something DLR about this one

Discussion in 'Off-topic' started by legacy38, Jul 15, 2007.

  1. legacy38

    legacy38 Active Member

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    DLR is a copism for "don't look right".


    http://abclocal.go.com/wls/story?sectio ... id=5478651

    http://www.lineofduty.com/content/view/88735/1/

    Iowa laws:

    704.1 Reasonable force.
    "Reasonable force" is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used even if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment.

    704.3 Defense of self or another.
    A person is justified in the use of reasonable force when the person reasonably believes that such force is necessary to defend oneself or another from any imminent use of unlawful force.

    704.10 Compulsion.
    No act, other than an act by which one intentionally or recklessly causes physical injury to another, is a public offense if the person so acting is compelled to do so by another's threat or menace of serious injury, provided that the person reasonably believes that such injury is imminent and can be averted only by the person doing such act.

    704.6 When defense not available.
    The defense of justification is not available to the following:

    1. One who is participating in a forcible felony, or riot, or a duel.

    2. One who initially provokes the use of force against oneself, with the intent to use such force as an excuse to inflict injury on the assailant.

    3. One who initially provokes the use of force against oneself by one's unlawful acts, unless:

    a. Such force is grossly disproportionate to the provocation, and is so great that the person reasonably believes that the person is in imminent danger of death or serious injury or

    b. The person withdraws from physical contact with the other and indicates clearly to the other that the person desires to terminate the conflict but the other continues or resumes the use of force.
     
  2. legacy38

    legacy38 Active Member

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    Folks, I have to admit I'm a bit shocked that with 37 views to this point that there haven't been any comments. If this had been the other way around with the cop attacking and the other guy defending this forum would be lit up tirades and "professional" statements.
     

  3. Thorsen

    Thorsen New Member

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    I was one of the views on this post legacy38 but to be honest with you I must have somehow overlooked the links altogether. I remember reading the rest of the post and pretty much saying to myself "wtf, seems to be a posting about Iowa self-defense laws".

    Well now I have read the two links you left and if they represent the truth of what happened then I too think there was a serious miscarriage of justice done.

    I can definitely relate to this as many years ago I was involved in a barroom brawl and ended up being the person arrested. I have never started a fight in my life and that night was no different. Although it is a long story, best suited to telling it in person, the long and the short of it is that I was attacked by a man much larger than I (I am about 5'9", he was about 6'2"). I attacked him back, breaking his nose and cheek bones (and also my right hand in two places) causing him to run away from me. We both ended up at the same hospital and he pressed charges against me while walking scot free himself, even though he was the one who started the entire altercation.

    Luckily for me I had just been accepted to officer candidate school for the Army and had numerous character witnesses who came forward on my behalf. The judge, knowing that a conviction would keep me out of OCS, withheld adjudication against me, and the state allowed me to seal the arrest record in its entirety meaning that I can legally state that I have never been arrested when asked that question.

    To this day I am angry that I was the person who had to face the courts and the man who started the entire incident walked completely free, so I can definitely identify with this officer.
     
  4. legacy38

    legacy38 Active Member

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    CPD officer sentenced to 5 years in Iowa
    WLS By Chuck Goudie

    July 13, 2007 - A Chicago Police officer has been sentenced to five years in prison. He says he was defending himself against a drunken attacker while off-duty in Iowa. A judge in Dubuque, Iowa, says the police officer should have simply run away.
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    Patrolman Mike Mette was convicted of felony assault. He has been removed from the Chicago Police Department and faces a stiff prison term in Iowa.

    "I feel it's a complete miscarriage of justice," said Officer Michael Mette.

    The case raises questions about fairness and just who was the victim.

    This is not just a question of whether the punishment fits the crime. Chicago Police Officer Mike Mette says there was no crime. Nevertheless, a judge in Iowa this week sentenced Mette to five years behind bars for slugging a Dubuque college student, even though the judge admits Mette was being attacked at the time. No one is disputing the facts of the case of what happened that night, only the outcome is being questioned.

    "My younger brother Marc was living in Dubuque, he went out there for his 25th birthday," said Michael Mette.

    The party weekend took place October, 2005, near the University of Dubuque campus. Eleventh District Chicago Patrolman Mike Mette, his brother Marc and several friends went to a late night beer party in a nearby home thrown by a pair of university students, one of them 20-year-old Jake Gothard. According to authorities, Gothard was extremely drunk at the time.

    "Yelling, makin' derogatory comments about us being six guys with no women with us," said Michael Mette.

    Michael Mette says when he and his brother and their four friends tried to leave, Gothard became angry.

    "He was just mad that we didn't want to stay and drink with him anymore," Michael Mette said.

    Gothard and his roommate began chasing Mette and the five other men, claiming they had stolen his cell phone, until they all ended up on the front lawn of Marc Mette's house.

    "Mr. Gothard approached me and told me he was going to beat the crap out of me, and he actually hit me with his two fists like this in the chest. Hit me three times. I pushed him away from me. Told him to leave. He comes back at me a fourth time and that's when, you know, when I hit him. I hit him in the left side of the face," said Michael Mette.

    Moments later, when city police arrived on the scene, Gothard was still on the ground, having been cold cocked by Officer Mette's right hook. When Mette and the others described what happened, Dubuque Police arrested Mette, charging him with felony assault causing serious injury.

    "Just because I am a police officer doesn't mean I'm supposed to take a beating," Michael Mette said.

    "His conduct wasn't warranted," said Timothy Gallagher, assistant Dubuque County attorney.

    The prosecutor who brought charges against Mette says it wasn't self-defense.

    "Mr. Gothard received, as I recall, numerous cuts, abrasion bruises, head/brain bleeds," said Gallagher.

    When the case went to a bench trial in December, Dubuque County Judge Monica Ackley found that Chicago Police Officer Mike Mette "was not the initial aggressor of this incident," Jake Gothard was. Nevertheless, Judge Ackley ruled that Mette was guilty, because even after Gothard struck him three times, Mette should have just ignored it and retreated.

    "If I'm being attacked on my own property I should have the right to defend myself within reason," said Mette.

    On Monday, Mette was sentenced to five years in prison.

    "The court has no discretion in that matter. It's mandatory incarceration," said Gallagher.

    Jake Gothard wasn't charged, although he has since been arrested for driving under the influence. He returned to compete in college golf tournaments and, apparently, to the party circuit, having displayed dozens of drinking photos on his Facebook page.

    Jake Gothard, the official victim in the case, agreed to an interview Friday but then backed out on advice of his lawyer because he says they plan a civil suit against Officer Mette.

    Former Officer Mette, who has been placed on unpaid status, is off the job as he appeals the conviction and sentence in Iowa.
     
  5. legacy38

    legacy38 Active Member

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    This officer's sentence
    is hogwash



    Chicago Tribune Commentary
    jskass@tribune.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

    In an Iowa criminal case that smells of a thousand hogs, a young Chicago police officer was sentenced last week to 5 years in prison for defending himself against an attack by two large, drunken men, even though he testified that he repeatedly tried avoiding a fight.

    There is a U.S. Department of Justice office in Iowa. What is happening to Chicago police officer Michael Mette bears some serious federal inquiry.

    Dubuque District Court Judge Monica Ackley agrees Mette was attacked, he tried to avoid conflict, two large men hounded him down the street, and one of them got into Mette's face and began pushing him, repeatedly, before Mette threw one punch and knocked the guy out.

    Still, she's sentencing this young Chicago cop to prison, she wrote, because that's the law in Iowa.

    Mette has no clout in Dubuque. But Dubuque is a small town, and the intoxicated man's daddy is a boss in a giant Iowa trucking company.

    Early last Thursday morning, I spoke with Mette, a four-year police officer in the Harrison District, and his father, Bob Mette, a veteran detective now running the Cook County state's attorney's sex crimes investigation unit. I asked Mike Mette about prison.

    "To tell you the truth, it is not something I think about," he said about the sentence he will begin serving in October if an appeal isn't successful. "I am assuming I am going to get my ass kicked once the inmates find out I am a police officer."

    There was no trembling on his face, no Oprah moment, just a straight look, a cop's look: "I know it's not going to be easy. Not thinking about it has kept me sane."

    Mette told me his story. But these facts are also in court documents and Judge Ackley's written ruling.

    Mette and his brother Marc, a former student at the University of Dubuque, along with a few other friends, were in that town for Marc's birthday on Oct. 8, 2005. They had a few drinks and heard about a house party. When they arrived, two college students at the door said the beer was downstairs, for $5 a head. They went down to check out the party.

    "There was absolutely nobody in the basement," Mette told me. "There was a keg in the corner. Nobody there. We took a look, and said, let's get out of here."

    That took about a minute. They did not drink a drop. They left.

    But the kegger host, Dubuque University golfer Jacob Gothard, became enraged and started calling them "ignorant and offensive names," the judge ruled.

    Gothard had been drinking heavily for hours. His blood alcohol level would later be measured as .310, almost four times the legal limit in Illinois. No matter what side of the Mississippi you're on, that's blind drunk.

    Gothard shouted that he would call police and brandished a cell phone; then, Gothard told police, he couldn't find the phone—he assumed someone stole it.

    Mette, 30, who is about 6 feet tall and 190 pounds, left with his brother and a couple others, including a 5-foot, 8-inch friend of theirs, Chris Tanner. They walked down the street to Marc Mette's home. Just then, Gothard, who is about 6 feet, 2 inches and his roommate, Nicholas Boyd, a 6-foot, 8-inch, 240-pound basketball player from Downers Grove, chased them.

    Gothard ran up to Mette and pushed him, hard, with both fists in the chest, "at least two times, maybe three," Judge Ackley wrote. After repeatedly trying to avoid a fight, Mette felt he had no choice. He threw a punch. Gothard was knocked unconscious to the ground.

    Prosecutor Timothy Gallagher said that Gothard was severely injured and had to be airlifted to a hospital. The prosecution's case was that Gothard was near death, suffering from a broken jaw, and nose and bleeding on the brain. He was hurt, certainly, but if he hadn't liquored up and chased strangers and pushed them, he would have been fine.

    A few months afterward, Gothard was posting killer golf scores for the college golf team. So he wasn't that injured. He was drunk, yet prosecutors didn't pursue that angle.

    "When his cell phone disappeared, that's what put him out into the public [way]," Gallagher said, suggesting it's OK to charge down the street in a drunken rage and push strangers. "His claim was that he was the victim."

    Jake's father, Curt Gothard, did not return a phone call. He spent more time in court than his son, who, when he wasn't posting great golf scores, was posting high levels of intoxication. After his dust-up with Mette, Jake Gothard was convicted for driving under the influence.

    Gothard will golf. Boyd will dribble a basketball. And Mike Mette will go to prison.

    "It's been a two-year nightmare," said Mike's father, Bob. "My stomach has got to have a hole the size of the Grand Canyon."

    Iowa is celebrated for corn, for decent people, and for that fantasy baseball park built on a farm at the end of a dirt road, with the baseball immortals stepping out from the cornstalks whispering, if you build it, they will come.

    Mette played baseball in college. But what's happening to him isn't about Iowa baseball mythology. It doesn't smell of corn.

    It stinks of the pig barn.

    jskass@tribune.com
     
  6. merlock

    merlock New Member

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    Something really stinks in Dubuque.
    Looks like I'm adding Iowa to my personal boycott list.
    Legacy: I thought LEO's took care of each other. :?
     
  7. jeepsterwannabe

    jeepsterwannabe New Member

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    pretty darn disgusting, self defense without a weapon even and you end up in jail, sounds like iowa is full of retards that reward alcoholics.
     
  8. legacy38

    legacy38 Active Member

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    I have been trying to find more info on this one, but all I can find is the linked articles, and I am skeptical of most media reports. This one is making the rounds on the cop forums; so, hopefully more will be out on it soon.

    AS for cops taking care of each other, there are limits to that, and it doesn't run as deep as people think it does.

    If everything is as reported, there is no way I would have made that arrest on scene whether or not the guy was a cop. I would have written an incident report and let it go to a show cause hearing in front of a magistrate judge to determine PC for any charges.
     
  9. maddog

    maddog New Member

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    It sure sounded like a severe miscarrage of justice to me. Maybe the Judge will get some of that kind of justice.
     
  10. Purge

    Purge New Member

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    Why wasn't there a jury of his peers?

    Am I missing something?
     
  11. zookeper

    zookeper Active Member

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    i agree that something is missing here, it's what i thought when i first read the post/links, it's why i didn't respond then, i was waiting for the other facts to come out. if the story is as presented and it's injustice due to his "messing with the wrong guy" in a small town, when he gets his appeal outside the local jurisdiction he should be ok, i hope.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, IF they are accurate, then why was there an arrest, why was there a prosecution, and why was there a conviction?

    If they are accurate, surely this will be reversed on appeal?
     
  13. fallison

    fallison New Member

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    I have lived in small towns nearly all my life and to me, this one sentence pretty much explains the whole thing. In every small town I have lived in, there has been a family or two that could do no wrong.
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  15. Macktee

    Macktee New Member

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    Legacy, I'm sorry I missed your original post, but now I've read all the articles and must agree this is terrible.

    I also have lived in small towns and that one little sentence pretty well sums it all up. You don't hit the son of the town heavy hitter and walk away, no matter how justified.

    This surely will be overturned on appeal. Surely... if there's any justice at all in Iowa. But even if that happens, this guy has been severely punished and the kid's daddy has gotten his revenge. "No body hits my kid and gets away with it...!"

    "Stinks" doesn't even come close to describing this!
     
  16. CoolHand

    CoolHand Active Member

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    The cop got shafted by the good ole boy network. I wonder if anyone has tried to send this up the O'reilly, Limbaugh, Hannity, Boortz radio/TV talk show circuit. I'd think they'd be on it like white on rice. A little media sunshine might help disinfect the crap going on up there.
     
  17. lineofduty

    lineofduty New Member

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    Michael Mette conviction

    Hey, all -

    Law Enforcement professionals (and folks in related fields) can register and read up on this case at lineofduty.com.

    We have posted the contact information for the judge, prosecutor and media, and have posted the court record.

    We have been in touch with Officer Mette's family, and the information in the articles above are all true and correct. It's just an amazingly stupid verdict (Ofcr Mette requested that the judge only, rather than a jury, hear his case) and we're trying to help get the word out.

    It's not just about cops, on duty or not, being allowed to defend themselves. It's about all of us who might try to walk away but would probably respond if the fight chased us down.

    We're hoping there will be more media coverage on this case, and I'm sure the officer and his family appreciate your support.

    Be safe.

    Julie - Line of Duty
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  19. GAGunOwner

    GAGunOwner Active Member

    How many people did this Chicago cop throw in jail in his career for carrying a gun or other bogus laws? Probably several, just keep that in mind. :lol:
     
  20. GAGunOwner

    GAGunOwner Active Member

    Just to make it clear that is no excuse for a miscarriage of justice though.