I'll give this a shot.
PT111 wrote:
The video youlinked brought up some questions that I didn't see answered.
The leo was following the two bikers and they took off. Was he just following them or was he trying to stop them. Why did they take off like that.
He wasn't pulling them over until after they took off like that. They were not trying to get away though. Probably just sick of him following them. You must know how that is. Nope, I don't know how that is. Maybe get sick of a cop following me but not to take off at 100 mph.
After what seemed like a not too long of a chase one stopped and the other stopped a little ways up the road. Where the second one stopped it looked like a second patrol car having caught the other biker. I didn't catch if the first officer radioed for help and it didn't seem like he had time to get a second car so where did the second one come from?
The officer probably radioed ahead in case he did have to give chase. it just so happened that the other cop got there when he did, but they were not running... just got a little out of control and hopped a curb. You must know how that is too. Nope can't say that I do know how that is. Don't know that I have ever hopped a curb on a motorcycle while running from the cops. And yes I have had motorcycles in the past. I don't have one now.
If the two bikers stopped because they were "trapped" rather than just giving up I can see where the officer may have been more on edge and cautious than if they had just stopped and was why he got out with his gun in hand ready to shoot.
True, but I would have never shot because he didn't make a movement for a weapon. He even paused for a moment after turning while the officer shot him. I hope I would not have shot either but we can never say what we would or would not have done under the same circumstances.
From the video I sure couldn't see where he made a movement that would indicate that he was reaching for a gun and taken alone sure looks bad for the officer. I also wondered at first why he was charged with felony assault rather than something more serious. Then I remembered that he was after two criminals, and no matter how you want to whitewash it they were law breakers the moment they gunned it and this was something that happened during an attempted arrest. I cannot put all the blame on the officer as this would not have happened if the two had just kept riding at a legal speed rather than taking off like they did.
"Gunning it" is still not a crime unless you squeal tires or speed. Still no cause for accelerating force to that point. They may have been speeding after they got up to speed, but the man who stopped did not seem to want any trouble. Once you exceed the speed limit it is a crime and if you are riding along at the speed limit and gun it you are now breaking the law. You are correct that gunning it is not illegal as long as you have it under control and are not exceeding the speed limit. I agree that once they stopped they did not seem to want trouble then but until then they did give indications that they were up to something. I am sure that many will disageee but if a cop walks up and you immediately start to run it would be grounds for at least a "Terry Stop"
If I was on the jury I would have to hear all the evidence before I could decide one way or the other and the officer was not totally to blame and to claim he should be charged with murder shows you are letting your emotions get the better of you.
From:
http://abclocal.go.com/wtvg/story?section=news/local&id=7435861"After being shot in the back, "I remember begging for help. I remember having my arms out, so he fired out another round. I remember explaining to him I didn't have a weapon and that he was in the wrong for shooting me."
McCloskey's best friend testified that, after he called 911, Officer White didn't help him pick the bike up off of the victim. "I was telling him to get the bike off me. I was worried it was going to ignite on fire. I could tell it was leaking gasoline. I knew I was paralyzed, and I knew, if the bike was going to light on fire, I was going to burn alive," remembered McCloskey"
This man was pleading for his life and thought he was going to burn to death when the officer fired a second round while he was paralyzed! There should not be any other need of additional testimony. This cop should have charges stacked to the roof for what he did. They would do the same for you or any one of us.
