Cops not prosecuted for gunning down hobo, riots

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will ensue. Google Milton Hall. He is a local hobo that had a knife out and was making a scene in a public parking lot. Four police officers fired on him 46 times even though he never made a move at them. The prosecutor has chosen not to press charges.

Rev. Al Sharpton was brought in last week to speak on this of course. :rollseyes: Immediately after the news got out, shots were fired at a local hospital and it was put on lock-down with workers getting armed security escorts to their vehicles. I'm sure this isn't the last of it...
 
Don't know the story but if you have an knife and don't drop it when you are told, you will be shot. A person with a knife can kill a person with a firearm at close range. The 21 foot rule.
 
There is more to this story than is being reported....and the Monday-morning QBing is rampant.

You have to judge the application of lethal force by what a reasonable man would do, in the same circumstances, knowing what the officers knew at the time. You can't apply new information, things that were learned after the shooting, to the decision at the time - those facts weren't known in the second in which the cops had to make a shoot decision.

So, for lethal force to be justified, the threat has to be present. There are 3 parts to the threat: ability, opportunity, and intent...and all 3 must be present for a threat to be real.

So, an old lady in a wheel chair next to me saying that she is going to kill me lacks ability, but has opportunity and intent, ergo no threat. Put a gun in her hand, and she meets all 3 parts: she is a threat. Or, put a US Marine with an M-4 near me: clear ability and opportunity, but as he smiles and says "Good morning, Sir" - there is no intent and he is not a threat. All 3 parts of the threat "triangle" must be present.


Spasm is right on the 21 foot rule, a man with a knife can charge and stab you before you can draw and shoot if he is inside of 21 feet. The hobo with a knife could easily meet all 3 parts of the threat triangle...particularly if the officers directed him to put down the weapon and he did not comply. Non-compliance is part of determining intent.

Man with knife approaching 21 feet meets the ability and opportunity factors - the question becomes intent. If a police officer directs an individual to drop his weapon - and that individual does not comply - then intent to do harm can't be ruled out...and the shooting becomes justifiable self-defense on the part of the officer.

If we found out later that the hobo with a knife was mentally unstable, that still doesn't rule out the intent to do harm...if we further find out that the hobo was weak, or crippled - then I am sympathetic to the poor soul, but the officer could not know the limitations on the physical capabilities of the hobo at the time of the shooting, and it has no bearing on the shoot decision.

Descriptions like "gunned down" are inherently biased - they connote a judgement on the merits of the shooting. It's poor reporting, though it makes good rhetoric, to describe a police shooting with words that pre-suppose judgment.

We are not in a position to judge the officers in this case. We don't have all the facts, we don't know all the details, and the reasonable thing is to avoid judging the situation. The only thing that we can say for certain is that the loss of a life is always a tragedy.
 
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I implore you to watch the video. It was on CNN and I'm sure youtube by now too. Our officer's here have tasers too, why didn't they use that instead? He is mentally unstable from what I have been told by many people who have seen him in person. The video literally made me sick seeing it happen though.
 
Originally Posted By: Astro14
There is more to this story than is being reported....and the Monday-morning QBing is rampant.

You have to judge the application of lethal force by what a reasonable man would do, in the same circumstances, knowing what the officers knew at the time. You can't apply new information, things that were learned after the shooting, to the decision at the time - those facts weren't known in the second in which the cops had to make a shoot decision.

So, for lethal force to be justified, the threat has to be present. There are 3 parts to the threat: ability, opportunity, and intent...and all 3 must be present for a threat to be real.

So, an old lady in a wheel chair next to me saying that she is going to kill me lacks ability, but has opportunity and intent, ergo no threat. Put a gun in her hand, and she meets all 3 parts: she is a threat. Or, put a US Marine with an M-4 near me: clear ability and opportunity, but as he smiles and says "Good morning, Sir" - there is no intent and he is not a threat. All 3 parts of the threat "triangle" must be present.


Spasm is right on the 21 foot rule, a man with a knife can charge and stab you before you can draw and shoot if he is inside of 21 feet. The hobo with a knife could easily meet all 3 parts of the threat triangle...particularly if the officers directed him to put down the weapon and he did not comply. Non-compliance is part of determining intent.

Man with knife approaching 21 feet meets the ability and opportunity factors - the question becomes intent. If a police officer directs an individual to drop his weapon - and that individual does not comply - then intent to do harm can't be ruled out...and the shooting becomes justifiable self-defense on the part of the officer.

If we found out later that the hobo with a knife was mentally unstable, that still doesn't rule out the intent to do harm...if we further find out that the hobo was weak, or crippled - then I am sympathetic to the poor soul, but the officer could not know the limitations on the physical capabilities of the hobo at the time of the shooting, and it has no bearing on the shoot decision.

Descriptions like "gunned down" are inherently biased - they connote a judgement on the merits of the shooting. It's poor reporting, though it makes good rhetoric, to describe a police shooting with words that pre-suppose judgment.

We are not in a position to judge the officers in this case. We don't have all the facts, we don't know all the details, and the reasonable thing is to avoid judging the situation. The only thing that we can say for certain is that the loss of a life is always a tragedy.



Very good summary...

Also , remember that Al Sharpton is a race huckster and fraud.
It's ironic the CNN (or whatever station it is that airs him) would give a job to a guy who was part of the Tawana Brawley FABRICATED rape story....
 
I never understood why cops always have to shoot to kill... Why not shoot him in the arm that's holding the knife? Shoot him in both legs so he falls down and tackle him.

They are trained shooters yet it seems as if they always close their eyes, turn their heads and just open fire until the clip is empty
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You'd think that some situations like this, death can be avoided and the criminal can be subdued with just a few NON-LETHAL properly placed shots so he can later be charged after he gets out the hospital.

Just my
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I hope the murderers sleep well at night. Guilt is always there in most folks killing another person in war, accident, job, or otherwise.
 
I just cant understand why it took 46 shots. I wonder what else around was damaged too. Plus, if there was time to fire 46 times, likely there was time for opportunity to select force methodology - does not sound like any 21 foot rule was in effect if there was enough time for that many officers to unload that many times.
 
Originally Posted By: Artem
They are trained shooters yet it seems as if they always close their eyes, turn their heads and just open fire until the clip is empty
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The po-po in this neck of the woods rarely shoot people, but often have to use their sidearms on wildlife that wanders into the city, or menacing dogs. They seem to shoot a lot of rounds, but not many actually hit the animal.

I've been in live fire ex's in pretty cold weather where it's hard to aim properly, and I can only imagine shooting in an operational setting is more difficult than shooting at the range, but wouldn't you want your shots to be well-placed to avoid hitting bystanders?
 
Its CNN. They are anti-gun. Stopping there..

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I've been in live fire ex's in pretty cold weather where it's hard to aim properly, and I can only imagine shooting in an operational setting is more difficult than shooting at the range, but wouldn't you want your shots to be well-placed to avoid hitting bystanders?


NYPD hit 9 innocents with the Empire State shooting. Trained professionals, ill bet.
 
Originally Posted By: GearheadTool


NYPD hit 9 innocents with the Empire State shooting. Trained professionals, ill bet.


To put that in perspective, they fired 16 rounds and wounded 10 different people. Nine of which were bystanders. One officer emptied his clip, which further demonstrates a lack of control.

At least in that case a gun was being brandished. 46 rounds for someone wielding a knife? "Well, we've started shooting. We'll just declare this our annual range time."
 
You never aim at arms or legs. A trained shooter shoots for the largest target, the chest. The intent is to protect yourself and drop the individual fast. Aiming for limbs causes misses that go flying off to God knows where and the probability of hitting the limb is low due to adrenalin, target movement, etc.
 
Originally Posted By: Artem
I never understood why cops always have to shoot to kill... Why not shoot him in the arm that's holding the knife? Shoot him in both legs so he falls down and tackle him.

They are trained shooters yet it seems as if they always close their eyes, turn their heads and just open fire until the clip is empty
33.gif


You'd think that some situations like this, death can be avoided and the criminal can be subdued with just a few NON-LETHAL properly placed shots so he can later be charged after he gets out the hospital.

Just my
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If a threat is lethal, then the response must sufficient to stop the threat. Period.

Trying to shoot an arm or leg is ridiculous - you've sent lethal force downrange with a near-zero chance of hitting that target. Have you ever tried to shoot at moving targets in a real situation? Blood pumping? Adrenaline flowing? Fine motor skills degraded by thos factors? Even the best shooters will tell you that shooting at a limb is foolish, you can't hit it when it's moving.

If your life, or the life of the public, is in danger (i.e. threat triangle present), then you must act to stop the threat in the most effective way possible - lethal force to center mass (and perhaps one to the head, but that's a topic for another day) because that is the most effective, proven way to stop a threat. A shot to the limbs? Doesn't stop the threat...you haven't defended yourself or others. In fact, because of the almost certain chance that the bullet will miss the limb, you've unreasonably placed bystanders at risk...

The second part of the discussion, beyond threat triangle and lethal force application is the continuum of force and the proportionality of response. If a person has a knife, that is a lethal weapon. You may not realize how quickly you can be killed by someone with a knife, but it is lethal. The response to lethal threat is lethal force. That's proportional.

If we're talking about a "hobo" with no apparent weapon, they still pose a threat, but it is less than lethal. No officer wants to get close to a potential assailant - who can strike, struggle for the officer's weapon, and pose a serious threat. Many folks on the streets, including our "hobo" are under the influence of drugs or other substances that increase strength, reduce pain, reduce fear and make a seemingly ordinary person a serious threat to an officer. Again, we can do the toxicology afterward, but that information is not known to the officer at the time. This is where a taser can give the officer a more proportional response, and allow him to engage a threat with non-lethal force at a range of several feet, and I am a big fan of giving the officer that range of options.

And video? ugh, there are so many details are missing from video - and the vast majority of us are not trained in the law or in the use of force, that looking at a video of a shooting is like looking at a video of brain surgery...you might think you know what is going on...but you really don't because you're not trained in that area...this isn't Hollywood, or TV, this is the real world, and very few Hollywood writers live in the real world.

Judging a person's actions from video without the experience and training in teh functino they are performing is an exercise in inaccuracy and unfairness.
 
Astro, I agreed with everything you wrote in your first post, but I have to disagree with you on this one. The video certainly does provide some very good input into the situation, IMO. Sure I'm looking at it sitting on my behind an not experiencing it in real life; however, these folks are supposedly trained to deal with these situations. The fact that they had stun guns and didn't use them strikes me as a serious lapse in judgement. This went one for 20 minutes, it's not like they didn't have time--and the guy wasn't exactly moving quickly.

I also think the fact that they fired that many times in a public setting speaks to a serious lack of training. That just isn't in the interest of public safety, I don't care how they try and sell it. I wouldn't want those folks serving in my neighborhood.
 
Originally Posted By: Artem
I never understood why cops always have to shoot to kill... Why not shoot him in the arm that's holding the knife? Shoot him in both legs so he falls down and tackle him.

They are trained shooters yet it seems as if they always close their eyes, turn their heads and just open fire until the clip is empty
33.gif


You'd think that some situations like this, death can be avoided and the criminal can be subdued with just a few NON-LETHAL properly placed shots so he can later be charged after he gets out the hospital.

Just my
49.gif



If they shoot to maim, then they can be sued after the fact by the "victim".
 
Originally Posted By: OVERK1LL


If they shoot to maim, then they can be sued after the fact by the "victim".


That of course is nonsense, since they can also be sued the estate after they kill someone. Not saying they should be shooting to main, but that in no way justifies deadly force. It seems like using a stun gun would have been a lot better option.
 
Originally Posted By: JOD
Originally Posted By: OVERK1LL


If they shoot to maim, then they can be sued after the fact by the "victim".


That of course is nonsense, since they can also be sued the estate after they kill someone. Not saying they should be shooting to main, but that in no way justifies deadly force. It seems like using a stun gun would have been a lot better option.


Isn't the stun gun only for non-lethal-force situations?

As Astro mentioned, it is all proportionate.

If he was running around like a lunatic without a knife, they'd probably have stunned him. But because he was carrying a weapon capable of deadly force and refused to put that weapon down, he was shot instead.

I also agree with Astro's stance that shooting to maim is futile. Trying to avoid the main mass so that somebody who is potentially trying to kill you hopefully doesn't die? Putting other lives in danger and probably missing the target? No, it isn't worth it. If you have somebody leveraging deadly force, you use deadly force to put them down.

Now, I think the number of shots was extremely excessive, a few shots would have been enough. Emptying their clips makes them out to be getting off on blowing this guy away or unable to control themselves once they started. That is scary. But the use of deadly force was, IMHO, justified. Just not in the volume it was delivered.
 
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