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budder, GCO's ATF :!:
 

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Discussion Starter #44
Marietta bar bans officer charged with shooting

[URL=http://www.ajc.com/metro/content/metro/cobb/stories/2007/10/16/shootbar_1016_3DOT.html?cxntlid=inform said:
AJC.com[/URL]]Marietta bar bans officer charged with shooting
By JEREMY REDMON
The Atlanta Journal-Constitution
Published on: 10/16/07

Atlanta police Officer Steve Iman is persona non grata at Winston's Food & Spirits in Marietta.

The manager of the British-themed pub said Monday that Iman and other officers who used to hang out with Iman there on karaoke nights aren't welcome back. Not after Iman allegedly fired on another customer with his department-issued pistol following a verbal confrontation in the pub's parking lot early Friday morning.

"I don't want this group of fellows in here anymore," said Brent Plagenhoef, general manager of the pub on Sandy Plains Road. "You are supposed to be held to a higher standard because you are officers, but [they were] running around like it's the Wild West."

Marietta police charged Iman, 27, a four-year veteran of the Atlanta Police Department, with aggravated assault for allegedly shooting at Chris Chvala, a 23-year-old Georgia State University student, and Chvala's girlfriend. Two bullets shattered the back window of Chvala's truck, said Peter Chvala, the victim's father.

Atlanta police suspended four officers who were with Iman and allegedly fled the scene and did not report the shooting to superiors until confronted by the department. A Cobb County officer who Plagenhoef said was with Iman in the bar has been placed on paid leave pending an internal investigation. That officer, Michael Stearnes, also fired his weapon at the scene but did so accidentally while running and tripping in the parking lot, Marietta police said.

On Monday, Marietta police confirmed they obtained video footage from the bar's security cameras showing Iman and the other officers talking to Chvala inside before the shooting. However, there is nothing showing a fight between the officers and Chvala, said Plagenhoef, who was not at the pub during the incident but has watched the video.

"It verified that there was an exchange of words inside," said Marietta police spokesman Mark Bishop. "When we were told these guys were possibly officers, we used it for identification purposes."

The video lacks sound. But it shows what could have ignited the incident: Chvala's girlfriend is seen cozying up to the officers, Plagenhoef said. Chvala told Marietta investigators that the argument broke out over a woman. At one point, Plagenhoef said, Chvala walks over, places his hand on the shoulder of one of the Atlanta officers and talks to him for about a minute before returning to his seat on the other side of the bar.

"There was a flirtatious female in here," Plagenhoef said.

Chvala's girlfriend is not named in the police reports. Like Chvala and his girlfriend, Iman and the other Atlanta officers were regular customers at Winston's, named after Winston Churchill. In the video, Iman is seen sitting at one of two green high-top tables with Stearnes and Atlanta Officers Matthew Fuqua, 26; Kevin Patton, 26; Ryan Sinks, 26; and Adam Plummer, 28. None of the officers was in uniform, Plagenhoef said. They were drinking draft beers less than 20 feet from Chvala, who was also drinking beer, Plagenhoef said. The bartender asked them to leave about 10 minutes after the pub's 2 a.m. closing time, Plagenhoef said.

Iman and the other police officers are banned from the pub at least until authorities sort out what happened in the parking lot, said the pub chain's owner Bob Barnett.

"They are police officers and they are supposed to maintain the peace," Barnett said.

Several regular customers eating lunch at Winston's Monday said they agreed with Barnett's decision. They said they were surprised that an officer would shoot at a car in a shopping center parking lot, which sits across Sandy Plains Road from a neighborhood.

"I don't think it's appropriate at all" for the officers to come back, said Phil Flood, a concrete salesman from Marietta who regularly eats at Winston's. "I don't mind stupid people. But if you have a gun and you are stupid, that is insane."
 

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Discussion Starter #45
[URL=http://www.ajc.com/metro/content/metro/cobb/stories/2007/10/17/cobbcop_1018.html?cxntlid=homepage_tab_newstab said:
AJC.com[/URL]]Cobb cop resigns after parking lot shooting
By YOLANDA RODRÃGUEZ
The Atlanta Journal-Constitution
Published on: 10/17/07

The Cobb County police officer whose gun accidentally went off last week while his buddies were involved in a parking lot shooting resigned Wednesday.

Cobb's Internal Affairs unit was investigating Michael Stearnes for his involvement in the shooting early Friday at Winston's Food & Spirits in Marietta.

Stearnes, a probationary employee, joined the Cobb force last year. He had been placed on paid administrative leave.

The resignation ends the department's internal investigation, said Officer Cassie Reece, a police spokeswoman.

Stearnes and his friends â€" five Atlanta cops â€" were at the British-themed pub on Sandy Plains Road when a confrontation involving a woman spilled out onto the parking lot.

Atlanta police Officer Steve Iman was charged with aggravated assault. Marietta police allege that Iman shot at Chris Chvala, 23, a Georgia State University student, and Chvala's girlfriend.

Two bullets shattered the back window of Chvala's truck, according to his father.

Stearnes' gun accidentally went off when he tripped and fell, Marietta police said.

Atlanta police suspended the four other officers who were with Iman. The foursome allegedly fled the scene and did not report the shooting to superiors until confronted by the department.

The suspended Atlanta officers are: Matthew Fuqua, 26; Kevin Patton, 26; Ryan Sinks, 26; and Adam Plummer, 28.

Chvala told Marietta investigators that the argument broke out over a woman. A pub video shows Chvala's girlfriend flirting with the cops.
 

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Discussion Starter #47
budder said:
1) Guns don't accidentally go off.
2) So a cop can kill a guy, then resign and avoid charges? Because that's what this sounds like to me.
....and still get another LEO job somewhere else since IA didn't find against him (because they closed the investigation when he resigned)....

EDIT: Note, he didn't kill anyone. He just ND'd his weapon. Yes, this is bad but at least no one was injured or killed.
 

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I'm sure he could still get charges placed on him as if he was an average citizen. Of course he falls under the exemptions for a firearm in a bar. But to discharge a firearm in Cobb not in self defense, or at a range etc... is illegal from what I understand.

I mean the charges would probobly be a very light if anything at all. But it would still be on his record.
 

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There is another lesson in this. If your girlfriend "cozies up" to other guys, dump her and move on without even another word. Life is too short. What kind of loser wants to keep a girlfriend like that?
 

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Malum Prohibitum said:
There is another lesson in this. If your girlfriend "cozies up" to other guys, dump her and move on without even another word. Life is too short. What kind of loser wants to keep a girlfriend like that?
Exactly.............why get in a fight (or worse, get shot) over some tramp that was openly flirting with a group of other guys in your presence?
 

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Malum Prohibitum said:
There is another lesson in this. If your girlfriend "cozies up" to other guys, dump her and move on without even another word. Life is too short. What kind of loser wants to keep a girlfriend like that?
The sort of guy that follows 1 of 2 primary sexual strategies of mammals:

1) reproduce with as many females as possible to increase the odds of passing genetic material

2) cull one candidate female from the group for exclusive reproduction and defend one's claim against all suitors

A lot of the problems in our society would vanish if only the DNA would give up its insatiable drive to be mixed up and passed on...
 

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ls1ssdavid said:
I'm sure he could still get charges placed on him as if he was an average citizen. Of course he falls under the exemptions for a firearm in a bar. But to discharge a firearm in Cobb not in self defense, or at a range etc... is illegal from what I understand.

I mean the charges would probobly be a very light if anything at all. But it would still be on his record.
But was he drunk when his gun went off? That's a crime isn't it?
 

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SigP229 said:
ls1ssdavid said:
I'm sure he could still get charges placed on him as if he was an average citizen. Of course he falls under the exemptions for a firearm in a bar. But to discharge a firearm in Cobb not in self defense, or at a range etc... is illegal from what I understand.

I mean the charges would probobly be a very light if anything at all. But it would still be on his record.
But was he drunk when his gun went off? That's a crime isn't it?
I do believe there's an exemption for self defense. Can't find it right now.
 

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ptsmith24 said:
SigP229 said:
ls1ssdavid said:
I'm sure he could still get charges placed on him as if he was an average citizen. Of course he falls under the exemptions for a firearm in a bar. But to discharge a firearm in Cobb not in self defense, or at a range etc... is illegal from what I understand.

I mean the charges would probobly be a very light if anything at all. But it would still be on his record.
But was he drunk when his gun went off? That's a crime isn't it?
I do believe there's an exemption for self defense. Can't find it right now.
Doesn't appear to be self defense.
 

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ptsmith24 said:
SigP229 said:
ls1ssdavid said:
I'm sure he could still get charges placed on him as if he was an average citizen. Of course he falls under the exemptions for a firearm in a bar. But to discharge a firearm in Cobb not in self defense, or at a range etc... is illegal from what I understand.

I mean the charges would probobly be a very light if anything at all. But it would still be on his record.
But was he drunk when his gun went off? That's a crime isn't it?
I do believe there's an exemption for self defense. Can't find it right now.
O.C.G.A. § 16-11-134

GEORGIA CODE
Copyright 2007 by The State of Georgia
All rights reserved.

*** Current through the 2007 Regular Session ***

TITLE 16. CRIMES AND OFFENSES
CHAPTER 11. OFFENSES AGAINST PUBLIC ORDER AND SAFETY
ARTICLE 4. DANGEROUS INSTRUMENTALITIES AND PRACTICES
PART 3. CARRYING AND POSSESSION OF FIREARMS

O.C.G.A. § 16-11-134 (2007)

§ 16-11-134. Discharging firearm while under the influence of alcohol or drugs

(a) It shall be unlawful for any person to discharge a firearm while:

(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;

(2) The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or

(3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.

(c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

HISTORY: Code 1981, § 16-11-134, enacted by Ga. L. 1995, p. 139, § 1.
 

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I would think that exemption is there so that you could protect your home while drinking beer and watching football on Sunday. I wouldn't think that it's there to protect yourself while out drinking all night.
But :ianal:
 

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Discussion Starter #57
SigP229 said:
I would think that exemption is there so that you could protect your home while drinking beer and watching football on Sunday. I wouldn't think that it's there to protect yourself while out drinking all night.
But :ianal:
And it also depends on who we are talking about using this as a defense. The guy who jumped on the hood may have believed he was defending himself (though I don't think so since he was shooting at a car that was driving away from him). The guy running across the parking lot "because he heard gunfire" (IIRC that was why he said he drew his weapon) would likely not fall under this exemption on Sunday or at the bar. But, I too :ianal: .
 

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SigP229 said:
ptsmith24 said:
SigP229 said:
ls1ssdavid said:
I'm sure he could still get charges placed on him as if he was an average citizen. Of course he falls under the exemptions for a firearm in a bar. But to discharge a firearm in Cobb not in self defense, or at a range etc... is illegal from what I understand.

I mean the charges would probobly be a very light if anything at all. But it would still be on his record.
But was he drunk when his gun went off? That's a crime isn't it?
I do believe there's an exemption for self defense. Can't find it right now.
Doesn't appear to be self defense.
I didn't mean to imply that it did. I was just speaking generally.
 
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