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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: 2294
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 # 30.

#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.

- - - - - - - - - - - - - - - - - - - -

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  


#7. To: Tooconservative (#6) (Edited)

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

Well Matt, nolu sham seems to believe that Atatiana Jefferson should have "presumed" that it was Dean in her backyard and not a burglar. Even though Dean failed on several occasions to announce himself as the police and was pointing a light directly into the window making it impossible for her to see who it was outside, Atatiana should have possessed psychic ability or some such nonsense to determine that it was a cop in her yard.

After all, cops are well-known for prowling around people's yards and snooping in windows at zero-dark-thirty, right?

The message from nolu (and whitey) is that the homeowner is not legally allowed to protect their home with a gun, because it might be the police and not a bad guy outside.

Deckard  posted on  2019-10-24   15:09:36 ET  Reply   Untrace   Trace   Private Reply  


#12. To: Deckard, nolu chan, misterwhite (#7)

After all, cops are well-known for prowling around people's yards and snooping in windows at zero-dark-thirty, right?

I know. The police prowl every backyard unannounced night and day here in my town. I'm sure it's the practice across the nation. ‹/sarcasm

The message from nolu (and whitey) is that the homeowner is not legally allowed to protect their home with a gun, because it might be the police and not a bad guy outside.

The problem is that this demolishes any right to self-defense because that guy with a gun can get the drop on you before you, the innocent homeowner defending your family and property, has a chance to respond. Castle doctrine holds very strongly the right to self-defense, the defense of property, etc.

Perhaps nolu and misterwhite would like to pass some laws that require all criminals to announce themselves, wear badges and uniforms instead of having the cops do that. That way, the homeowner could see the burglars and rapists and murderers clearly because they had badges/uniforms and announced their presence as a criminal and then the homeowner could finally lawfully reach for a gun to defend themselves and their family.

Really, nolu and misterwhite are turning the right to self-defense entirely on its ears. It's bizarre, a perverse notion of of the American right to self-defense even. It's why their rhetoric sounds so repulsive.

Tooconservative  posted on  2019-10-25   12:42:45 ET  Reply   Untrace   Trace   Private Reply  


#16. To: Tooconservative (#12)

The problem is that this demolishes any right to self-defense because that guy with a gun can get the drop on you before you, the innocent homeowner defending your family and property, has a chance to respond.

Bullshit. Had she pointed the gun and fired, the cop would be dead. She hesitated. She lost.

The bottom line is she never should have pointed the gun. Get the gun out of the purse, sure, but hold it downward, preferably hidden.

misterwhite  posted on  2019-10-25   14:42:22 ET  Reply   Untrace   Trace   Private Reply  


#24. To: misterwhite, Tooconservative (#16) (Edited)

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

Atatiana Jefferson's nephew said she pointed a gun out of a window before a Fort Worth police officer shot her. Her family and the police chief say she had every right to do so.

press release from the Fort Worth Police department said that Dean saw a person standing near a window while searching the home's perimeter and drew his weapon.

  • The Fort Worth Police Department's interim police chief, Ed Kraus, defended Jefferson's decision to carry a gun. 

  • Lee Merritt, a lawyer for Jefferson's family, said she had every right to defend herself, and echoed the fact that officers did not announce themselves when they were on Jefferson's property.

    Also, there's this: The warrant doesn’t say Dean told police he saw a weapon, but it does say his partner could only see Jefferson’s face in the window before Dean opened fire.

    If he had indeed seen a gun, one would think he would be telling everyone in Texas - instead, after realizing he screwed the pooch big time, he resigned before he could be fired.

    The guy was basically a rookie with what, a year on the force? Maybe he didn't realize that history has shown if he had made up some bullshit story about seeing a gun, chances are he'd be given a two-week vacation (suspension) while the department "investigated" the incident and escaped any kind of punishment.

Deckard  posted on  2019-10-25   14:57:45 ET  Reply   Untrace   Trace   Private Reply  


#30. To: Deckard (#24)

Also, there's this: The warrant doesn’t say Dean told police he saw a weapon, but it does say his partner could only see Jefferson’s face in the window before Dean opened fire.

No one has even established if Dean could actually see the resident's gun through the window. We have a photo of a bedroom window with a bullet hole in it but with the blinds pulled more than halfway. If they were in that position during the shooting, we have good reason to doubt that Dean could even have seen and accurately identified a gun in her hand. If he couldn't see well, it could have been the game controller for the game console she and her nephew were gaming on. It could even have been a plastic replica gun or rifle used to play shooting games on the gaming console.

It could be germane as to whether Dean could even have seen the gun in her hand. He may have just blasted a dimly seen black person, seen partially through blinds at night while trying to discriminate the dark background, the lighted window and his own flashlight's very bright beam. It is not a good situation for anyone to discern targets with any accuracy.

The simply story is this: a fraidy-cop didn't announce his lawful presence and blasted a homeowner without any justification. And that will convict him.

Tooconservative  posted on  2019-10-25   15:13:55 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 30.

#32. To: Tooconservative (#30)

No one has even established if Dean could actually see the resident's gun through the window. We have a photo of a bedroom window with a bullet hole in it but with the blinds pulled more than halfway. If they were in that position during the shooting, we have good reason to doubt that Dean could even have seen and accurately identified a gun in her hand.

I watched the body-cam video again - the light he was pointing into the window was reflecting off the glass. He couldn't really see much of anything IMO.

Deckard  posted on  2019-10-25 15:20:02 ET  Reply   Untrace   Trace   Private Reply  


#35. To: Tooconservative (#30)

If he couldn't see well, it could have been the game controller for the game console she and her nephew were gaming on. It could even have been a plastic replica gun or rifle used to play shooting games on the gaming console.

The nephew said she took a REAL gun out of her purse and pointed it out the window.

misterwhite  posted on  2019-10-25 15:28:54 ET  Reply   Untrace   Trace   Private Reply  


#48. To: Tooconservative (#30)

No one has even established if Dean could actually see the resident's gun through the window.

The defendant need prove nothing. The prosecution must prove all alleged facts beyond a resonable doubt. Your speculation serves acquittal. When the known facts lead to multiple reasonable conclusions, one of which leads to innocence, the one leading to innocence must be chosen.

Your desperate grope needs proof beyond a reasonable doubt that he could not possibly have seen the gun, not speculation.

The simply story is this: a fraidy-cop didn't announce his lawful presence and blasted a homeowner without any justification. And that will convict him.

That would have been a breach of protocol and will play no part in the trial. The senior officer did not announce her/their presence. She also followed protocol.

nolu chan  posted on  2019-10-25 19:07:36 ET  Reply   Untrace   Trace   Private Reply  


#52. To: Tooconservative (#30) (Edited)

No one has even established if Dean could actually see the resident's gun through the window ... it could have been the game controller for the game console ... It could even have been a plastic replica gun ...

So he needed to determine if it was a game controller, a plastic gun, or a real gun, through the window and blinds, in the dark at 2:30 am, in 1.44 seconds.

And even if he determined it was a real gun, he had to conduct a fact- finding mission to find out who she was and whether or not she was going to shoot him. In 1.44 seconds.

misterwhite  posted on  2019-10-26 09:35:53 ET  Reply   Untrace   Trace   Private Reply  


#53. To: Tooconservative (#30) (Edited)

and blasted a homeowner without any justification

Well, other than the fact that she had a gun pointed at his head.

misterwhite  posted on  2019-10-26 09:39:08 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 30.

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