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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: 2633
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 # 41.

#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  

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

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  

- - - - - - - - - -

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  


#41. To: Tooconservative, misterwhite (#11)

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

Do you find it perfectly acceptable to lie that a cop was skulking about?

Do you find it perfectly acceptable to lie that a cop was not authorized to be where he was at?

Do you find it perfectly acceptable to lie that a cop blindly shot a homeowner .

The cop was duly authorized to be there. He responded to a call to go there. He followed protocol for the call he was given. He did not shoot blindly. His flashlight revealed a person with a gun aimed at him. YOU FORGOT ABOUT HER GUN AND HIS FLASHLIGHT. He hit his target with one shot.

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.

Your bullshit does not change the Texas statute.

I can virtually guarantee you that this will not be the backbone of Dean's defense at trial.

You cannot guarantee a damn thing because you know nothing except:

You "knew" the cops faked a video of the gun.

You have stated

One more, on the gun that is shown very very briefly in the cop-cam footage.

It's #FakeVideo. They edited it.

During Monday’s press conference, Fort Worth Mayor Betsy Price said that displaying the gun in the bodycam footage was unnecessary.

“The images released showing the gun inside Ms. Jefferson’s home… the gun was irrelevant,” Price said. “She was in her own home caring for her 8-year-old nephew.”

Kraus agreed that in hindsight, showing the weapon in the bodycam footage video was the wrong thing to do. He said they will review why they added that to the footage and when it is and is not appropriate.

The PD tried to fake a cop-cam video and put a weapon in it. Gee, I wonder what the jury will think of that. You can expect the defense will call expert witnesses and also call the PD employees tasked with inserting that bogus footage of the gun.

I thought it looked hokey the moment I saw it. It looks wrong, like an amateurish fake video made by teens on YouBoob.

The window that he shot through to murder this woman. Looks like he shot her in the face. Those autopsy photos will be brutal

How stupid can you be? The video was real. The hole in the window shows the bullet passed through the LOWER SASH of a double hung window. By your expert calculation, she must have been about three feet tall. The autopsy photos will likely show a shot to her gut, or possibly her leg.

You have stated:

At some point, people will not accept a cop saying "Oh, I saw a nigger and I was frightened so I shot her full of holes with no regard for anyone else in the house."

He shot her because she was black. Did you embarrass yourself enough? Nope.

You stated:

The other officer was Carol Darch who passed her police trainee eligibility test on 3/7/2018 with a rank of 65 out of 100 applicants. Yet she did not take lead in the backyard. Because she was following PD policy and not murdering the black voters.

She was not murdering black voters. And Officer Dean was murdering black voters? Officer Dean was engaged in voter suppression?

https://en.wikipedia.org/wiki/Godwin%27s_law

Godwin's Law

Godwin's law (or Godwin's rule of Hitler analogies) is an Internet adage asserting that "As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches 1"; that is, if an online discussion (regardless of topic or scope) goes on long enough, sooner or later someone will compare someone or something to Adolf Hitler or his deeds, the point at which effectively the discussion or thread often ends. Promulgated by the American attorney and author Mike Godwin in 1990, Godwin's law originally referred specifically to Usenet newsgroup discussions. It is now applied to any threaded online discussion, such as Internet forums, chat rooms, and comment threads, as well as to speeches, articles, and other rhetoric where reductio ad Hitlerum occurs.

You also won an award re Godwin's Law for your reductio ad Hitlerum.

Godwin's Law

You stated:

You two just want to give any cop a get-out-of-jail-free card for anyone they shoot, no matter the circumstances. Because they have a badge. And because you two seem to have a fascistic homo-erotic fixation on constumed men with badges. This is a particular cultural characteristic of German and Russian totalitarianism that was expressed as Nazism and Soviet communism back in the era. Here's a photo that you two will probably like by the official top Nazi sculptor, pictured below with Hitler and Goebbels and Hitler's doggie Blondi sniffing the sculptor's crotch, like he has some B.O.

Pin badges on those statues and both you [nc - misterwhite] and nolu would be groveling on your knees.

The other cop on the scene is going to testify against him.

The other cop was not in position to see anything but Jefferson's face. The other cop was senior and did not break protocol to announce her presence.

She can testify that she saw only Jefferson's face, she hear Officer Dean call out for Jefferson to show her hands, put her hands up, and she heard the report of Dean's gun when he shot, and that he discharged one, and only one, shot. And she can testify as to why, as the senior of the two, she did not announce her presence or knock on the door, and why she was engaged in surveillance of the house.

Misterwhite stated:

You point a gun at someone walking outside your window it's not self-defense. It's assault. Which is a crime.

You replied to misterwhite:

It is not.

You're a piss-poor armchair lawyer. Maybe you should leave that end of it to nolu.

You stated:

Let's look at just one state's definition of assault and how it applied to a cop.

And you quoted an article that began:

Prince George's County Police Officer Jenchesky Santiago was convicted of first-degree assault and three other charges for pointing and holding his gun in a black man's face.

[snip]

misterwhite stated:

I say pointing a gun is assault, you say I'm full of it, then you post an article where a cop pointed a gun and was charged with assault.

Did you forget your original position?

I posted an authoritative law dictionary definition of assault, and requested you respond with a quote from your imaginary lawbook.

Black's Law Dictionary, Sixth Edition

Any willful attempt or threat to inflict injury upon the person of another, when coupled with an aparent present ability so to do, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm, constitutes an assault. An assault may be committed without actually touching, or striking, of doing bodily harm to the person of another.

Quote your imaginary lawbook.

You responded:

Dear God, are you under the impression that Black's Law Dictionary constitutes the statutes of the state of Texas or the city of Fort Worth or the official policies of the Fort Worth PD?

My opinion of your credibility on laws is plummeting.

Your non-answer did not provide any definition of assault or any Texas statute.

I responded to your non-answer with a quote from the applicable Texas statute:

You huff and puff, but you offer nothing to support your bullshit at #49 with more bullshit at #73, which descended lower at #74.

[Tooconservative #74] The police receive deference to their authority only if they identify themselves and present credentials. This is buttressed by making certain that the public can see their uniform as well as their badge.

As with #49 and #73, you pulled that out of your ass, not out of a lawbook or statute.

The Texas criminal statute on assault provides:

ASSAULT.

(a) A person commits an offense if the person:

[...]

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

[...]

(b) 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.

[...]

Have you no shame? You grossly misstated the law. You responded to Black's Law Dictionary by saying it was not Texas state law. You did not provide any quote of any law. In response to the Texas state law that was force fed to you, you have regurgitated and dribbled ever since.

You posted bullshit. You got caught. Deal with it.

nolu chan  posted on  2019-10-25   18:52:33 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 41.

#50. To: nolu chan, Tooconservative (#41) (Edited)

He followed protocol for the call he was given.

The interim police chief disagrees, as does virtually every other cop and legal expert in the state of Texas no doubt.

Interim police Chief Ed Kraus said during a press conference earlier this week that he intended to fire Dean but the 34-year-old resigned first.

"Had the officer not resigned, I would have fired him for violations for several policies, including our use of force policy, our de-escalation policy and unprofessional conduct," Kraus said.

BTW - the original call was NOT made to 911. The neighbor called a non-emergency line to report that Jefferson's home's front door had been left open and requested a "wellness check" which was ignored by the police - instead they escaled the call to an "open structure".

There was NO Emergency.

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.

Deckard  posted on  2019-10-25 19:31:30 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 41.

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