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Have an accidental discharge and they want to convict you of something?

OC for ME

OC for ME

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Wont happen...ever. That cop is exempt from the laws that every Utah citizen is subject to who is not a member of the prescribed protected classes.
Utah Code: Title 76 Utah Criminal Code: Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals: Part 5 - Weapons: Section 508 - Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle -- Penalties. (Effective 5/13/2014): (4) This section does not apply to a person who: (b) is performing official duties as provided in Section 23-20-1.5 and Subsections 76-10-523(1)(a) through (e) and as otherwise provided by law; or ...

https://le.utah.gov/xcode/Title76/Chapter10/76-10-S508.html?v=C76-10-S508_2014040320140513
Click to expand...
Merely a employment matter.
 
davidmcbeth

davidmcbeth

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OC for ME said:
Wont happen...ever. That cop is exempt from the laws that every Utah citizen is subject to who is not a member of the prescribed protected classes. Merely a employment matter.
Click to expand...



In Utah, a cop (or any .gov, state, federal, local for that matter) that is acting wrongly is no longer protected by this exemption. Utah is one state that I know that puts wrongful actions of a .gov to be outside the scope of his employment and special considerations are no longer applicable.

Its just that your SA/DAs don't want to follow the law. If they are elected then you can ask candidates if they will follow the law or not in these matters...and try to elect ones that will.

IMO its not simply an employment matter .. the po pos in Utah who violate a law while working no longer have these special protections.
 
U

utbagpiper

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OC for ME said:
Wont happen...ever. That cop is exempt from the laws that every Utah citizen is subject to who is not a member of the prescribed protected classes. Merely a employment matter.
Click to expand...

I agree it won't happen. I agree it is because the officer is a government employee rather than a commoner.

I disagree as to the intent and effect of the law. I don't believe an ND while chasing a suspect is part of job responsibilities for a cop.

Deliberately shooting a bad guy who poses a threat to innocent life and limb is part of job duties and is covered. I don't think an ND is or should be.

Charles
 
solus

solus

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https://www.washingtonpost.com/news...tizen-police-academy-lethal-force-simulation/

quote- A woman participating in a citizen police academy in central Florida was killed in an accidental shooting Tuesday during a lethal force simulation. ... The woman, one of 35 community members participating inthe two-hour seminar....unquote

one would think when johnny law is role playing with guns, someone be quick enough to assure the firearm is unloaded?

apparently not..

ipse
 
Maverick9

Maverick9

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Firearms Iinstuctor said:
While the number of these shootings are rare they have happened enough for trainers to adopt a whole list of safety measures when conducting force on force training.

Every body from the OIC, RSO,s to the instructors failed to do their jobs I would think that a lot of heads should roll over this shooting.

Making sure the safety protocols are followed is every ones responsibility from the person in charge to the persons actually doing the training.

Besides the officer who did the shooting there are or should have been others that should have prevented this.
Click to expand...

Apparently not. See the newest thread here where an officer shot an elderly woman with a live round during simulated force-on-force training.
 
OC for ME

OC for ME

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utbagpiper said:
I agree it won't happen. I agree it is because the officer is a government employee rather than a commoner.

I disagree as to the intent and effect of the law. I don't believe an ND while chasing a suspect is part of job responsibilities for a cop.

Deliberately shooting a bad guy who poses a threat to innocent life and limb is part of job duties and is covered. I don't think an ND is or should be.

Charles
Click to expand...
No argument from me. The cited law does not address the negligent discharge of a firearm directly, Missouri and South Carolina likewise.
 
davidmcbeth

davidmcbeth

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Firearms Iinstuctor said:
While the number of these shootings are rare they have happened enough for trainers to adopt a whole list of safety measures when conducting force on force training.

Every body from the OIC, RSO,s to the instructors failed to do their jobs I would think that a lot of heads should roll over this shooting.

Making sure the safety protocols are followed is every ones responsibility from the person in charge to the persons actually doing the training.

Besides the officer who did the shooting there are or should have been others that should have prevented this.
Click to expand...

Eh, why bother .. they have immunity. :uhoh:
 
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