested, and soon after made the $200,000 bond.

When the arrest warrant affidavit was released to the public, it was alleged that Jefferson’s un-named 8-year-old nephew, who was playing video games with her, claimed that Atatiana had noticed people lurking outside, picked up her gun and pointed it at the window. Granted, until an investigation is done, facts such as these are not expected to come out (not that it exonerates the officer). On Thursday, the 17th, the narrative surrounding the initial call to police was changed from that of a “wellness check,” to one of a “potential burglary.” Once again, anyone who has examined cases as such recognizes that this is often done in officer-involved shootings.

The subject here should not be what the original intent of the call to law enforcement was made for, but whether a “mundane” has a right to protect their home from a “protected class member,” especially one who failed to identify himself as such. That there are people willing to defend the actions of officer Dean should come as no surprise. But is there a precedent for defending your home from officers who do not announce themselves?

Ray Rosas

On February 19, 2015, a Corpus Christi SWAT team led a “no-knock warrant” assault on the home of Ray Rosas. They had a search warrant and were looking to arrest his nephew, Santiago Garcia, who they suspected of selling drugs. Garcia was not in the home at the time. One would think that simple surveillance of the property could’ve informed police of this. Or they could’ve knocked and asked if he was in the dwelling. But no, Rosas suffered the typical, cowboy-type SWAT raid that police, on average do 50,000 times a year. When you compare that to 800 per annum in the 1980s, one should ask, why?

The team threw a flash-bang grenade into the bedroom of the Rosas home, which was followed by three cops entering without announcing that they were, in fact, law enforcement.

Rosas, whose home had been shot at in the past during drive-by shootings, believed he was being robbed, so he pulled out his gun and fired 15 times, striking three officers, all of whom survived the shooting.

Rosas was arrested on attempted capital murder which, if convicted, carried a sentence of life in prison. During the trial, those charges were reduced to three counts of aggravated assault on a “public official.” Prosecutors argued that he should’ve known they were police because he had a surveillance camera outside his home.

But Rosas had always maintained he did not know they were cops, telling cops as he was being arrested that he did not know they were cops. He also told jailers the same thing that night as they were booking him.

After almost two years in jail, awaiting, and during his trial, the jury deliberated for only two hours and found him not guilty.

The surveillance camera footage that allegedly captured the raid, was never released to the public.

How the case of Ray Rosas relates to the shooting death by law enforcement of Atatiana Jefferson should be clear. In Rosas’ case, the police never announced who they were, threw an explosive device into his bedroom, and trespassed into his home. A Texas jury decided that the testimony of police was contradictory, and that Ray was defending his castle from what he thought were criminals.

In Ft. Worth, the police officers never announced who they were and prowled around the outside of Jefferson’s home with flashlights, entering her fenced-in backyard. At 2 AM, it is not unreasonable to believe that anyone who owns a firearm would’ve done the same. Many on social media have proclaimed they would have done the exact thing that Atatiana did. Yet, there are those who seek to make the inane argument that if Dean is held responsible for this murder, “Who Would Ever be a Cop?” That is a great question ignoring the shooting.

Using the precedent of the Rosas case, the conviction of Aaron Dean looks to be a slam dunk, although they differ in that the aggressor was unharmed and the peaceful inhabitant was slaughtered. The defense will no doubt rely on the Graham vs. Connor decision. Taking that into consideration, the prosecutor is now the one looking down the barrel.

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Begin Trace Mode for Comment # 27.

#2. To: Deckard, Pierre Delecto (#0)

[Thread article by Peter R. Quinones]

Fort Worth police showed up for a “wellness check.”

On Thursday, the 17th, the narrative surrounding the initial call to police was changed from that of a “wellness check,” to one of a “potential burglary.” Once again, anyone who has examined cases as such recognizes that this is often done in officer-involved shootings.

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That was crushed and he has started whoring the same shit, word for word, on a new street corner.

Deckard/Matt Agorist/Peter R. Quinones/Tooconservative posted on 2019-10-22 20:03:07 ET

https://libertysflame.com/cgi-bin/readart.cgi?ArtNum=60338&Disp=75#C75

#75. To: Tooconservative (#72)

On Thursday, the 17th, the narrative surrounding the initial call to police was changed from that of a “wellness check,” to one of a “potential burglary.” Once again, anyone who has examined cases as such recognizes that this is often done in officer-involved shootings.

Officer Who Shot Atatiana Jefferson Wasn't Asked to Do Wellness Check Despite Neighbor's Request

Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Deckard  posted on  2019-10-22   20:03:07 ET  Reply   Trace   Private Reply  

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https://libertysflame.com/cgi-bin/readart.cgi?ArtNum=60338&Disp=97#C97

#97. To: Deckard, Matt Agorist (#75)

On Thursday, the 17th, the narrative surrounding the initial call to police was changed from that of a “wellness check,” to one of a “potential burglary.”

Matt. This is just bullshit.

There was never any mention of a wellness check.

On Saturday, 12 Oct 2019, the charge sheet reflected burglary.

On Monday, 14 Oct 2019, the affidavit in support of the arrest warrant reflected open structure.

Matt, I have the arrest warrant and affidavit posted with the article.

Police statements indicate they started calling it an open structure call on Saturday, 12 Oct 2019. They definitely documented it as an open structure call by Monday, 14 Oct 2019.

The TFTP incompetent bullshit is strong with this one. Two.

Matt and Matt, is this your impersonation of Mr. ROBOT?

nolu chan  posted on  2019-10-23   16:16:25 ET  Reply   Trace   Private Reply  

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https://libertysflame.com/cgi-bin/readart.cgi?ArtNum=60338&Disp=100#C100

#100. To: Deckard, misterwhite (#75)

On Thursday, the 17th, the narrative surrounding the initial call to police was changed from that of a “wellness check,” to one of a “potential burglary.” Once again, anyone who has examined cases as such recognizes that this is often done in officer-involved shootings.

Matt, It was a burglary on the Oct. 12 call log, and it was an open structure on the subsequent press release of 12 Oct.

https://pbs.twimg.com/media/EGsbrSzXUAMdNna.jpg

Fort Worth Texas Police

PRESS RELEASE

For Immediate Release

Oct. 12, 2019

FORT WORTH, Texas — Serving the public transparently and openly during good events and difficult events is a prerequisite to any professional police department. The Fort Worth Police Department is committed to ensuring the public is aware of major police incidents, especially officer involved shootings, and that details available arc released as quickly as possible given the gravity of the circumstances. On Saturday. Oct. 12, 2019, the Fort Worth Police Department responded to a call for service that resulted in the loss of a life and all evidence, witness statements, body camera footage, and any other available evidence is being collected and collated to ultimately be presented to the Tarrant County District Attorney’s Office to determine the final outcome.

Near 02:25 a.m.. Fort Worth Police Central Division officers responded to an Open Structure call for service in the 1200 block of E. Allen Ave. Details stated the front door to the residence was open. Responding officers searched the perimeter of the house and observed a person standing inside the residence near a window. Perceiving a threat the officer drew his duty weapon and fired one shot striking the person inside the residence. Officers entered the residence locating the individual and a firearm and began providing emergency medical care.

The individual, a black female, who resides at the residence succumbed to her injuries and was pronounced deceased on the scene. The officer, a white male who has been with the department since April of 2018. has been placed on administrative leave pending the outcome the critical police incident investigation. The Fort Worth Police Major Case unit. Internal Affairs unit and the Tarrant County Criminal District Attorney’s Law Enforcement Incident Team were notified and made lhe scene to conduct their aspect of the investigation to ensure all information and evidence was captured and preserved.

The Fort Worth Police Department is releasing available body camera footage to provide transparent and relevant information to the public as we arc allowed within the confines of the Public Information Act and forthcoming investigation. Camera footage inside the residence is not able to be released based on Public Information laws. The Fort Worth Police Department shares the deep concerns of the public and is committed to completing an extremely thorough investigation of this critical police incident to its resolution. As this investigation continues, information will be forthcoming in as timely a manner as possible.

@fortworthpd

nolu chan  posted on  2019-10-23   17:21:14 ET  Reply   Trace   Private Reply  

https://www.scribd.com/document/431151697/Aaron-Dean-Arrest-Warrant-ico-Atatiana-Jefferson

nolu chan  posted on  2019-10-24   9:29:55 ET  (2 images) Reply   Untrace   Trace   Private Reply  


#4. To: nolu chan (#2)

The subject here should not be what the original intent of the call to law enforcement was made for, but whether a “mundane” has a right to protect their home from a “protected class member,” especially one who failed to identify himself as such.

That there are people (here) willing to defend the actions of officer Dean should come as no surprise.

Deckard  posted on  2019-10-24   9:33:21 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Deckard (#4)

The subject here should not be what the original intent of the call to law enforcement was made for, but whether a “mundane” has a right to protect their home from a “protected class member,” especially one who failed to identify himself as such.

How could the victim see a badge in the dark? How could she see a black uniform?

It appears to me that Fort Worth PD has flat black uniforms for daily patrol duties. They seem to have navy blue uniforms for dress occasions and ceremonies. And their cops on bikes and horses also seem to wear dark navy uniforms for everyday patrol duties.

In the dark of night in an unlighted backyard, there is no difference between a dark navy uniform and a black uniform. And badges don't glow in the dark. And nothing can be seen when someone outside in the dark is pointing a flashlight in your eyes while screaming for no more than 1.43333 seconds before blasting you through your bedroom window.

The law only protects cops who have shown their badge and their uniform. And Dean/Larch chose not to present their badges/uniforms.

I wouldn't be surprised if this ends Larch's career in the PD. As senior officer, she should have insisted that they identify themselves to the home's residents. I'm pretty sure it will play out that way.

Tooconservative  posted on  2019-10-24   13:30:40 ET  Reply   Untrace   Trace   Private Reply  


#9. To: Tooconservative (#6)

[Tooconservative #6] How could the victim see a badge in the dark? How could she see a black uniform?

Matt, how would a blind or severely vision-impaired person see a uniform and badge in the light or the dark?

Matt, do you view it as perfectly acceptable and lawful for a blind person to wave a loaded gun about, pointing it at someone?

The Texas law makes one responsible for being able to see what they are aiming at.

Under Texas statute law, " (a) A person commits an offense if the person: ... intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against: (1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; ... (d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel."

The Texas statute clearly states the law. Whatever you aim your gun at, you are responsible for knowing what you are aiming at. If you aim at an officer in a distinctive uniform or with a displayed badge, you are responsible and are presumed, under the law, to have known that the person was a public servant, a security officer, or emergency services personnel.

nolu chan  posted on  2019-10-25   12:21:21 ET  Reply   Untrace   Trace   Private Reply  


#11. To: nolu chan, Deckard, misterwhite (#9)

Matt, do you view it as perfectly acceptable and lawful for a blind person to wave a loaded gun about, pointing it at someone?

Do you view it as perfectly acceptable and lawful for a cop to skulk about a property without any evidence of a crime in progress and then blindly shoot a homeowner alarmed by their skulking because the homeowner picked up a gun to defend themselves and a family member?

(d) For purposes of Subsection (b), the actor is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer or emergency services personnel."

You can keep posting this until you wear out your CTRL-C and CTRL-V keys and have to buy a new keyboard. This law only applies if the officer is clearly discerned as a legitimate lawful authority, by presenting themselves in uniform, with a badge. Not skulking around and then blasting someone to announce their presence.

The prosecutors will make very short work of any such defense. As you will learn in due course. Until then, copy/paste it all you like here at little LF but that isn't going to affect the outcome of the case. I can virtually guarantee you that this will not be the backbone of Dean's defense at trial. Because if that were the case, they would not have charged him with murder, would not have been able to get an arrest warrant for a non-crime, and Dean's lawyer(s) would already be filing motions to dismiss the case because immunity is protecting Dean. That is not the case. The PD, its current chief and other former high-ranking police officials, all support the prosecution. The other cop on the scene is going to testify against him. The prosecutor is dotting I's and crossing T's under Texas law by assembling a grand jury to indict him formally, subsequent to his arrest. And no judge is stopping them and no challenge based on Dean's immunity has been offered.

Maybe you should volunteer to be Dean's lawyer. You could solve this whole hullabaloo for him just by citing that little statute to a judge and getting the case thrown out, toute suite.

But that isn't what is happening, is it? How disappointing it must be for you that Dean's lawyers aren't as smart as you are. Maybe you should write them a letter of legal tips.

Tooconservative  posted on  2019-10-25   12:36:05 ET  Reply   Untrace   Trace   Private Reply  


#15. To: Tooconservative (#11) (Edited)

because the homeowner picked up a gun to defend themselves

The homeowner picked up a gun and pointed it out the window at someone they hadn't identified.

misterwhite  posted on  2019-10-25   14:36:41 ET  Reply   Untrace   Trace   Private Reply  


#17. To: misterwhite (#15)

They picked up a gun and pointed it out the window at someone they hadn't identified.

And to you that warrants a death sentence for the innocent homeowner with no repercussions to the officer who had violated police department policy multiple times, primarily by not announcing his presence.

You're in for a rude wake-up call from a Texas jury. And it won't take all that long.

Tooconservative  posted on  2019-10-25   14:42:40 ET  Reply   Untrace   Trace   Private Reply  


#20. To: Tooconservative (#17)

You're in for a rude wake-up call from a Texas jury.

If I'm on it he walks. Self defense. You have to judge his behavior on what he knew at the time, not two weeks later when all the facts are in.

misterwhite  posted on  2019-10-25   14:49:24 ET  Reply   Untrace   Trace   Private Reply  


#27. To: misterwhite, Deckard (#20)

If I'm on it he walks. Self defense.

No doubt his lawyer will try to exploit that angle.

And the prosecutor will be doing plenty of voir dire to stop such jurors as you from being seated on the jury.

It seems you are ready to engage in some jury nullification now. I thought you were fiercely opposed to that.

Tooconservative  posted on  2019-10-25   15:05:18 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 27.

#29. To: Tooconservative (#27)

It seems you are ready to engage in some jury nullification now.

No need. The law on self-defense is clear.

"And the prosecutor will be doing plenty of voir dire to stop such jurors as you from being seated on the jury."

The jurors who apply the law, you mean?

misterwhite  posted on  2019-10-25 15:10:37 ET  Reply   Untrace   Trace   Private Reply  


#31. To: Tooconservative, misterwhite (#27)

It seems you are ready to engage in some jury nullification now. I thought you were fiercely opposed to that.

Alternate text if image doesn't load

Deckard  posted on  2019-10-25 15:18:01 ET  (1 image) Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 27.

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