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Javid
Oct 21, 2004

:jpmf:
I have no idea how anyone can claim to conclusively see small details like that in that blurry as gently caress video.

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Waco Panty Raid
Mar 30, 2002

I don't mind being a little pedantic.

joeburz posted:

Truly indisputable...


Combined with it 1. not being there before and 2. Garmback kicking it away soon after the shooting, that's pretty convincing, yeah.

Sinnlos
Sep 5, 2011

Ask me about believing in magical rainbow gold

Tamir Rice was merely exercising his right to open carry under Ohio's laws. I'm very glad that all gun owners who open carry in Ohio will now be shot on sight, as it is nothing more than they deserve.

Foppery
Dec 27, 2013

I POSSESS THE POWER CHRONIC

Sinnlos posted:

Tamir Rice was merely exercising his right to open carry under Ohio's laws. I'm very glad that all gun owners who open carry in Ohio will now be shot on sight, as it is nothing more than they deserve.

(USER WAS PUT ON PROBATION FOR THIS POST)

Sinnlos
Sep 5, 2011

Ask me about believing in magical rainbow gold

Shoot first, ask questions later. That's how policing SHOULD work!

esto es malo
Aug 3, 2006

Don't want to end up a cartoon

In a cartoon graveyard

Waco Panty Raid posted:

Combined with it 1. not being there before and 2. Garmback kicking it away soon after the shooting, that's pretty convincing, yeah.

because a gun falling out of a waistband after you fall to the ground dying of a gunshot wound is outside the realm of possibility. sounds like something perhaps an indictment could clear up in an actual court case?

esto es malo
Aug 3, 2006

Don't want to end up a cartoon

In a cartoon graveyard

Weren't you just arguing earlier today that he didnt have it in a holster so he wasn't a True Open Carry Gunguy?

Sinnlos
Sep 5, 2011

Ask me about believing in magical rainbow gold

Hell, that 6'5" 225lbs 22 year old 5'7" and 175lbs 12 year old who looked like he was AT LEAST an NFL linebacker represented such an imminent threat that he HAD to be shot while the police were still pulling up.

exmarx
Feb 18, 2012


The experience over the years
of nothing getting better
only worse.

What the hell

William Bear
Oct 26, 2012

"That's what they all say!"

CommanderApaul posted:

Another part of the police shooting issues right now is that taser usage is on the decline because of a lot of well publicized bad uses of the taser. From my understanding (my old department got them prior to my starting there), it was originally marketed as an alternative to deadly force for some situations (guy with a knife/baseball bat/undrawn gun, etc), and that the usage of the taser would only occur, by policy, as part of a two man unit with a 2nd officer immediately ready to use deadly force if the taser didn't take effect. This was with the big and bulky M26 taser that wasn't carried on the belt, but was carried in a box in the cruiser with a seal on it, and was pretty much never used. It was also marketed as completely harmless, and part of our training was to get shocked with it to be authorized to carry it. To this day I would still rather be tased that pepper sprayed, and I took the ride 3 times, including getting shot with an actual cartridge as part of instructor training.

Shortly after I started, the X26 taser got developed, and it was a massively miniaturized model that was easily carried on the belt. The ease of access, along with the marketing material from Taser, and the fact that everyone who carried one had been shocked with it for a "it's not that bad" type of response, and it wound up in practice getting dropped down the use of force continuum from just below deadly force, to pretty much the very bottom, and the "reduced officer injuries" statistic from being able to push-stun a suspect with the taser until they complied instead of having to go hands on to wrestle them into handcuffs pretty much excused the fact that the police were literally electroshocking people into submission.

Then the death started, either from sudden cardiac/respiratory arrest or from suspects falling down and getting head injuries (in training, you stand on a mat with leads taped to you and have spotters to lower you to the ground. Doesn't exist when your suspect is in a parking garage with a knife and whacks his head on the parking stop on the way down). For my department, one of our officers tased a combative high school kid who was in the middle of a rowdy crowd rather than going hands on with him in the middle of a rowdy crowd, and the kid went into respiratory arrest while he was sitting up talking to the ambulance crew that were removing the barbs from his chest. They couldn't get him back, and the resulting lawsuit stripped us of our tasers as part of the settlement with the family.

Finally, Taser Int'l came out with guidance that suspects should no longer be shot in the chest with the taser due to the risk of sudden cardiac or respiratory arrest. One of the key pieces of marketing that got departments to issue the taser was that there was pretty much no additional training necessary, and that the muscle memory developed from sidearm training would translate to the taser, specifically the "aim center mass" part. Now, Taser was saying that you should essentially be aiming for the belly button or shooting the suspect in the back, neither of which are really effective in the environment that the taser was designed to be used in. If you aim lower than center mass, you run a pretty big risk of the lower barb missing completely (it's 8 degrees off the upper barb), and having someone loop behind a suspect is kindof impractical from the standpoint of if it doesn't work, now you have an officer as your backstop if you have to use deadly force.

Things like this are happening in departments across the country, and when the answer "why didn't they tase him" is either the department didn't buy enough to outfit every officer (they're more expensive than the sidearms are for most departments), or the department has stopped issuing them altogether.

This is a great post. When you retired, what was the force continuum? How would you make it better?

A lot of things discussed in this thread are related to officer training. Thanks for the information.

Jarmak
Jan 24, 2005

joeburz posted:

So, the DA set out to vindicate an officer blasting a dude without even making an attempt to defuse a situation, or even really say anything, and then blatantly lying on their police report. And because the DA accomplished their goals of doing so, which was the easiest task in the world being that the DA essentially holds the power of indictment in these situations, everything checks out?

How the gently caress are you not just probated over and over for this dumb rear end poo poo.

The prosecutor has the rightful ability to vindicate a suspect, it's not "tainting" the process for him to do that, it's part of their job.

Now, as I said it's perfectly valid if people want to claim he's a big rear end in a top hat racist for thinking there was no crime here, but focusing on the grand jury process is missing the forest for the trees.

Foppery
Dec 27, 2013

I POSSESS THE POWER CHRONIC

Even if Tamir Rice had a fully loaded pistol, the behavior of the officers in this case was inexcusable. You cant just respond to any vague threat (and indeed given the fact that Tamir Rice was nowhere close to the officers I frankly don't see how he could've qualified as such) with overwhelming lethal force. The only way this kind of behavior could possibly be justified is if Tamir Rice had fired upon officers or civilians, and anyone claiming otherwise is in my view morally reprehensible.

Waco Panty Raid
Mar 30, 2002

I don't mind being a little pedantic.

Sinnlos posted:

Tamir Rice was merely exercising his right to open carry under Ohio's laws. I'm very glad that all gun owners who open carry in Ohio will now be shot on sight, as it is nothing more than they deserve.
How original. It's not like we just spent a good chunk of yesterday discussing why what Tamir did (such as pointing his airsoft gun at people and now not just making a motion towards it but apparently drawing it from concealment in his waistband) isn't covered by open carry or anything.

joeburz posted:

Weren't you just arguing earlier today that he didnt have it in a holster so he wasn't a True Open Carry Gunguy?
That was about concealed carry and how carrying without a holster is a bad idea. It's also a derail I'm not really interested in discussing.

joeburz posted:

because a gun falling out of a waistband after you fall to the ground dying of a gunshot wound is outside the realm of possibility. sounds like something perhaps an indictment could clear up in an actual court case?
Yeah that doesn't make a whole lot of sense. This isn't the movies where gun shots throw people around like getting hit by a bus.

esto es malo
Aug 3, 2006

Don't want to end up a cartoon

In a cartoon graveyard

Waco Panty Raid posted:

Yeah that doesn't make a whole lot of sense. This isn't the movies where gun shots throw people around like getting hit by a bus.

well cops rolling up and blasting a kid before they even leave the vehicle and then lying on their police reports doesn't make a whole lot of sense either but you find no problem taking it hook line and sinker as justification for no wrongdoing

Waco Panty Raid
Mar 30, 2002

I don't mind being a little pedantic.

joeburz posted:

well cops rolling up and blasting a kid before they even leave the vehicle and then lying on their police reports doesn't make a whole lot of sense either but you find no problem taking it hook line and sinker as justification for no wrongdoing
Them blasting him makes a lot more sense if Tamir was actually drawing his airsoft gun.

Effectronica
May 31, 2011
Fallen Rib
My brother once pointed an airsoft gun at me. I'm glad to hear that Waco Panty Raid would have consoled my mother and father at the funeral with "He shouldn't have been pointing it at someone, that's why the police killed him and got away scot-free."

Toasticle
Jul 18, 2003

Hay guys, out this Rape

Dead Reckoning posted:

I don't think that the cops' file on you should be made public when they fail to convince a GJ that a crime has occurred.


You don't have to. I'm talking about essentially the transcript. Did he present the case without bias or did he go out of his way to "We've looked into this and this poor cop is being railroaded" because that's the purpose of a trial, the GJ is only there to decide if the facts warrant charging someone. Making the transcripts public would remove any doubt if he was fair and unbiased or played defense attorney.

quote:

Why shouldn't a prosecutor hire expert witnesses to testify to a GJ about precedent or complex legal issues?

Because that's not their job, that's what the trial is for. It's supposed to be "Here is what happened, here are the facts we know and this is why we think this person is responsible." They aren't there to determine actual guilt, just decide if the facts support the charge.

Jarmak posted:

Anyone else the DA didn't want to charge he just wouldn't have charged, the entire grand jury song and dance with experts was about attempting to prove to the public that he was right about the fact the cop shouldn't be charged.

Its politics .

I know. You and I may disagree on everything but a I think we can both agree that an open judicial system that leaves no murky areas for people to think any shady poo poo went down would give people more trust in the system. People are starting to lose faith in the police, losing faith in the court system and poo poo gets ugly. If it can be shown that Tamirs killer was treated the same way as every other defendant people may not like if he isn't indicted or is found not guilty but an open system would at least remove doubts that he got special favors.

That can only help things, can we agree on that?

Toasticle fucked around with this message at 04:03 on Dec 30, 2015

Raerlynn
Oct 28, 2007

Sorry I'm late, I'm afraid I got lost on the path of life.

Jarmak posted:

The prosecutor has the rightful ability to vindicate a suspect, it's not "tainting" the process for him to do that, it's part of their job.

So how do we address this? By your own admission the DA is not simply presenting the facts to determine if an indictment was possible in a neutral light, but went out of his way to stack the proceeding within the letter of the law to specifically exonerate a man who were it not for his position would likely have faced an actual trial. This seems to be a really clear cut case of a DA having a conflict of interest and going out of his way to avoid having to put an officer on trial.

Jarmak posted:

Now, as I said it's perfectly valid if people want to claim he's a big rear end in a top hat racist for thinking there was no crime here, but focusing on the grand jury process is missing the forest for the trees.

I suspect actually you are missing the forest here. The issue that raises such a moral outrage here is that the DA has an unreasonably massive impact on the grand jury process that doesn't have any reasonable checks beyond "don't vote for him next election". There's no mechanism for a judge to claim violation of public policy and there's no appeal process. How do you pursue justice within the system when the system itself is trying is hardest to shut you down?

Foppery
Dec 27, 2013

I POSSESS THE POWER CHRONIC

If you think that Tamir Rice, when he saw the cop car charging at him, concluded that his best move would be to draw his airsoft pistol and point it at them, then you're REALLY loving stupid

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe

joeburz posted:

Truly indisputable...



I think there is a much bigger story here. Bigfoot is clearly getting out of the other door of the squad car, and there is a second gunman behind the picnic bench.

Recoome
Nov 9, 2013

Matter of fact, I'm salty now.
i can't believe that a cop literally drives up to a kid and shoots them

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
Change of pace:

police are just using attack did indiscriminately

e: like text messages planning to just have a dog attack a guy before they even show up

WhiskeyJuvenile fucked around with this message at 04:27 on Dec 30, 2015

drilldo squirt
Aug 18, 2006

a beautiful, soft meat sack
Clapping Larry

Haha, they hosed up doing that to a white person.

Mia Wasikowska
Oct 7, 2006

WhiskeyJuvenile posted:

Change of pace:

police are just using attack did indiscriminately

e: like text messages planning to just have a dog attack a guy before they even show up

in the context of everything that's happened lately it looks like farce, but no it's still just tragedy

Captain_Maclaine
Sep 30, 2001

Every moment that I'm alive, I pray for death!

He later issued a clumsy non-apology that of course Tamir's cynically scheming golddigger of a mother had every right to mourn his tragic-yet-fully-justified murder how could anyone think he'd meant anything else?

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe
Why is :nws:this:nws: considered "award winning police dog training"?

AreWeDrunkYet
Jul 8, 2006

SedanChair posted:

Why is :nws:this:nws: considered "award winning police dog training"?

Look at those earrings, clearly he was a thug that had it coming. His eyes are red, he was probably crazed out on weed. Those pajamas are in gang colors, too. Makes you think...

Cyberpunkey Monkey
Jun 23, 2003

by Nyc_Tattoo
LoL, that's not new poo poo, either. Trust me, I know.

drilldo squirt posted:

Haha, they hosed up doing that to a white person.

lol, k

Darth Walrus
Feb 13, 2012

Foppery posted:

If you think that Tamir Rice, when he saw the cop car charging at him, concluded that his best move would be to draw his airsoft pistol and point it at them, then you're REALLY loving stupid

On the other hand, it's not implausible that a twelve-year-old boy, upon seeing two guys in a huge black squad-car charging at him and yelling at him to put the gun down, might reach to grab the toy he's got tucked into his belt so he can put it down on the ground like they're asking. Which might look to a twitchy, paranoid, and totally unqualified cop like he's drawing on them. Stupidity is a possible alternative interpretation to malice here, even if they obviously spiced things up to make themselves look less like total trigger-happy idiots afterwards.

chitoryu12
Apr 24, 2014

Darth Walrus posted:

On the other hand, it's not implausible that a twelve-year-old boy, upon seeing two guys in a huge black squad-car charging at him and yelling at him to put the gun down, might reach to grab the toy he's got tucked into his belt so he can put it down on the ground like they're asking. Which might look to a twitchy, paranoid, and totally unqualified cop like he's drawing on them. Stupidity is a possible alternative interpretation to malice here, even if they obviously spiced things up to make themselves look less like total trigger-happy idiots afterwards.

I don't think malice was ever really in the cards for our theories with these guys. The driver had complaints and a history of being an abusive rear end in a top hat, but the guy who actually fired his gun was emotionally unstable to the point of breaking down in tears over unrelated drama during firearms training. I don't recall anyone ever thinking that he must have been evil and intentionally out to kill a 12-year-old. What he is is incredibly stupid and definitely not emotionally stable enough to be trusted with a lethal weapon. Especially with the dispatcher forgetting to relay "He's also a small child and probably not holding a real gun", he probably rolled onto the scene expecting a shootout and reacting without thinking or observing the scene in any logical sense.

Much like with John Crawford, where the officers were given a greatly exaggerated 911 story of a potential active shooter and showed up mentally ready for an active shooter scenario. Expecting to face a psychopath with a rifle and body armor, they rolled out with AR-15s and started firing as soon as the target came into view like they were Hollywood heroes.

7c Nickel
Apr 27, 2008
Look, yelling contradictory or impossible instructions at people and then murdering them is just a Police tradition. Stop trying to stamp out their heritage ok?

chitoryu12
Apr 24, 2014

Basically, cops want to imagine that this is the kind of scene they're about to face whenever they knock on a door:

https://www.youtube.com/watch?v=9o5znwfBcx0

In reality, none of the Haitians are armed and the cops are acting on a bad tip from a meth dealer.

ANIME AKBAR
Jan 25, 2007

afu~
Just occurred to me, does anyone know if the car's sirens or lights were on when Rice was shot? From the video it looks like the lights weren't on, but I can't find any clarification online.

DARPA
Apr 24, 2005
We know what happens to people who stay in the middle of the road. They get run over.
Why would the police use lights or a siren during a tactical insertion?

Does anyone have a press release or news report quoting a police union supporting the labor rights of non-police workers over, say, the last 25 years? For example in Wisconsin, police are the literal boot on labors' throat while personally enjoying specifically carved out exemptions.

FistEnergy
Nov 3, 2000

DAY CREW: WORKING HARD

Fun Shoe
As a Clevelander, let me just say that Timothy McGinty is an rear end in a top hat. An embarrassing rear end in a top hat. What a sad, predictable farce. Let the Feds come in and finally start making heads roll.

Dead Reckoning
Sep 13, 2011

Toasticle posted:

You don't have to. I'm talking about essentially the transcript. Did he present the case without bias or did he go out of his way to "We've looked into this and this poor cop is being railroaded" because that's the purpose of a trial, the GJ is only there to decide if the facts warrant charging someone. Making the transcripts public would remove any doubt if he was fair and unbiased or played defense attorney.
The prosecutor is notionally supposed to present evidence to the GJ, who decide whether it supports charging the suspect. Unless you redact the prosecutor's testimony beyond readability, it's going to by definition contain the evidence against the accused.

Toasticle
Jul 18, 2003

Hay guys, out this Rape

Dead Reckoning posted:

The prosecutor is notionally supposed to present evidence to the GJ, who decide whether it supports charging the suspect. Unless you redact the prosecutor's testimony beyond readability, it's going to by definition contain the evidence against the accused.

How about instead of going back and forth over how it's going to work and boring everyone you just say if you agree there should be some kind of openness to let people see is the DA acting like a DA or is he acting like a defense attorney?

Hell I don't even think any information that could identify the accused or the victim should be released, especially in sex related cases (Whuch means I love rape apparently) because the social damage done to the accused and the potential social damage to the accuser if the former is found innocent. So protecting identities and potentially damaging details is fine but seeing how the DA performs his or her job would stop or at least defang accusations of misconduct. Or prove them if it's obvious they were playing defense.

twodot
Aug 7, 2005

You are objectively correct that this person is dumb and has said dumb things

Toasticle posted:

How about instead of going back and forth over how it's going to work and boring everyone you just say if you agree there should be some kind of openness to let people see is the DA acting like a DA or is he acting like a defense attorney?

Hell I don't even think any information that could identify the accused or the victim should be released, especially in sex related cases (Whuch means I love rape apparently) because the social damage done to the accused and the potential social damage to the accuser if the former is found innocent. So protecting identities and potentially damaging details is fine but seeing how the DA performs his or her job would stop or at least defang accusations of misconduct. Or prove them if it's obvious they were playing defense.
Openness is only good if there is a plan to provide openness which is also good which is why the back and forth matters for anyone sincerely interested in change. For your second paragraph, go ahead and read up on personally identifiable information, and think about why that may be complicated and needing clarification.

William Bear
Oct 26, 2012

"That's what they all say!"

Darth Walrus posted:

On the other hand, it's not implausible that a twelve-year-old boy, upon seeing two guys in a huge black squad-car charging at him and yelling at him to put the gun down, might reach to grab the toy he's got tucked into his belt so he can put it down on the ground like they're asking. Which might look to a twitchy, paranoid, and totally unqualified cop like he's drawing on them. Stupidity is a possible alternative interpretation to malice here, even if they obviously spiced things up to make themselves look less like total trigger-happy idiots afterwards.

Those were not the orders of the police account. The shooter, Officer Loehmann, says that he and his partner were both "repeatedly" shouting "show me your hands".

His statement to the grand jury is here:
http://prosecutor.cuyahogacounty.us/pdf_prosecutor/en-US/Tamir%20Rice%20Investigation/Officer%20Loehmann%20Statement.pdf

Notably, he keeps saying training phrases, like "hands can kill", "the cruiser is a coffin", and "tap-tap".

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Jarmak
Jan 24, 2005

Raerlynn posted:

So how do we address this? By your own admission the DA is not simply presenting the facts to determine if an indictment was possible in a neutral light, but went out of his way to stack the proceeding within the letter of the law to specifically exonerate a man who were it not for his position would likely have faced an actual trial. This seems to be a really clear cut case of a DA having a conflict of interest and going out of his way to avoid having to put an officer on trial.


I suspect actually you are missing the forest here. The issue that raises such a moral outrage here is that the DA has an unreasonably massive impact on the grand jury process that doesn't have any reasonable checks beyond "don't vote for him next election". There's no mechanism for a judge to claim violation of public policy and there's no appeal process. How do you pursue justice within the system when the system itself is trying is hardest to shut you down?

There's no mechanism for punishing an elected official for acting completely within the bounds of the legitimate discretion of his office because you disagree with his decisions. Just imagine for a second how much worse the justice system would be if DAs were compelled by law to try every single person accused of a crime to their utmost ability even if they thought they were innocent.

I just don't understand what's not getting communicated here, the DA is under no obligation to present to the grand jury at all, if he doesn't think charges are warranted he can legitimately just say "nope, no charges". Its not misconduct for him to spike a grand jury, he doesn't even have to let the grand jury get a chance to indict at all. I can definitely see there being a concern if a DA was using the secrecy of grand jury proceedings to hide the fact he's spiking the case, but this guy isn't, he's being completely open with the fact he didn't think charges are warranted and that's within the discretion of his office. Yes the check to elected officials not using the powers of their office the way you like is to not vote for them.

Also I'm not sure what you mean by "there's no appeals process", double jeopardy doesn't attach as a result of a grand jury hearing.

Toasticle posted:

How about instead of going back and forth over how it's going to work and boring everyone you just say if you agree there should be some kind of openness to let people see is the DA acting like a DA or is he acting like a defense attorney?

Hell I don't even think any information that could identify the accused or the victim should be released, especially in sex related cases (Whuch means I love rape apparently) because the social damage done to the accused and the potential social damage to the accuser if the former is found innocent. So protecting identities and potentially damaging details is fine but seeing how the DA performs his or her job would stop or at least defang accusations of misconduct. Or prove them if it's obvious they were playing defense.

No, I think that's a horrible idea, the entire point the grand jury is protecting people from suffering the social sanction of unwarranted accusations. As of now there's absolutely nothing to gain by removing this protection, every DA who's played soft with the grand jury has owned it and/or gotten transcripts released.

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