Notice: Any comments made by me, are my own, and should not be construed to be those of anyone else, or any organization or association.

Wednesday, July 17, 2013

Using Deadly Force, On An Unarmed Person

Well, the criminal trial against "John Smith" is over. JS was accused of killing an unarmed 17 year old during a fight. While there is likely more we may never know, what we do know suggests to me that the Not Guilty verdict was the correct one.

In a very short version, and in MY evaluation of the information known to the public, here is what I believed to have happened:

JS's neighborhood has had a number of residential burglaries and thefts. JS's wife was even a witness to one neighbor's such "home invasion". JS became a Neighborhood Watch volunteer, to try help prevent such crimes, or to help get suspects arrested. And, for his personal protection, JS was legally armed with a licensed handgun.

One night, JS saw someone he did not know or recognize as a neighbor, who was walking in the rain, and seemed to be looking around. To JS, this person seemed suspicious and out of place, so he called the Police while he continued to observe the person.

The person, learned to be little "Jimmy Jones", a 6 ft+ black 17 year old, drew JS's attention. While JS was continuing to observe JJ, and talking to the Police on his cell-phone, JJ came back around to meet JS. JJ confronted JS, asking what his problem was, and quickly thereafter, JJ punched JS in the nose, knocking JS down, then got on top of JS, hitting JS in the face and slamming JS's head onto the concrete.

At some point, in what JS described as a fear for his life and/or serious bodily injury, and completely unable to stop the beating, JS pulled his gun and shot JJ, to death.

The jury found for the defense, as Not Guilty.

Now a few things come to my mind about this, and such matters.

1.  I have personally known a man, who loved fighting. He was strong as a bull, a tough fighter, and he loved beating people unconscious. He admitted to enjoying the feeling his victim's facial bones break under his fists. This man, MAIMED people. In the course of an interview with him, I told him I'd never fight him, and that if confronted by him, I'd just shoot him, because he's already told me he has maimed his victims in the past. Make no mistake, if confronted by this animal, I'd shoot him.

2.  I was reading some FBI statistics about Police Officers killed. In 2010, about 8% of those killed, were killed with their own guns. This means that in some way, they were overcome, and their gun was then available to the assailant. When a Police Officer goes down and is beaten in a confrontation, his gun is then open to be taken and used against him (or anyone else!). At some point, if a Police Officer feels he is losing a confrontation, thus losing control of his own weapon, he can, and should, shoot such an assailant.

3.  The above, should also apply to any legally armed civilian. And in the case of JS and JJ, once JS was down, and in his case, feeling he was in real trouble of serious bodily injury or death, he used his firearm to end the battle.

4.  Aside from the first guy I spoke of, I have also know, and such things have been reported all over the nation, that some people, when their victim is down and defenseless, will continue to beat them to the point of very serious injury or death. Last year, a returning Marine was beaten to death that way.
In the NY Bronx, as just one example, a 61 year old man was mugged, and beaten to death by two people. Also in the Bronx, a 59 year old man was robbed of $20, and beaten to death. In neither case, was a weapon used.

At what point in such an confrontation, does one then fear serious injury or death? Such a beating, even without a weapon, is a felony in most (or all) states, and one CAN use deadly force to stop a felony assault. Unarmed, is not the same as being non-deadly. In about 5-6% of murders in the US, the reported weapons were hands and feet.

I expect some to recall observing a school or neighborhood fight, where one of the "fighters" went down, and the fight was over. One person won, and one loses. However, I know of fights (as well as read about such fights) where one person was down-and-out, and the other person just kept pummeling them. At that point, it ceased to be "mutual combat", and became a felony assault. If engaged in a fight with anyone vicious enough to beat you when you're down and no longer able to defend yourself, you become completely subject to the other person's will. And if that will is seriously injures you, or beats you to death, what could you do about it?

"Fair fights", can no longer be depended on. Too many incidents of "beat-downs" occur, and anyone finding themselves in a situation where they are no longer able to defend against a stronger opponent, one who continues to beat them, has every expectation and fear of death or serious bodily injury.

So you've been rendered defenseless, what can you do? In many cases, nothing but pray you will live through it. In the case of JS and JJ, JS resorted to his legally carried handgun. It could be, that JJ would have stopped the beating at some point. When? At what point, would JS have never been able to defend against a vicious or deadly beat-down? How long should JS have waited? Would he soon have been rendered totally defenseless or unconscious? Would he have further head injuries, causing brain injury? Would anyone is such a position, pinned down, having their head battered against the sidewalk and unable to defend against the stronger person, resort to a weapon? Unless you're there, you can't be sure. But I can tell you that I would. I would NOT allow anyone to put me into a hospital, or a coffin.

Side-note: "Profiling" IS appropriate in may cases. IF those home-invasions and thefts were committed mostly by young males of a particular group, then anyone of that group would be observed long enough to see if they were a possible offender. "Racial" profiling - that is profiling only because of a persons race, may be wrong. But profiling a person of a race, when that "race" is predominately involved in crime, is NOT "racial profiling". That is just profiling, in which race plays a part of the descriptors of offenders.


Friday, July 12, 2013

Rushing To Judgement

We ALL do it. Something happens that in some way touches us emotionally or some other sense of identifying with the situation, and we take a position before we know all the details.

I know I have done that, only to later back away from my first perspective after learning more details. Even as a Law Enforcement Officer, I have found myself in a position to assess a situation one way, only to reverse it later as more facts are learned. (Victims, are not always "victims".)

But I have a real problem with President Obama, and his rush to judgment. If anything, HE should never rush to judgment. His judgment affects the lives and welfare of all our nation's citizens, in one way or another.

Take the case with the Cambridge (MA) Police Officer (who is white) and the Harvard College Professor Louis Gates (who is black). While opinions vary of what the Police should or should not have done, Obama came out of the gate pretty early on, stating, "...the Cambridge police acted stupidly." Obama took a side, and ... sorry ... it APPEARS that Obama took the side of a Black man, over a White Cop, and all before the investigation was fully completed. In my view, Obama had NO business stepping into that situation, and choosing a side. Particularly in a "local" police matter.
(see: http://www.boston.com/news/politics/politicalintelligence/2009/07/obama_cambridge.html )

Then, we have the death of a 17 year old unarmed Black kid (Trayvon Martin), who was shot by a Hispanic (George Zimmerman) "neighborhood watchman" during a scuffle. This happened on Feb. 26, 2012. On Mar. 23, 2012, while commenting about the case, Obama said, "If I had a son, he'd look like Trayvon." Obama, in some attempt to identify with the Black community, says such thing, and takes a side before all the facts are known ... and even before the trial (which, by the way, is going on as I type this, on July 12, 2013!). Obama had NO business commenting to such a degree, and to choose a side in a pending criminal investigation. NONE!
(see: http://www.huffingtonpost.com/2012/03/23/obama-trayvon-martin_n_1375083.html )

Fact is, and while NOT a reason to shoot anyone, Trayvon Martin is suspected of being a burglar, a pot-smoker by his own photos, and may have been in procession (illegal, as he was 17?) of a handgun in the past. Really President Obama? THIS is the type son you would have had? Really?

Furthermore, from THIS former Law Enforcement Officer's viewpoint, while George Zimmerman will be judged by a jury for his use-of-force, had Martin kept walking, the police would have arrived to check on him. But he didn't. He went back and confronted Zimmerman. Zimmerman had a right and a purpose for being in that apartment complex. Martin was passing through. Zimmerman may have been following Martin, but Martin was not "likely" in fear, or he would never have come back around to confront Zimmerman. A person in fear, unless there is no exit, will head for an exit from the danger, real or perceived. All that is for the court case to unravel, but point is .. Obama should never have commented in any way to take a side.

As for Professor Gates, had he simply stayed calm, and provided the identification and verification the Officer requested, that matter would never escalated. But instead, the Professor took immediate offense to being questioned, and referred to the Officer with "your mama", which jumped to the racial right away. The Professor was wrong. But Obama took a side.

In any case, Obama had NO business, as THE President of the United States, to make such comments on the Cambridge or Martin matter!  In both cases, he rushed to judgment. Hardly presidential. And to me .... to ME .... it smacks more of taking a racial side, than an objective one.

Obama, to my dismay, IS our President, and with that, should be the President to ALL Americans, and should hold his tongue until all the facts are out. Even then, local matter should be left to local people, and for any President to comment in a way that takes one side over another, is just wrong.

The rest of us may well keep jumping to early conclusions, but for the most part, such rushing to judgments do not impact a nation.


Thursday, July 4, 2013

Our Pledge of Allegiance

The Pledge of Allegiance and the Flag, and what it means to me -

What do those things mean to you? What do they mean to those who come here, legally or not? I don't know those answers, but I can tell you what they mean to me.

Our Pledge of Allegiance is an interesting oath -

“I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

I see this oath, not one to take precedence over God, or a pledge to obey any "god", but as an oath to keep an allegiance to America over all other nations. "America" and the "Flag" represents ALL citizens of this great nation. It was never meant to me to be loyal to any one political party, President, or other entity. America - What a wonderful and beautiful word - is a word that, to me, stands for freedom. As too does the "Flag of The United State of America". And our Pledge of Allegiance is TO America.

As for the "under God" part... I've never felt that meant I must believe in "God", or that I must be a Christian follower, but is a simple acknowledgment that America was founded on the Christian beliefs of conduct toward our fellow man. There are many, many quotes from texts and letters of our Founding Fathers that prove this out. It is a FACT that one of the guiding forces behind their drive toward a new nation of freedom, was their Christian beliefs. And, at no time in modern history, has any man, woman, or child, been denied justice and/or freedom, because he or she wasn't a Christian or didn't believe in God, or was a follower of any other religion.

I pass my thoughts on - and forgive me for being so bold to do so and think you might value them - so that anyone, citizen, or wannabe citizen, might consider them. IF you choose to live here (excluding legal visitors), if you want to live here as a free citizen of The United States of America, as an American, then I suggest that you take an allegiance to America above ALL other countries. Otherwise, what ever country anyone wishes to hold some allegiance to, go there and live.

This IS America. The citizens of The United States of America have historically invited people from all over the world to come here and share in our freedoms and opportunities. But hear this - IF any one's true allegiance is to ANY other country, don't come here, and if you are here already, don't stay. Forget politics. Forget foreign policy when it comes to my point here. Make those changes from within, as active and participating citizens. But to hold ANY allegiance to any other country, is UN-American, and such a person doesn't belong here.

As for flying the Flag - Untold hundreds of thousands of men and women fought, and died, for this country and the flag they fought under. Please, what ever your protest, don't burn our Flag or fly her upside down. Those who served before, those serving now, and those who will serve tomorrow, deserve to have the Flag of their country treated in a respectful way. Burn all the likenesses of elephants and donkeys you want, but not our Flag. Yes, a citizen would be free to do so. But having a "right" to do it, doesn't make it "right" thing to do. It isn't.

This is America, the United States of America. While I won't say, "Like it or leave it", I will say, "Pledge allegiance to the United States of America above all other nations, or leave it." There are things that may need changing. We're not perfect by any measure, but our Pledge, should be looked at as the constant drive to be better, and to be all the Pledge implies. While there may be things you don't agree with or don't like, I'm fine with that, so long as you get involved to help make it better. But if anyone holds ANY allegiance to another country over America, LEAVE NOW. If you want to be a free American citizen, then come on in and help us be better, and take the Pledge of Allegiance to The United States of America, and proudly fly our Red, White & Blue Star Spangled Banner.

I pledge MY allegiance to MY country, America. I hate the politics, but I love my country. Land of the free. Home of the brave.

Happy 4th of July!