Police officer arrested for assault in miscarriage of justice

[jks9199]

Such type and level of force as will cause serious injury, maiming or death. There is no doubt on most weapons - shooting multiple times, slashing with a katana or Bowie knife. I recall a court-martial where the victim was stomped and kicked repeatedly while down on the ground.

With hands, the best analogy I can come up with is where one boxer has clearly been knocked senseless, barely on his feet... the ref fails to move in for a TKO call... and the opposing fighter delivers one or more savage blows. People have been killed in the ring that way. In boxing, it has been allowed... but on the street it can be a felony.

Did that happen in this case? I don't know, which is why I respectfully yield the floor to the thread originator until more solid facts become available.

As I learn more, I'll update. Unfortunately, as I'm sure you know, the appeals process is pretty slow. I've heard that the FOP is assisting Mette in his defense. I personally hope he at least communicates with Bill Lewinsky and the Force Science Institute (they're a really interesting group that has helped defend several officers with solid, repeatable experimental data).

One of the problems in any use of force is that there is no absolute definition syaing "this is serious injury; that isn't." For example, in VA, we can generally obtain a warrant for malicious wounding if blood was drawn (beyond a bloody nose or simple split lip) -- but I'm sure many of us here have seen just how easily some people bleed from facial punches. A broken limb is serious; is a sprain?

It'll be interesting and instructive to see how this unfolds.

 

[oddball]

Sorry to necro, but it's been a few months now and I wanted to know if anything happened with this.

 

[jks9199]

I haven't heard anything new; I'll have to look and check around. It's very, very possible that there's been no movement. The appeals process is incredibly slow.

On a quick check, I found the website of his defense fund; I'm NOT posting the site as a fundraiser, only because it seems most likely to have info. But it doesn't have anything more recent than submitting the appeal in September. You can see for yourself here

 

[Karatedrifter7]

There is a line that's drawn between defending oneself, and causing serious injury to the other party. I'm not saying that this setence isint a miscarriage of justice, I think it probably is. Apparently though, Gothard was bleeding from his head, brain, etc. Perhaps Mette really beat this guy up above and beyond self-defense? So it could be labled as revenge. Sounds similar to the hockey fathers case of MA, but this time nobody died. And of course an overzelous judge.

 

[newGuy12]

This is why it is SO DANGEROUS to be involved in any way in a court case! I have been acquainted with attorneys. I have asked them about strange rulings. One told me, "It has nothing to do with common sense, it has nothing to do with right and wrong, it only has to do with what is LEGAL and ILLEGAL."

It is VERY DANGEROUS to get tangled up in the courts. I hope that it never happens to me, or to anyone else on this board. All rules of common sense get stopped at the door when you go into a courtroom!