• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Culpeper shooting

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
... I can locate no testimony from eyewitnesses stating HW fell from the running board. ...

Interesting that you have access to a transcript that I haven't been able to obtain.

By the way, and this is the only news here, I have been authorized to note my client's appeal in the case. So we may have another year or so to go for a final resolution.
 
Last edited:

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
I think you misunderstand.... I don't think that very many people here actually supports HW (well... maybe one or two). Instead, they support his defense attorney... who has done a very good job defending his client, and securing what most folks would agree is a relatively minimal sentence for the charges he was convicted of. (thats exactly what a defense attorney is supposed to do.... defend their client to the best of their ability. I suspect that every single person here would have that same expectation if they were the person charged with a crime... 'guilty' or not).

That said, I have to admit that I have wondered if some of the more hardened views by some on this forum would be the same..... if the Cook family had've retained User instead of HW?? :confused:


Please BLK.....don't feed this troll!
He/she/it is trolling for an agenda and that "who me" sing songy typing style is starting to look familiar.

Let the assclowns deal with it, no one pays any attention to them anyway but hopefully the better members like yourself will just ignore it.

We've already lost one very important contributor because of it!
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
I think you misunderstand.... I don't think that very many people here actually supports HW (well... maybe one or two). Instead, they support his defense attorney... who has done a very good job defending his client, and securing what most folks would agree is a relatively minimal sentence for the charges he was convicted of. (thats exactly what a defense attorney is supposed to do.... defend their client to the best of their ability. I suspect that every single person here would have that same expectation if they were the person charged with a crime... 'guilty' or not).

That said, I have to admit that I have wondered if some of the more hardened views by some on this forum would be the same..... if the Cook family had've retained User instead of HW?? :confused:
The tone of a few on this thread changed once it was made known that user would be representing H-W. That observation was made some time back. Though, the tone of some here is not what interests me.

The second instance of H-W discharging his firearm is of interest to me. Not the first instance. It may be that H-W used his service weapon as a means to break the glass to free himself. Based on the posts in this thread I think it reasonable to conclude this. Thus the first instance seems justifiable and if the situation ended there we likely would not be here today.

Shooting a "fleeing" felon in a vehicle is reckless in my view since no evidence has been provided (I may have missed it if it has) that H-W gave any consideration to rounds down range. It is mere coincidence, nothing more, that his rounds did not injure or kill a innocent bystander. This is the only interest I have in this case. The sometimes indiscriminate use of firearms to "protect the public" by a LEO is mostly excused, even when innocents are injured by that LEOs indiscriminate use of a firearm. The NYPD incident is, I think, a perfect example even though no vehicle was involved. Did H-W break the law? I suppose that question remains open to debate.

H-W had his day in court. H-W deserves another day in court if he can convince a appellate judge(s) that he deserves another day in court.
 

Blk97F150

Regular Member
Joined
Dec 21, 2010
Messages
1,179
Location
Virginia
Please BLK.....don't feed this troll!
He/she/it is trolling for an agenda and that "who me" sing songy typing style is starting to look familiar.

Let the assclowns deal with it, no one pays any attention to them anyway but hopefully the better members like yourself will just ignore it.

We've already lost one very important contributor because of it!

Didn't intend to really feed anything... just an observation I've had for a bit.

Honest;y, I find most of the recent posts to be very much like the 'did not-did too' arguments that my kids have. LOL!
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
I maintain that if the decedant had been a 24-year-old black male, driving an old Corolla, and that he'd had cocaine in the vehicle, my client would never have been charged.

Oh, well when you put it that way...

How soon can we get HW back on the street to start executing "black males" with "cocaine" in the name of defending the sovereign?

The world is so scary!

Clearly, they were trying to set him up even then.

Clearly? For what? Having a pushy mommy?
 
Last edited:

Fuller Malarkey

Regular Member
Joined
Sep 12, 2010
Messages
1,020
Location
The Cadre
Interesting that you have access to a transcript that I haven't been able to obtain.

By the way, and this is the only news here, I have been authorized to note my client's appeal in the case. So we may have another year or so to go for a final resolution.

I'm sorry if I implied I had access to transcripts. I don't. I do have access to people.

While the news of an appeal may be "new", it was something expected on my part. Which feeds my curiosity about other possible prosecution. What prohibits the estate of Patricia Cook from pursuing a Deprivation Of Rights Under The Color Of Law prosecution against Daniel Harmon-Wright?

http://www.justice.gov/crt/about/crm/242fin.php

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Just curious if a 1983 Section 242 prosecution is possible, not creating a Double Jeopardy situation from the Special Grand Jury indictments of one count of murder, malicious shooting into an occupied vehicle, malicious shooting into an occupied vehicle resulting in death and use of a firearm in the commission of a felony. Would a Federal Deprivation of Rights investigation be warranted if requested? Is this something the estate of Cook would need to pursue, and could they if the threat of an appeal to the conviction and sentencing indicated a possible technical dismissal of justice for the victim?
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
He was on the left-hand (driver's) side of the vehicle. If he were in front of the vehicle, she'd have gone straight, I reckon, in order to try to hit him.

But the front of the vehicle was already past him. This is why this doesn't make sense. A Jeep has a pretty tight turn radius, but I'm not seeing someone on the SIDE of a vehicle being able to articulate that its mere turning could immediately threaten him to where he is attributing intent.

I really want to take you seriously on this. Am I missing something really obvious to everyone else? Was he in danger of the back tire running over his foot?
 
Last edited:

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
But the front of the vehicle was already past him. This is why this doesn't make sense. A Jeep has a pretty tight turn radius, but I'm not seeing someone on the SIDE of a vehicle being able to articulate that its mere turning could threaten him.

I really want to take you seriously on this. Am I missing something really obvious to everyone else? Was he in mortal danger of the back tire running over his foot?

Let's conjecture. "I'm dying, I'm trying to escape a maniac cop who is calling me a b****, yeah, I'll slow down so he can shoot me again and try and run over him first".

Nope, doesn't pass the credibility test.

On another note, I'm disappointed that poster 'noway' has left the discussion. He/she was actually there, and unlike the content-free posters on this page contributed actual information.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
--snipped--

On another note, I'm disappointed that poster 'noway' has left the discussion. He/she was actually there, and unlike the content-free posters on this page contributed actual information.

Actually you know nothing about 'noway'.
 

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,905
Location
Greene County
user said:
I maintain that if the decedant had been a 24-year-old black male, driving an old Corolla, and that he'd had cocaine in the vehicle, my client would never have been charged.


And, folks say justice is blind but anyone with a brain knows better.
Heck, without the cocaine in many jurisdictions he would receive an award.



Heck, my problem with the whole thing .. can't get myself to believe the accused/convicted and I can't believe the state.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Let's conjecture. "I'm dying, I'm trying to escape a maniac cop who is calling me a b****, yeah, I'll slow down so he can shoot me again and try and run over him first".

Nope, doesn't pass the credibility test.

On another note, I'm disappointed that poster 'noway' has left the discussion. He/she was actually there, and unlike the content-free posters on this page contributed actual information.

Why should it come back?
 
Last edited:

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Let's conjecture. "I'm dying, I'm trying to escape a maniac cop who is calling me a b****, yeah, I'll slow down so he can shoot me again and try and run over him first".

Nope, doesn't pass the credibility test.

On another note, I'm disappointed that poster 'noway' has left the discussion. He/she was actually there, and unlike the content-free posters on this page contributed actual information.

Why should it come back?
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
And, folks say justice is blind but anyone with a brain knows better.
Heck, without the cocaine in many jurisdictions he would receive an award.

Back in the day, some people used to lynch blacks they didn't like. And they frequently got away with it too.

I suppose they probably should have been allowed to lynch some random white ladies too, for fairness, amirite?
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Back in the day, some people used to lynch blacks they didn't like. And they frequently got away with it too.

I suppose they probably should have been allowed to lynch some random white ladies too, for fairness, amirite?

Nah, they burned 'em at the stake.
 

Fuller Malarkey

Regular Member
Joined
Sep 12, 2010
Messages
1,020
Location
The Cadre
He was "aiming for" the glass; her face happened to be behind the glass. He was in pain, trying to hang on to a moving vehicle by his trapped fingers. He wasn't being really careful about aim at that point. By the way, did I mention the Commonwealth's evidence about his bloody fingers? They had a pretty good picture of it.

“I yelled five or six times to ‘Stop or I’ll shoot,” Harmon-Wright told Shively on the video recording. “She starting rolling the window up on my [expletive] hand. Pardon my French. Pardon my language. I was trying to get my hand out. It wouldn’t budge. I felt like my life was in danger. So I shot her.

~ Daniel Harmon-Wright's comments during interview with Investigator Shively of the VSP a few hours following the murder, and presented to the jury during trial.

It would seem Harmon-Wright shot at the driver rather than the glass, if his own words have credibility. I understand he probably didn't get much coaching from the State Police Investigator.
 
Last edited:

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
I certainly hope nobody's afraid of a little difference in opinion.

noway wasn't disrespectful that I saw, nor did he violate any forum rules.
.


No, not at all....maybe get Sheriff and the boys to sing along with him. I'll get more popcorn.

village-people-o.gif
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
And, folks say justice is blind but anyone with a brain knows better.
Heck, without the cocaine in many jurisdictions he would receive an award.



Heck, my problem with the whole thing .. can't get myself to believe the accused/convicted and I can't believe the state.

That pretty well sums it up Marco!

It's gonna get harder though. One credible person has already told me he's had it with the petty guessing game and now a "I was there troll" and I wouldn't blame User for putting this thread on ignore. He tries to give as much of the case as presented as he can, and keeps getting pelted by a few of the neighbors kids.
 
Top