Cop’s AR-15 Dust Cover Inscription Used Against Him in Court

[IndyDave1776]

His mindset has nothing to do with it (or shouldn't). The legal (criminal) standard is whether or not his actions were reasonable given the circumstances, everything else should be saved for civil court.

All of the chest thumping macho BS in the world, regardless how idiotic it may be, does not render a reasonable use of force unreasonable. Just as the best of intentions do not render an unreasonable use of force reasonable. Its either lawful or its not and the yardstick is Graham V Connor.

 

[Cameramonkey]

His mindset has nothing to do with it (or shouldn't). The legal (criminal) standard is whether or not his actions were reasonable given the circumstances, everything else should be saved for civil court.

All of the chest thumping macho BS in the world, regardless how idiotic it may be, does not render a reasonable use of force unreasonable. Just as the best of intentions do not render an unreasonable use of force reasonable. Its either lawful or its not and the yardstick is Graham V Connor.

You are forgetting we are now in a world where facts dont matter as much as feelings.

 

[Fargo]

Interesting. I can see that ruling...it's likely legally correct, I just don't expect too much of that sometimes.

The issue shouldn't be his general mindset or the mindset at the time he installed the dust cover, but what was his mindset when he pulled the trigger...several times.

If he testifies, I would say he's going to have to be really careful to not open the door to it becoming admissible.

 

[HoughMade]

If he testifies, I would say he's going to have to be really careful to not open the door to it becoming admissible.

I'd say you are correct. Many times witnesses just can't stick to the facts and have to start running off at the mouth about the "kind of person I am".....pretty much never a good idea.

 

[BehindBlueI's]

You are forgetting we are now in a world where facts dont matter as much as feelings.

That's not a "now", that's just how humans function by default. We interact with the world via narratives. Some we're given, some we invent, etc. The narratives are what we think the world is.

It's why defense attorneys dress their clients up in shirt and tie. Appearances and narratives matter, and they matter a lot more than most of us are aware of. Think of all the narratives that swirled around Zimmerman. An extreme example, but one everyone is familiar with. I will tell you from first hand experience that if you present as a-hole, a predator, etc. that will have some impact on charging decisions. It doesn't turn a cut-and-dry good shoot into a bad shoot, but it *is* a factor. The time to think about that is now, before you're in a shooting, and remember that even a good shoot may take time to figure out.

 

[HoughMade]

As to this situation, don't put super-operator cool guy killing machine artwork on your defense guns so you don't have to hope the trial judge gets the ruling on the motion in limine right.

 

[IndyDave1776]

As to this situation, don't put super-operator cool guy killing machine artwork on your defense guns so you don't have to hope the trial judge gets the ruling on the motion in limine right.

Are you trying to tell us that the easiest problem to solve is the one you don't create in the first place?

 

[Wild Deuce]

*

 

[Fate]

It's crazy how they will look for any little thing to make someone out to be the bad guy

 

[Hoosier45]

Imagine if he had an INGO lower...

 

[straight-shooter]

It's crazy how they will look for any little thing to make someone out to be the bad guy

Unfortunately for the officer, the inscription tells a small piece of the story about his character. Thus the reason prosecutors use it against him. Not something I would have on a rifle used in a duty role.

Have you ever seen a large Budweiser logo emblazed across the back window of a pick up truck heading home at 3:00 in the morning? LOL

What we deem acceptable absolutely should be BUT discretion is your friend if used properly.

 

[Frost49]

He should have fired a warning shot, then if that didn't work put some wounding shots into the person.

 

[jedi]

https://www.indianagunowners.com/fo...oting-civilian-hotel-hallway.html#post7332356

Update. Cop not guilty. Video in post of shooting.

 

[OurDee]

It is still hard to watch. I get it. But hard.

 

[PhxCollier]

Some additïonal details.
https://www.azcentral.com/story/new...ford-verdict-daniel-shaver-killing/927052001/

Seems there were 6 officers and the female in the hall when the shooting happened.

 

[Kirk Freeman]

Those are some truly strange commands in the hallway.

https://www.youtube.com/watch?v=C4SIEjo2EII

 

[comm2679]

Video is certainly hard to watch. Regardless of the video though, there is no reason at all to have something like that on your rifle. Anything at all on the dust cover, including something as simple as a US flag, could always be twisted to fit an attorney's narrative. Best to leave things like that alone.
Plus, whenever I see "custom" dust covers I think of obnoxious bumper stickers on cars. Not tasteful in my eyes. I just received my BCM 300 Blackout upper and it says "300 Blackout" on the side of the upper receiver right above the ejection port. It bugs me a little lol.