Man Shot By Police; Had Fake Gun
- Thread starter MJS
- Start date
If the officers arriving at the scene did not know that it was a fake gun, and they felt that their lives or those of others were threatened, then I cannot fault them for responding to the perceived deadly force they were facing.
If the dispatcher failed to inform the officers clearly and repeatedly that it was reported to be an "air-soft" soft-pellet pistol then she is definitely at fault. If she did inform the officers of this, then they have some serious explaining to do.
Either way, there will certainly be a lawsuit over this, probably resulting in a big settlement for the victim's family, and regardless of who is at fault, the dispatcher and officers better belong to a strong union and get good legal advice because in any large organization sheist rolls down hill.
If the dispatcher failed to inform the officers clearly and repeatedly that it was reported to be an "air-soft" soft-pellet pistol then she is definitely at fault. If she did inform the officers of this, then they have some serious explaining to do.
Either way, there will certainly be a lawsuit over this, probably resulting in a big settlement for the victim's family, and regardless of who is at fault, the dispatcher and officers better belong to a strong union and get good legal advice because in any large organization sheist rolls down hill.
I agree with both of you and was thinking the same thing. I'd like to think that info. wasn't withheld, but one can't take the chances. Here's a good example:
http://www.newingtonct.gov/content/78/118/140/1602/default.aspx
Did this guys wife really not think there were any weapons in the home or did she just say that?
http://www.newingtonct.gov/content/78/118/140/1602/default.aspx
Did this guys wife really not think there were any weapons in the home or did she just say that?
If the dispatchers told the officers it was fake, it still comes down to if they can afford to believe this second, or third, hand information vs what they see on the scene. If it looks like a real gun and the suspect is acting like it's a real gun then they would be justified in shooting.
Exactly! Nowadays, there're so many fake guns out there, unless you're physically holding it in your hands, looking at it up close, it's next to impossible to tell whether its real or not.
I've never had this happen. But I have had friends and family assure me that Johnny would NEVER actually hurt anyone with that [insert name of weapon here] he is carrying and presently menacing others with. OK, I'm sure they believe that. I'm not going to ask an officer to stake his life on it.
Same for statements that the weapon is fake.
If I am not mistaken, Airsoft and other 'fake' guns are sold with bright orange tips to distinguish them from 'real' weapons. Some people remove the tips, because it makes them look less 'real'. When a weapon looks real, the police must assume it is real. I'm sorry that the man was killed. I am not certain the police had a realistic choice.
http://en.wikipedia.org/wiki/Airsoft#Orange-tipped_airsoft_gun_muzzles
Same for statements that the weapon is fake.
If I am not mistaken, Airsoft and other 'fake' guns are sold with bright orange tips to distinguish them from 'real' weapons. Some people remove the tips, because it makes them look less 'real'. When a weapon looks real, the police must assume it is real. I'm sorry that the man was killed. I am not certain the police had a realistic choice.
http://en.wikipedia.org/wiki/Airsoft#Orange-tipped_airsoft_gun_muzzles
Two senarios here, Last week in Anchorage the PD shot and killed a guy with a bb gun pistol they knew it was a bb gun pistol and the public relations officer said the police considered that to be a serious threat. If I remeber right this was a suicide by cop situation.
Previously our state troopers were sent to transport a man from a village mental patient they had dealt with before he was highly agitated barracaded in his house with gun. The trooper showe up on snow machine right up to the house with a mental health person on back the man came out with rifle and the trooper had to shoot and kill him to protect the passenger. Of course native family crys foul but both were at fault.
First the trooper should have confirmed the situation before approaching the house they could have had a long stand off with negotiators councelors.
Second the famly/mother who made the original request to the troopers caused him to be agressive by taunting her son that the troopers were comming so everyone in situations has some responsibilty.
Previously our state troopers were sent to transport a man from a village mental patient they had dealt with before he was highly agitated barracaded in his house with gun. The trooper showe up on snow machine right up to the house with a mental health person on back the man came out with rifle and the trooper had to shoot and kill him to protect the passenger. Of course native family crys foul but both were at fault.
First the trooper should have confirmed the situation before approaching the house they could have had a long stand off with negotiators councelors.
Second the famly/mother who made the original request to the troopers caused him to be agressive by taunting her son that the troopers were comming so everyone in situations has some responsibilty.
While toy guns are required to be sold with orange muzzles, the orange tip can be taken off. Of greater concern, there have been documented instances of criminals and gang members painting the front of a real gun's muzzle orange, hoping to slow a cop's reaction.
If it looks like a gun, and you don't comply with my commands, I'm going to assume it's real. And if you point it at me -- I'm going to shoot you. Because I WILL go home to my family, and I'm not going to risk leaving my son fatherless over "it may not be real."
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