Hope this guy gets the max.....

[EMNofSeattle]

[video=youtube;ApLxezzD2Ys]http://www.youtube.com/watch?v=ApLxezzD2Ys&feature=share&list=PL1D88A12770F7E1A5[/video]

RSA Title XXI Section 265:8 specifically exempts any emergency vehicle from Laws against parking in a no parking zone. There is no requirement the vehicle be attending to any emergency. This happened in New Hampshire, hence the RSA I cited is NH law.

 

[Freedom1Man]

RSA Title XXI Section 265:8 specifically exempts any emergency vehicle from Laws against parking in a no parking zone. There is no requirement the vehicle be attending to any emergency. This happened in New Hampshire, hence the RSA I cited is NH law.

And there is the problem. If the police are exempt from so many things under the law then this guy should get the electric chair.

If the police are not exempt then he should be treated just like any of the rest of us.

 

[EMNofSeattle]

And there is the problem. If the police are exempt from so many things under the law then this guy should get the electric chair.

If the police are not exempt then he should be treated just like any of the rest of us.

Yeah, them damn evil police officers. How dare they park in a red-zone in a fully marked patrol vehicle on duty, and how dare that insolent little dispatcher has the nerve the school this clown on the law. I'm sorry this joker with the camera wasn't shown any affection as a child and needs to boost his ego by finding the stupidist things to complain about.

There is nothing wrong with reasonably exempting on-duty officers from certain laws so they can perform their job duties. This guy on the phone is wasting everyone's time, the only thing the police did wrong here was use telephone minutes arguing with this guy.

 

[hermannr]

Yes Rapgood, I could see a possible case being made for reckless endangerment if we knew all the facts and the facts pointed that direction. I, personally, still would be a very hard sell for the procecuter if I was on this jury no matter what.

I want to point out a few things...first, weapon was up front...and we can resaonably assume the 3 year old was in teh second row of seats, strapped in a car seat, with his 6 year old sister next to him. (at least, if it was my family that would be the arrangement.)

So, how secure was the pistol?...obviously not secure enough, but was it secure enough for a reasonable person to assume it was secure? That would be the question the jury needs to answer. Ya think?

BTW: I also never leave my pistol in my car. If it cannot come with me, I just do not go there...and I don't even have kids that ride with us any more. I don't do this because I a afraid someone might steal it, I do it because if it is in the car, and I am not, it is not serving it's function to protect me and mine.

 

[hermannr]

Oh, may I just make a general comment on Reckless Endangerment.

Back when our 5 daughters were young (late 60's early 70's), there were no seat belt/kids car seat laws. There were also very few crew cab pickups outside of "crummies" used to take loggers up to the logging site.

It was fairly common for people to do what we used to...that is...all of us (myself, my wife and our 5 daughters) to all get into our 1966 F100 regular cab and head up into the mountains, to hike, fish, camp or whatever.

Today, everyone would consider that reckless endangerment, all those little girls with no car seat stacked 2 deep in a regular cab....but than when a regular cab is what you have, and that was what was available to purchase, you make do. Middle daughter and her husband still have that little 66 F100...even though thay also have a new fancy F250 crew cab.

So, anyway, peoples perspectives can color what they consider "reckless" behavior and what they don't..as Rapgood said, we really do not have all the information and we really should not judge on the information we do have. We also have to keep in mind what kind of legal consequences there will be for EVERYONE that ride on that verdict. Personally, I do not care that he is in LE, I care about legal precedent and what that could do to everyone on this board.

I also do not think that incarcerating this man will do any good thing for society in general. Just my opinion.

 

[bmg50cal]

Just make the guy wear a t-shirt that says I'm a bad father with a postmortem effigy of the child and a dunce hat for 10 years, that should make him feel even more crappy for a longer period of time.

 

[EMNofSeattle]

Such harsh judgments, be careful in wishing for strong judgments someday you may face the other side of the coin.

This is truly a historic day, mark your calendars, Nov 10 2012 was the day I looked at a post by SVG and said...." I agree"

 

[EMNofSeattle]

And there is the problem. If the police are exempt from so many things under the law then this guy should get the electric chair.

If the police are not exempt then he should be treated just like any of the rest of us.

After re reading I realized you were talking about the officer who is the subject of this thread, I thought you referred to the officer who was parking in the red zone in your video.

However I don't think having on duty privileges to break some relatively minor laws to perform your official duties means you should get to ride the lighting for what was obviously an accident. Rap good seems to diagnose this as a case of reckless endangerment, and I'm aware of NO ONE who was been chaired for a gross misdemeanor

 

[Freedom1Man]

After re reading I realized you were talking about the officer who is the subject of this thread, I thought you referred to the officer who was parking in the red zone in your video.

However I don't think having on duty privileges to break some relatively minor laws to perform your official duties means you should get to ride the lighting for what was obviously an accident. Rap good seems to diagnose this as a case of reckless endangerment, and I'm aware of NO ONE who was been chaired for a gross misdemeanor

The red zone video is a minor exception and was used as a simple example not as a end all be all example.

If a normal citizen stopped and harassed some of us the way cops do then the normal citizen stopping us would be committing a felony.
However because it is a cop who is doing the harassing he's except even when he was wrong.

 

[gogodawgs]

Update:

Jury is hung, mistrial declared. Retrial scheduled, but review expected.

http://seattletimes.com/html/localnews/2019676818_copshooting14m.html

EVERETT — The trial of a Marysville police officer who was accused of negligence in the shooting death of his 7-year-old daughter came to an emotional end Tuesday when jurors announced they were deadlocked and a judge declared a mistrial.

 

[EMNofSeattle]

Jury is hung, mistrial declared. Retrial scheduled, but review expected.

http://seattletimes.com/html/localnews/2019676818_copshooting14m.html

EVERETT — The trial of a Marysville police officer who was accused of negligence in the shooting death of his 7-year-old daughter came to an emotional end Tuesday when jurors announced they were deadlocked and a judge declared a mistrial.

I heard that on John Carlson this morning. tried to call in but the line was busy.

I don't think it's in the best interest of the state to prosecute the officer again. it's obviously going to hard to find a jury who will convict, and even harder to find jurors who don't already have their minds made up about the case at this point.

 

[gogodawgs]

I heard that on John Carlson this morning. tried to call in but the line was busy.

I don't think it's in the best interest of the state to prosecute the officer again. it's obviously going to hard to find a jury who will convict, and even harder to find jurors who don't already have their minds made up about the case at this point.

I concur, if the story is accurate, it appears that 7 were going to acquit anyways. That's a lot of extra expense to not get a decision by a prosecutor's office that is most likely under pressure to cut costs.

I tend to think you can always find a jury whose mind is not made up, plenty of people live their lives without reading the daily news.

 

[hermannr]

For the sake of the non-LEO that is charged with the same "crime", I am very happy that 1: the LEO was charged, and 2: he was not convicted. I am sorry that either of them were charged at all, but it is better that both be charged than only the non-LEO. (or just the LEO)

I agree with the defence, if you are a parent, you are NOT going to find this guy guilty...you will look in on your own personal experiences and say, NO.

IMHO: The conviction and sentencing of either of these guys would serve no PUBLIC good.

 

[Vitaeus]

I cannot find any currnet information on the Tacoma? incident at the gas station, anyone have a link to a current factual account? The Kitsap county one is still waiting on the WA Court of Appeals to rule on the question of law in the Bowman shooting.

Edit to add link :http://www.kitsapsun.com/news/2012/jul/20/assault-charge-in-doubt-in-armin-jahr-shooting/

goes to criminal negligence, again. My opinion is foolish, but not to the point of criminal, if it was criminal any9one who gets their firearm stolen is going to be guilty of anything that results from the other persons act.

 

[EMNofSeattle]

I cannot find any currnet information on the Tacoma? incident at the gas station, anyone have a link to a current factual account? The Kitsap county one is still waiting on the WA Supreme Court to rule on the question of law in the Bowman shooting.

That one has me worried. if they decide to allow charges against Bauer to proceed it will have a chilling effect on our rights and open the door to prosecution if your guns are stolen from you...

 

[gogodawgs]

That one has me worried. if they decide to allow charges against Bauer to proceed it will have a chilling effect on our rights and open the door to prosecution if your guns are stolen from you...

No it won't. There is no link between stolen goods and prosecution for assault, murder, homicide, etc...

Can you cite any cases where something similar has happened? Your car is stolen and you are held accountable for a car accident? Your knife is stolen and you are held accountable for assault?

The leap in logic here is quite large in my opinion.

 

[EMNofSeattle]

No it won't. There is no link between stolen goods and prosecution for assault, murder, homicide, etc...

Can you cite any cases where something similar has happened? Your car is stolen and you are held accountable for a car accident? Your knife is stolen and you are held accountable for assault?

The leap in logic here is quite large in my opinion.

Doug Bauer is being charged with assault because his girlfriends 9 year old son took his gun without his permission or knowledge to school and shot a classmate by accident.
The prosecution is arguing that by leaving the gun loaded IN HIS HOUSE that he caused the harm to the girl.

A Washington state appeals court is going to be hearing the case to review the charges against Bauer. My worry is that if the appeals court allows this to go forward it can create the precedent, I'm well aware that it doesn't currently exist.
http://www.kitsapsun.com/news/2012/jul/20/assault-charge-in-doubt-in-armin-jahr-shooting/

 

[gogodawgs]

Well then in this case it is a good thing that the appeals court is granting review. The superior court judge had already allowed the case to be set for trial with an improper charge and proposed argument.

In a ruling handed down Thursday, Appeals Court Commissioner Eric B. Schmidt granted a full review of the question by a panel of the Court of Appeals.

"The trial court," Schmidt wrote, "appears to have committed probable error by not applying the definition of 'cause' set forth in Chester" — a Washington State Supreme Court ruling that calls for ordinary definitions to be used when words are not otherwise defined in law.

The appeals court commissioner writes that the trial court is in error by not applying:

“Cause” means to be the cause of, to bring about, to induce or to compel.   Black's, supra, at 221;  Webster's, supra, at 356.

Each of these words is an active verb.   Each requires some affirmative act of assistance, interaction, influence or communication on the part of a defendant which initiates and results in a child's display of sexually explicit conduct.

http://caselaw.findlaw.com/wa-supreme-court/1213630.html

It is unlikely that an appeals court will want to redefine words that the WA Supreme's have already ruled upon. Thus Commissioner Schmidt stepping in here and granting review.

 

[Vitaeus]

Prosecution: http://www.courts.wa.gov/content/Briefs/A02/435110-Respondent's Brief.pdf

Defendant: http://www.courts.wa.gov/content/Briefs/A02/435110-Reply Brief.pdf

Prosecution is arguing that leaving your firearms loaded in your own home is a proximate cause in the chain of actions to connect with the actions of the person who directly causes the harm, whether assault or manslaughter in the other two cases.

 

[Freedom1Man]

Jury is hung, mistrial declared. Retrial scheduled, but review expected.

http://seattletimes.com/html/localnews/2019676818_copshooting14m.html

EVERETT — The trial of a Marysville police officer who was accused of negligence in the shooting death of his 7-year-old daughter came to an emotional end Tuesday when jurors announced they were deadlocked and a judge declared a mistrial.

He should be let go then.

There is something wrong with our system of justice. It should only take a consensus for a guilty verdict, there should never be a consensus for a not-guilt/acquittal finding. By default it should be a not-guilty if there is not a consensus for guilty and there should NEVER be a re-trial. That, and this is how I see it, is double jeopardy.

If the jury could not ALL agree that anyone is guilty then they need to be freed.