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Woman killed in simulation exercise at Florida police academy

4528 Views 37 Replies 22 Participants Last post by  Nemo
A woman was accidentally shot and killed Tuesday during a demonstration at a police academy in Florida, authorities said.

Punta Gorda police Chief Tom Lewis called the shooting an accident and said it occurred during a “shoot or don’t shoot†scenario in which authorities use simulated lethal force in a live scenario
http://www.foxnews.com/us/2016/08/1...ation-exercise-at-florida-police-academy.html
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From a legal perspective, is the cop's unjustified INTENTIONAL use of force (the dog) against a real offender in the street (the bicyclist)

even RELEVANT for the new incident involving an ACCIDENT, where the cop grabbed a gun that he thought would not fire, but did fire, during a training exercise, aiming at a target he KNEW was not a threat, nor any sort of criminal?

Is it relevant? Relevant = assists the fact-finding body (judge, or jury) in either finding that a certain fact has been proven or has not been proven. Relevant evidence does not have to carry this burden by itself, but it has to have enough weight that the analysis goes further toward one direction or another WITH that evidence that it would without it.

*********

Next question: If it were relevant evidence, would it even be admissible?
It sounds like character evidence.
As Phaed observed above, the argument would be that this guy is a habitual rule-breaker, because he's special and the rules don't apply to him.
He is of the mindset that he can get away with anything, because he's a cop (apparently a super-cop that has the special honor of training others in police tactics).

So, is this "character evidence" ?? If so, the general rule is that evidence showing somebody's bad moral character is not admissible to help prove that the person acted in a bad way during a particular incident.
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What is the statutory phrase? "malignant heart"?
From a legal perspective, is the cop's unjustified INTENTIONAL use of force (the dog) against a real offender in the street (the bicyclist)

even RELEVANT for the new incident involving an ACCIDENT, where the cop grabbed a gun that he thought would not fire.
Not legally relevant, but it goes a long way in explaining how it could possibly happen. Other people's welfare is of no concern to this guy apparently. It's easier for him to let the dog chew the bicyclist up than to wrestle the guy. Sooner or later the guy will stop moving because of death, blood loss or shock and he wont have to wrestle with him.

It wasn't important enough for him to check the weapon to see if it was unloaded. He didn't care enough to check. What consequences are there for him anyway? Its just an accident. No skin off his ass. He probably didn't even have to help clean up the mess.
Here in Georgia, we had a similar event 10 years ago.
An instructor at the law enforcement academy in Austell shot and killed a 23-year old female cadet / officer. Shot her with his service weapon during a demonstration about reloading a new magazine.

http://www.odmp.org/officer/17868-police-officer-tara-marie-drummond

I've done POST training, and private security company training, and we were not allowed to have any loaded firearms or even loose ammunition in any of the rooms where the training took place. That's how it should be. Totally "cold" training environment.

If somebody's afraid that bad guys will try robbing the cops or citizens receiving the training, they can post an armed officer at the door and tell him or her to STAY OUT THERE, and leave the unarmed people inside.
It's cops like him that increase the ice cream budget.
Savage haha
Not legally relevant, but it goes a long way in explaining how it could possibly happen. Other people's welfare is of no concern to this guy apparently. It's easier for him to let the dog chew the bicyclist up than to wrestle the guy. Sooner or later the guy will stop moving because of death, blood loss or shock and he wont have to wrestle with him.

It wasn't important enough for him to check the weapon to see if it was unloaded. He didn't care enough to check. What consequences are there for him anyway? Its just an accident. No skin off his ass. He probably didn't even have to help clean up the mess.
Reminds me of children who have never been disciplined or a bully who had never been stood up to or seen any negative repercussions. The bad behavior will continue until there are strict consequences.
Next question: If it were relevant evidence, would it even be admissible?
It sounds like character evidence.
As Phaed observed above, the argument would be that this guy is a habitual rule-breaker, because he's special and the rules don't apply to him.
He is of the mindset that he can get away with anything, because he's a cop (apparently a super-cop that has the special honor of training others in police tactics).

So, is this "character evidence" ?? If so, the general rule is that evidence showing somebody's bad moral character is not admissible to help prove that the person acted in a bad way during a particular incident.
The PINAC article I quoted showed this cop had 37% of his cases dismissed against some average dismissal rate of 5-6%.

“The state attorney dismissed those cases because he either violated procedure or somebody’s Constitutional rights,†Weinberg said.
Sounds like there was far more than just character evidence available against this guy indicating he should probably be flipping burgers instead of carrying a gun & badge.
Charging the boss as complicit for the stupidity shown by his subordinates? Excellent! Everything your department does reflects back on you and you own the final responsibility.

But, in a move that took most everyone by surprise, prosecutors also charged Punta Gorda Police Chief Tom Lewis with culpable negligence for his role in Knowlton’s death. Lewis wasn’t arrested for the misdemeanor charge. Instead, he received a summons to show up in court.
Bravo prosecutor. For once one of them actually does the right thing without having to be fought into it.

Nemo
https://www.thegunwriter.com/23066/...ligence-shooting-death-retiree-training-demo/

I can't decide if I'm surprised or not.

A six-member Charlotte County jury has acquitted Punta Gorda Police Chief Tom Lewis of misdemeanor culpable negligence for his role in the August 9 death of retired librarian Mary Knowlton.
The officer that shot is suing for disability for his PTSD over the shooting.

http://www.fox13news.com/news/local-news/264670751-story?update

http://wfla.com/2017/06/29/punta-gorda-police-chief-found-not-guilty-in-accidental-shooting-death/
I'd like to say I was surprised, but y'know... I'm really not.

Had it not been one of the 'special people' then I suspect the results would have differed.
Definition of Culpable Negligence

As defined under Florida case law and the Florida Standard Jury Instructions, “Culpable Negligence†is a course of conduct showing reckless disregard for human life, or for the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of conscious indifference to consequences, or which shows wantonness, recklessness, or a grossly careless disregard for the safety and welfare of others.

Under Section 784.05, Florida Statutes, the crime of Culpable Negligence consists of two elements:
(1) the accused exposed a person to personal injury or inflicted personal injury on that person, and
(2) the accused did so with “culpable negligence.†If the incident of Culpable Negligence involves a child gaining access to firearms (a third degree felony), it must also be shown that the accused stored or left the loaded firearm within the reach or easy access of the minor.​
So they charged him with something he could not be found guilty of and done so by the prosecutor because of his magical status.
So they charged him with something he could not be found guilty of and done so by the prosecutor because of his magical status.
Is it any wonder?
I'm reminded of the news report of the Los Angeles County Sheriff's Deputy Andrew Francis Wood ran over and killed Milton Olin Jr., (65) a former Napster executive and noted entertainment attorney.
The Deputy was looking away from the road to reply to a text message and according to "... evidence examined in this investigation shows that this tragic collision occurred as a result of Deputy Wood crossing into the bicycle lane." To prove a manslaughter charge the State would have had to prove that Deputy Wood's action of looking away from the road, leaving his lane, and crossing into the bicycle lane was negligent.

For any of us, such a charge would be a slam-dunk.

So, what did the L.A. County solicitor's office charge Deputy Woods with?
It wasn't for failing to pay attention to his driving.
It wasn't for leaving his lane of travel
It wasn't for crossing into the bicycle lane and colliding with a bicyclist

The Solicitor's Office declined to charge Deputy Wood with any of the above, finding that Wood acted lawfully because he was acting within the course and scope of his duties when he was typing.

So... let that be a lesson... cops Aren't responsible for running you over and killing you if they need to type something on a mobile device while driving. Because replying to a text message is more important than a citizen's life.
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FWIW, there's a laser-tag place in Cumming that has a "no firearms allowed" sign.

Now, I think they should allow carry by licensed adults who go there to watch their kids or grandkids play, or to bowl, or even play most video games.

But the idea of playing a live-action shooting game with laser guns AND carrying your own real gun... while you chase and shoot other paying customers... that scares me.

I hope nobody does this, and I can understand the rule of "no firearms" in such a situation.
I played laser tag at Stone Mountain Park running around shooting the toy gun, while my openly carried holstered real gun stayed on my hip. At no time did it jump out and shoot anyone. None of the workers there or the children seemed to be frightened.

It just wasn't that hard to know which gun was real, and to not touch my holstered gun, but I just must be a natural. ;-)
Bravo prosecutor. For once one of them actually does the right thing without having to be fought into it.

Nemo
Well, sometimes you just gotta believe. When dealing with cops and prosecutors most of the time you are disappointed.

Just like this time.

Nemo
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