Page 1 of 2 12 LastLast
Results 1 to 25 of 29

Thread: Texas man tazered for open carry

  1. #1
    Regular Member
    Join Date
    Aug 2013
    Location
    idaho
    Posts
    759

    Texas man tazered for open carry


  2. #2
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    I guess now when a cop says you are free to go, one must serpentine ...

  3. #3
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    I thought cops were allowed to lie in the course of their investigations?

    If you can't take a cop at his word that you're not free to go when he says you are, can you honestly be expected to take his word that you're arrested?

    “The Taser malfunctioned and did not stop after the five seconds,” the police report states. “I had to manually shut off the Taser.” Yeah, and my car malfunctioned and accelerated to 55mph in a 35mph zone all on it's own. I had to manually lift the accelerator pedal to slow it down.

    I'd love to see that go to a civil suit and the nice officer name Taser International as a co-defendant to explain how that happens.

    “You are not under arrest. You are free to go,” an officer said in the video. “You’re just going to happen to walk home, and I’m just going to happen to make sure you get home safely — and as soon as you get home safely, you will never see us again.”

    That’s when another officer arrived who had other ideas.

    Vichique is ordered to surrender the gun and refuses because he has not been placed under arrest. Guess what happens next.
    Me, I might've taken a different tack. As soon as the other officer arrived demanding the surrender of my firearm a new dynamic (an entirely new situation and circumstance) is established. I would have lifted my hands and allowed him to seize it, saying, "I don't consent to the seizure of my personal effects."
    He's just made a seizure of my effects, I'm seized under the meaning of the Fourth Amendment. I now have all the elements required for a civil suit and I'm not saying another word.
    What's he gonna do now, demand I reply to his inquiries... or else?
    "What ya gonna do now, skipper?"
    Last edited by Fallschirmjäger; 04-27-2014 at 09:19 AM.

  4. #4
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,147
    The incident is twenty-five days old, surely there are more developments.
    I am responsible for my writing, not your understanding of it.

  5. #5
    Regular Member
    Join Date
    Mar 2013
    Location
    nj
    Posts
    3,277
    The criminals in uniform should be charged in Federal Court under USC 18 section 241 and 242

    The citizen should also seek redress under USC 42 section 1983

    The problem I see is that no one is willing to prosecute these vile untrained, disrespectful, civil and constitutional rights violators..

    They are getting out of hand. These vile criminals and the criminals that harbor and protect them under color of law should also be held accountable.

    My .02

    Regards

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  6. #6
    Regular Member Primus's Avatar
    Join Date
    Oct 2013
    Location
    United States
    Posts
    4,216
    Quote Originally Posted by Fallschirmjäger View Post
    I thought cops were allowed to lie in the course of their investigations?

    If you can't take a cop at his word that you're not free to go when he says you are, can you honestly be expected to take his word that you're arrested?

    “The Taser malfunctioned and did not stop after the five seconds,” the police report states. “I had to manually shut off the Taser.” Yeah, and my car malfunctioned and accelerated to 55mph in a 35mph zone all on it's own. I had to manually lift the accelerator pedal to slow it down.

    I'd love to see that go to a civil suit and the nice officer name Taser International as a co-defendant to explain how that happens.


    Me, I might've taken a different tack. As soon as the other officer arrived demanding the surrender of my firearm a new dynamic (an entirely new situation and circumstance) is established. I would have lifted my hands and allowed him to seize it, saying, "I don't consent to the seizure of my personal effects."
    He's just made a seizure of my effects, I'm seized under the meaning of the Fourth Amendment. I now have all the elements required for a civil suit and I'm not saying another word.
    What's he gonna do now, demand I reply to his inquiries... or else?
    "What ya gonna do now, skipper?"
    Falls they do have an automatic shut off after 5 seconds. Not sure if there are different styles, but the ones I've seen and dealt with have a 5 second deployment.

    Meaning once you pull the trigger you can realize and it will send current for 5 seconds. After said 5 seconds it automatically stops sending current but remains on so that all you have to do is pull the trigger again for another 5 second deployment. You can either hold the trigger down and it will discharge past 5 seconds or you can manually flip the on/off switch to terminate before the 5 seconds.

    But 1 pull of trigger is supposed to equal 1 5 second burst no longer. If this officer was lying they could tell by downloading the chip in the battery/magazine area of the tazer. Ours keep track of exactly when/how many times/how long each deployment was and it gets downloaded to a spreadsheet so there's no fudging it.

    Just wanted to clarify that for you Falls since you made the vehicle comparison I thought you may have been unaware of the mechanism he was talking about. Hope it helps.

    Sent from my XT907 using Tapatalk
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

  7. #7
    Regular Member
    Join Date
    Jun 2012
    Location
    Florida
    Posts
    1,095
    Quote Originally Posted by Primus View Post
    Falls they do have an automatic shut off after 5 seconds. Not sure if there are different styles, but the ones I've seen and dealt with have a 5 second deployment.

    Meaning once you pull the trigger you can realize and it will send current for 5 seconds. After said 5 seconds it automatically stops sending current but remains on so that all you have to do is pull the trigger again for another 5 second deployment. You can either hold the trigger down and it will discharge past 5 seconds or you can manually flip the on/off switch to terminate before the 5 seconds.

    But 1 pull of trigger is supposed to equal 1 5 second burst no longer. If this officer was lying they could tell by downloading the chip in the battery/magazine area of the tazer. Ours keep track of exactly when/how many times/how long each deployment was and it gets downloaded to a spreadsheet so there's no fudging it.

    Just wanted to clarify that for you Falls since you made the vehicle comparison I thought you may have been unaware of the mechanism he was talking about. Hope it helps.

    Sent from my XT907 using Tapatalk
    No chance the data was corrupted? You know since one function of the Taser malfunctioned, perhaps the data logging aspect was faulty also?

    Or maybe a malfunction on the data transfer protocol, or a computer problem after it was downloaded, or maybe a clumsy technician dropped the chip and then stepped on it?


    Nothing like this has ever happened before, right?
    Last edited by notalawyer; 04-27-2014 at 12:03 PM. Reason: typo

  8. #8
    Regular Member stealthyeliminator's Avatar
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    3,318
    Couple of other threads on this:

    http://forum.opencarry.org/forums/sh...outrageous-%29

    http://forum.opencarry.org/forums/sh...aze-and-arrest

    There were several OC walks following this arrest. In fact, there was one the following night in which a group OCed down the exact path that Henry (the one tasered and arrested) took. There was also a larger rally at one of the police substations. Interestingly enough, there were no detentions, taserings or arrests. Apparently it is because King McManus made an "exception" for these rallies. You see, he is King, so he can suspend city ordinance at whim.

    http://www.mysanantonio.com/news/loc...on-5381086.php

    http://www.breitbart.com/Breitbart-T...in-San-Antonio

    http://www.woai.com/articles/woai-lo...from-12212839/
    Advocate freedom please

  9. #9
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,147
    Tasers are programmed to be activated in automatic five second bursts, although the officer can stop the energy charge at any time by engaging the safety switch. The charge can also be prolonged beyond five seconds if the trigger is held down continuously.

    Perhaps a better review of the concerns with electroshock weapons is by Amnesty International.

    Maurice Cunningham of South Carolina, while an inmate at the Lancaster County Detention Center, was subjected to continuous shock for 2 minutes 49 seconds, which a medical examiner said caused cardiac arrhythmia and his subsequent death. He was 29 years old and had no alcohol or drugs in his system. (https://en.wikipedia.org/wiki/Taser#Torture)
    http://www.amnestyusa.org/document.p...NGAMR510302006

    https://encrypted.google.com/search?...0shock%20death

    The Electric Shock Questions, Effects and Symptoms
    http://www.highvoltageconnection.com...kQuestions.htm
    Last edited by Nightmare; 04-27-2014 at 11:04 AM.
    I am responsible for my writing, not your understanding of it.

  10. #10
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    Quote Originally Posted by Nightmare View Post
    Tasers are programmed to be activated in automatic five second bursts, although the officer can stop the energy charge at any time by engaging the safety switch. The charge can also be prolonged beyond five seconds if the trigger is held down continuously.
    To my pain and misfortune and due to a family member's county employment, I'm familiar with the effects of a taser
    And because I've been in situations where at the time I was sure "honesty is the best policy" was a policy best for someone else, I think I can imagine exactly what the officer is going to claim...

    "Guys, honest, I know what the spreadsheet says but that's not what really happened. I hit the trigger once, Once! and the dang thing just kept going on and on and on. It's broken, it must've 'thought' my finger was on the trigger when it wasn't. You've all seen it happen; you put some popcorn in the microwave and hit 2-minutes and it sits there microwaving your popcorn for ten minutes? Or you set your i-Phone to countdown for a nice one-hour nap and it just never goes off but keeps counting down until it gets into negative numbers? Or you decide to make a nice, juicy steak and set the oven for 450 degrees and it never stops heating up until it hits 1000 and sets the house on fire... we've all been there, right? Right?"

    I worked with electronics, they break, they fail, but they rarely do things that the electronics don't support, usually it's electrical, mechanical or electromechanical, but not an electronics malfunction with such simple clock circuitry. Not saying impossible, but certainly improbable. When's the last time your watch went haywire and displayed the wrong time because of an electronics problem?
    Last edited by Fallschirmjäger; 04-27-2014 at 07:02 PM.

  11. #11
    Regular Member sudden valley gunner's Avatar
    Join Date
    Dec 2008
    Location
    Whatcom County
    Posts
    17,338
    Quote Originally Posted by notalawyer View Post
    No chance the data was corrupted? You know since one function of the Taser malfunctioned, perhaps the data logging aspect was faulty also?

    Or maybe a malfunction on the data transfer protocol, or a computer problem after it was downloaded, or maybe a clumsy technician dropped the chip and then stepped on it?


    Nothing like this has ever happened before, right?
    Operator error.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  12. #12
    Regular Member sudden valley gunner's Avatar
    Join Date
    Dec 2008
    Location
    Whatcom County
    Posts
    17,338
    Quote Originally Posted by JTHunter View Post
    Maybe it was an "ID10T" error.
    LOL....
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  13. #13
    Regular Member stealthyeliminator's Avatar
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    3,318
    Yesterday the charges against Henry were dismissed by a judge.
    Advocate freedom please

  14. #14
    Regular Member The Truth's Avatar
    Join Date
    Jul 2014
    Location
    Henrico
    Posts
    2,139
    Quote Originally Posted by stealthyeliminator View Post
    Yesterday the charges against Henry were dismissed by a judge.
    He should now sue the **** *** ** the police department.
    Last edited by Grapeshot; 10-01-2014 at 06:52 PM. Reason: Verbiage
    Sic semper evello mortem tyrannis.

    μολὼν λαβέ

    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

  15. #15
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    Location
    White Oak Plantation
    Posts
    12,268
    Quote Originally Posted by stealthyeliminator View Post
    Yesterday the charges against Henry were dismissed by a judge.
    Why?
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  16. #16
    Regular Member
    Join Date
    Jul 2014
    Location
    Jefferson County, CO
    Posts
    260
    Quote Originally Posted by OC for ME View Post
    Why?
    Because he was tasered and arrested for doing nothing wrong.

  17. #17
    Regular Member
    Join Date
    Mar 2013
    Location
    nj
    Posts
    3,277
    USC 42 section 1983 case... Big bucks for the tased..

    My .02

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  18. #18
    Regular Member stealthyeliminator's Avatar
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    3,318
    Quote Originally Posted by OC for ME View Post
    Why?
    The document I saw simply said in the interest of justice. The document indicated that the prosecutor recommended the dismissal

    But, he actually did break no law, so I guess that's the reason
    Last edited by stealthyeliminator; 10-01-2014 at 10:18 PM.
    Advocate freedom please

  19. #19
    Regular Member The Truth's Avatar
    Join Date
    Jul 2014
    Location
    Henrico
    Posts
    2,139
    A rare concession? $$$$$
    Sic semper evello mortem tyrannis.

    μολὼν λαβέ

    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

  20. #20
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    Location
    White Oak Plantation
    Posts
    12,268
    Quote Originally Posted by stealthyeliminator View Post
    The document I saw simply said in the interest of justice. The document indicated that the prosecutor recommended the dismissal

    But, he actually did break no law, so I guess that's the reason
    If a specific reason for the dismissal is not given then it seems to me that there is no court document(s) to indicate that the thug cop broke the law. I could be wrong because there could be more documents. It seems this case is ripe for filing criminal charges against the thug cop. It will be interesting to see what follow-on actions the wronged citizen takes.

    Is there a monetary cost to file criminal charges against that thug cop?
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  21. #21
    Regular Member stealthyeliminator's Avatar
    Join Date
    Dec 2008
    Location
    Texas
    Posts
    3,318
    Quote Originally Posted by OC for ME View Post
    If a specific reason for the dismissal is not given then it seems to me that there is no court document(s) to indicate that the thug cop broke the law. I could be wrong because there could be more documents. It seems this case is ripe for filing criminal charges against the thug cop. It will be interesting to see what follow-on actions the wronged citizen takes.

    Is there a monetary cost to file criminal charges against that thug cop?
    Hopefully this link works: https://fbcdn-sphotos-d-a.akamaihd.n...78339363_o.jpg

    Edit: I guess what we are lacking is the motion by the prosecutor. That'd probably be an interesting read...
    Last edited by stealthyeliminator; 10-02-2014 at 07:16 AM.
    Advocate freedom please

  22. #22
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    Location
    White Oak Plantation
    Posts
    12,268
    Quote Originally Posted by stealthyeliminator View Post
    Hopefully this link works: https://fbcdn-sphotos-d-a.akamaihd.n...78339363_o.jpg

    Edit: I guess what we are lacking is the motion by the prosecutor. That'd probably be an interesting read...
    Thanks. Hope that criminal charges are filed against that thug cop and the cop who released the citizen is the prime witness for the prosecution.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  23. #23
    Regular Member warvet68/69's Avatar
    Join Date
    Sep 2014
    Location
    United States Louisville,Ky.
    Posts
    26
    That's my biggest fear about OC,being an AA, it probably would have been a bullet instead of a Taser.
    I love the life I live,and I live the life I love,I carry both ways!

  24. #24
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915
    Quote Originally Posted by stealthyeliminator View Post
    Edit: I guess what we are lacking is the motion by the prosecutor. That'd probably be an interesting read...
    Well, not necessarily. The prosecutor doesn't have to provide citations for not doing anything. He could just say "Harry, err, I mean ya Honor, we're both gettin' tired of this bovine excrement. The guy didn't aim at anyone, he didn't menace anyone, he was walking peacefully down the road, same as you or I. We need to nip this stuff in the bud. I'm requesting to nolle prosequi this case in the interests of justice, because the guy didn't harm or attempt to harm anyone and there's no evidence of malicious intent ('ceptin' maybe on the officer's part).

  25. #25
    Regular Member warvet68/69's Avatar
    Join Date
    Sep 2014
    Location
    United States Louisville,Ky.
    Posts
    26
    Quote Originally Posted by Fallschirmjäger View Post
    Well, not necessarily. The prosecutor doesn't have to provide citations for not doing anything. He could just say "Harry, err, I mean ya Honor, we're both gettin' tired of this bovine excrement. The guy didn't aim at anyone, he didn't menace anyone, he was walking peacefully down the road, same as you or I. We need to nip this stuff in the bud. I'm requesting to nolle prosequi this case in the interests of justice, because the guy didn't harm or attempt to harm anyone and there's no evidence of malicious intent ('ceptin' maybe on the officer's part).
    These Officers,seem to not know the Texas OC, law themselves.That's real scary in my mind's thinking.
    Last edited by warvet68/69; 10-10-2014 at 03:12 PM.
    I love the life I live,and I live the life I love,I carry both ways!

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •