DA Charges Albuquerque Cops With Murder, Gets Locked Out Of New Police Shooting Investigation

from the not-every-killing-is-justifiable dept

Thu, Jan 15th 2015 2:38pm — Tim Cushing

Given what has happened in recent months, with two grand juries returning no bills in two controversial officer-related deaths -- Michael Brown in Ferguson, MO and Eric Garner in New York City -- it's almost unbelievable to read the following:

The district attorney in Albuquerque has charged two police officers on single counts of open murder—meaning they don't know yet what degree of killing the state intends to prove at trial—in connection with the killing of homeless camper James Boyd, caught on body camera last April.

The incident was captured on officers' body cams. What started out as a homeless man (James Boyd) being rousted for illegal camping "escalated" into him being shot multiple times and dying at the scene. "Escalated" is in quotes because the man had agreed to surrender to the Albuquerque police officers, who for whatever reason decided to release a dog, hit him with a concussion grenade and then fire several bullets at him.

The officers who shot him (Dominique Perez and Keith Sandy -- the latter of which was allowed to retire after the incident) claimed they were forced to because the man produced two knives.

In a statement sent Monday morning, Sandy's attorney Sam Bregman claimed the charges are unjustified and that Sandy, "had not only the right, but the duty to defend a fellow officer from a mentally unstable, violent man wielding two knives. Keith did nothing wrong. To the contrary, he followed his training and probably saved his fellow officer's life." Bregman did not specify which of the four other officers who were confronting Boyd at the end of a four-hour standoff was saved.

The attorney for Perez, Luis Robles, also pointed to the judgement calls police officers make during critical moments. He told News 13 in a statement, "This is truly a shame. Throughout his career, Officer Perez has been called upon to make life-altering decisions while protecting Albuquerque citizens and his fellow officers. And having made one of those decisions, Officer Perez now faces an open count of murder. Regardless, I am confident that the facts will vindicate Officer Perez's actions in this case."

Of course, the threat Boyd presented was also 20-30 feet away uphill and the officers had no shortage of non-lethal options at their disposal. But they chose to take the "hail of bullets" route, killing Boyd essentially for camping without a permit.

Being charged with murder is going to cut into former Detective Sandy's free time. His fortuitious retirement allowed him to bypass internal accountability as well as ensuring a steady income for the rest of his life.

News 13 has learned Sandy had accrued just shy of 19 years service credit from his time with both NMSP and APD. Under his pension plan, he’s allowed to buy up to a year of “airtime” that adds to that service time. That allows Sandy to get to a magic number, 20 years of service credit.

After 20 years of service, APD officers can retire and get about 70 percent of their pay in an annual pension. A year less, and Sandy would have to wait until he’s 61 to start collecting that money, likely costing him at least a million dollars.

News 13 has also learned Sandy had recently been ordered to sit down with internal affairs investigators. Retiring allows him to avoid that interview.

The DA's unusual move hasn't made here any friends within the Albuquerque PD (which was recently slammed by the DOJ for its habitual use of excessive force). Kari Brandenburg -- and her office -- are now persona non grata at the PD.

A top prosecutor for District Attorney Kari Brandenburg’s office was shut out of a briefing after a fatal police shooting near San Mateo and Constitution NE on Tuesday evening, Brandenburg told KRQE News 13.

Police officials and others were gathering to discuss the most recent developments in the investigation a few hours after the shooting, Brandenburg said. Chief Deputy DA Sylvia Martinez attempted to join the briefing, but Deputy City Attorney Kathryn Levy would not let Martinez attend.

At least the PD was upfront about why it was suddenly locking out its former best friends.

Levy invoked the charges in barring Martinez from the briefing, according to Brandenburg.

“Sylvia was told that our office has a conflict of interest because we charged the officers,” she said.

This frosty move violates 2004 written agreement between the PD and DA's office on the investigation of police shootings -- one that was included as part of the reforms handed down by the DOJ after its 18-month investigation. But that's what happens to anyone who doesn't treat cops as above reproach (or punishment), even entities that are nominally on the "same team," like prosecutors.

Notably, it's an open murder charge, meaning there's lots of leeway for the defense. It will also be a tough sell. The prosecutors will need to prove that the officers deliberately acted to end James Boyd's life, as well as surmount the additional protections afforded officers who kill citizens in the line of duty. New Mexico does have a grand jury process so it's notable that it has been bypassed for these charges. The DA's office claims to have seen something in the evidence that led it to move forward with murder charges, and it possibly felt that dumping into a grand jury's hands would either be unpopular or less likely to result in an indictment. Either way, it seems to indicate the DA's office knows how screwed up the grand jury system is, what with its "ham sandwich, unless it's a police officer" track record.

Whatever's contained in that evidence must be pretty damning. DA's offices are rarely interested in prosecuting police officers since they're both on the law enforcement side of the equation. No doubt the noticeable drop in cooperation from law enforcement, should they move forward with charges, factors into the rarity of these situations as well.

While it would be tempting to see that as an indicator that more accountability is on the way, it's far more likely that this will remain the exception to rule. But it is good to see someone attacking the argument that officer safety is paramount, even if from an oblique angle. Calling Boyd's shooting "murder" makes the statement that the cops who shot him had no interest in simply neutralizing the threat. Instead, they opened fire and kept firing until Boyd was dead.

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Filed Under: albuquerque, investigation, james boyd, police

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Anon E. Mous (profile), 15 Jan 2015 @ 2:51pm

Ferguson round three. Law enforcement agencies sure seem to think they are above any laws they swore an oath to uphold.

It would seem more than ever that Law Enforcement agencies from the federal, to the state, to the cities and towns feel empowered to break any laws they see fir with impunity and there will be no consequences at all to them.

And Law enforcement say's it is the citizens who are out of control and have no respect for them. I disagree, it is law enforcement who have no respect for the citizens nor the laws they swore and oath to uphold.
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David, 15 Jan 2015 @ 3:02pm

A few details
One of the officers announced during the approach that he would shoot the camper in his genitals.

After having felled the camper, the shooter announced "booyah!" on the recording.

The lethal bullets were fired into the back of the camper, faced away from the policemen and having yielded. After the camper was dead, the policemen perfunctorily engaged the non-lethal subduement options (beanbags and a dog) on the corpse, presumably in order to claim that they had been tried first. No attempt to administer medical aid was performed.

It is really appalling that the camera coverage was not properly deleted and the District Attorney bypassed the regular procedures for diverting accountability.

It's going to look really bad to sweep this under the rug now and so I fully expect that this District Attorney can kiss his career prospects goodbye.

That is the one thing I feel reasonably confident about in the light of the available evidence and the U.S. justice system's track record.
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jupiterkansas (profile), 15 Jan 2015 @ 3:06pm

Knives or not, that man was murdered.
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Anonymous Anonymous Coward, 15 Jan 2015 @ 3:09pm

DOJ???????
How is it that the Albuquerque Police Department are operating under DOJ scrutiny does not make me feel any better?
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Manabi (profile), 15 Jan 2015 @ 3:12pm

This shit is why people don't respect cops anymore
It's pretty sad that they don't seem to understand that the reason people don't respect them is because they do little to nothing to earn that respect nowadays. Instead it's all "we're above the law" and "respect my authority!"

And then we get things like locking the DA out for daring to do their job and charge some cops with murder. That's just being childish and petulant. In a sane world they'd be fired for refusing to do part of their job.

I respect this DA though for being willing to do their job even though they had to know the cops would react like spoiled toddlers.
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ishould (profile), 15 Jan 2015 @ 3:18pm

I counted 7 shots
All while he was not facing the officers. Seems pretty intentional, unless they expected him to live after 7 shots to the back
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Binko Barnes (profile), 15 Jan 2015 @ 3:24pm

None of this shit can happen without the Police Unions backing up the cops, organizing the other cops to toe the party line, providing legal aid to misbehaving cops and generally acting like the mafia running a para-military gang of thugs.

Time for some serious thought about ending police unions and letting each cop hold his job independently under civilian control. Maybe then the mythical "good cops" will make themselves known and start helping weed out the "bad apples".
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Scote, 15 Jan 2015 @ 3:38pm

"“Sylvia was told that our office has a conflict of interest because we charged the officers,” she said."

Right...because if that is the standard then the DA *always* has a conflict of interest when prosecuting civilians, because she's prosecuted civilians in the past. Of course this logic when used consistently also means that cops have a conflict of interest because they've let cops *off* in the past - but, of course, cop logic only works one way, in their favor.
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Anonymous Coward, 15 Jan 2015 @ 3:39pm

Re:
"Law enforcement agencies sure seem to think they are above any laws they swore an oath to uphold."

From what I've seen, they usually are.
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Anonymous Coward, 15 Jan 2015 @ 3:41pm

Re: This shit is why people don't respect cops anymore
This is why people have started cheering when cops are killed.
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Anon E. Mous (profile), 15 Jan 2015 @ 3:52pm

Re: Re:
sad, but very true
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Anonymous Coward, 15 Jan 2015 @ 5:13pm

It seems like barring a DA's office from being a part of such an investigation should result in an automatic obstruction of justice charge. If they're not letting the DA in, then they should have a duty to get an alternative outside state lawyer involved such as the state's AG office. I know the checks and balances are a farce, but you have to at least pay them lip service before sweeping it under the rug.
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Anonymous Coward, 15 Jan 2015 @ 5:19pm

"To the contrary, he followed his training and probably saved his fellow officer's life."

"Probably" sounds a lot like "maybe" which opens the way for a trial. Maybe he was right but maybe he wasn't, let the jury decide. If they decide it was justified to shoot a guy wielding two knifes who was standing some feet away while being threatend by a dog and various guns then so be it but in my opinion that question must be allowed first. And the best way to answer the question is in a trial where everyone has to lay out the facts.
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Anonymous Coward, 15 Jan 2015 @ 5:29pm

Re: This shit is why people don't respect cops anymore
Instead it's all "we're above the law" and "respect my authority!"
If it were just that then I'd say ok but they go a step further. Instead of just saying "respect my authority" they threaten you with physical harm or death aka "don't make me feel threatend". The worst part is that they act this way all around the world.
I got stopped by a boarder patrol on the swiss-german boarder and while they were searching me I asked if I should be of help and open a pocket (the officer had trouble to open it) in a very friendly way "may I help you opening that pocket?". The response of his partner was "shut up, do what my partner says or I will beat the shit out of you" How can anyone respect people that act this way?
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Anonymous Coward, 15 Jan 2015 @ 5:56pm

Good cops who let bad cops get away with stuff like this are bad cops.
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Anonymous Coward, 15 Jan 2015 @ 6:06pm

Re:
Exactly. People pretend like you can't blame all the good cops for not stepping up and being boy scouts, but when they ignore the unlawful actions of bad cops, they are actively violating not only the law but also their own sworn oaths. If you can't trust a good cop to do the right thing when other cops are involved, then you can't trust them and they're not a good cop.
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Guardian, 15 Jan 2015 @ 6:11pm

thats the way to teach em to be homeless
damn beggers....

wow what a sick bunch a pigs
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Anonymous Coward, 15 Jan 2015 @ 6:27pm

This is exactly why people are starting to protest in the streets. Law enforcement has become a protection racket for cops. Hardly a month, sometimes a week, goes by without the cops having shot someone, usually under questionable circumstances.

No one's loved ones are safe anymore. To see it in play look at NYC, where cops are throwing a temper tantrum over the mayor's supposedly agenda of being against them.

I feel that much of this nation's problems have their roots in corporate oligarchy. We seem to be running head long into the fascist state as fast as our government can take us. Cops will soon be known by some silly name such as Homeland Defenders or some such nonsense.
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notinABQanymore, 15 Jan 2015 @ 7:10pm

less than lethal force
The sad part is that the only reason APD even has "less than lethal" options is because they killed so many people in the late 80's and early 90's there was a huge outcry about it.
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got_runs? (profile), 15 Jan 2015 @ 9:08pm

>_
Don't be surprised when the DA is found dead.
The National Guard will be needed to disband that department.
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Anonymous Coward, 15 Jan 2015 @ 10:01pm

Since the Albuquerque police department hires its own attorneys --separate from and adversarial to the DA's office-- then would it not be fitting for the DA to hire it's own private police force -- separate from and adversarial to the APD?

That way, anyone who tries to interfere with the DA can then be arrested and charged with obstruction, (even when the APD refuse to do it themselves).
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Anonymous Coward, 15 Jan 2015 @ 10:30pm

I like how they sic the dog and handcuff the corpse for good measure. I guess that helps avoid the zombie threat.
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Mars, 15 Jan 2015 @ 11:26pm

Boyd did not die at the scene
Boyd did not die at the scene. He died about 6 hours later at the UNM Hospital.

http://www.scribd.com/doc/227095626/Boyd-Autopsy
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Anonymous Coward, 15 Jan 2015 @ 11:28pm

Re: DOJ???????
Don't be so hard on the DOJ. After all, look at all they've done for Cleveland.
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Anonymous Coward, 15 Jan 2015 @ 11:33pm

Re: A few details
Then that would leave only one option when interacting with the police: overwhelming and hyperaggressive force as a pre-emptive self-defense mecahnism for anyone in Alberquerque.

And that isn't good for public relations.
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Anonymous Coward, 16 Jan 2015 @ 12:02am

Re: Boyd did not die at the scene
Oh. I thought he was dead because the dog went up and thrashed his leg and he didn't even twitch a muscle. Then I saw him shot multiple times with a shotgun in the buttocks/groin region. He didn't flinch for that either.

After further reading. I discovered that Boyd was actually shot in the back 6 times with assault rifles when he turned away from the officers. Then Boyd is heard pleading, “Please don’t hurt me anymore. I can’t move,”.

It appears at that point, some of the bullets hit Boyd's spinal cord and he was paralyzed. That's why he didn't flinch when the dog thrashing him and shotgun rounds were hitting him.

It all makes sense now how he could remain perfectly still through all that.

http://www.abqjournal.com/524987/abqnewsseeker/da-to-seek-murder-charges-against-officers-in-james-b oyd-shooting.html
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That One Guy (profile), 16 Jan 2015 @ 12:19am

Re: Boyd did not die at the scene
Wait, let me guess, the coroner found that his death was completely unrelated to anything the police did, and it was pure coincidence that his death happened to occur shortly after his 'interaction' with the police.

Or did they actually manage to find an honest, unbiased coroner to do the autopsy for once?
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me, 16 Jan 2015 @ 3:47am

All the PD there is proving
Is that its a criminal gang with badges. Just like the NYPD and the LAPD and Chicago.
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Padpaw (profile), 16 Jan 2015 @ 3:51am

Re: Re: Boyd did not die at the scene
he just happened to die at the same time he was pumped full of lead of a completely unrelated circumstance
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me, 16 Jan 2015 @ 3:56am

Re: Nope
Its just more level of Government corruption, the Cops have found their own whore-lobbyists and are hiding behind union politics to get away with gangsterism.
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David, 16 Jan 2015 @ 4:16am

Re: Re: A few details
That will work well.

You can either change your country or leave it.

"Oh, I'm not the target group" is not a choice. Once everyone else has been driven away or executed, you will be a target group.
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Matthew A. Sawtell, 16 Jan 2015 @ 6:16am

From the looks of it, the cams cleared the cops...
... given that without them, there would have been cries of 'planting weapons on an unarmed man'. As for the rest of the issues... let's face it - as much as people was to think the best, the worse can always happen:

http://www.azcentral.com/story/news/local/arizona/2015/01/13/records-flagstaff-officer-shot-s earched-suspect/21526819/

http://countercurrentnews.com/2015/01/the-man-responsible-for-the-dashcam-video-that-changed-everyth ing-has-been-executed/

So... for all the screaming about police, anyone here wants to be an officer of the law?
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Anonymous Coward, 16 Jan 2015 @ 6:25am

Re:
The adage is, "a few bad apples SPOIL THE BUNCH."

Don't misquote it, there is no such thing as a good cop. A cop who doesn't speak up when a bad cop does wrong is by default a bad cop as well. The bunch is spoiled. Time to shut down the entire system and start over with something new and 100% all new people.
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Anonymous Coward, 16 Jan 2015 @ 6:25am

Re:
The adage is, "a few bad apples SPOIL THE BUNCH."

Don't misquote it, there is no such thing as a good cop. A cop who doesn't speak up when a bad cop does wrong is by default a bad cop as well. The bunch is spoiled. Time to shut down the entire system and start over with something new and 100% all new people.
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Anonymous Coward, 16 Jan 2015 @ 7:17am

The fact that a cop can work for just 20 years and then get 70% of his paycheck (at the time he retires) for the rest of his life is just amazing. Especially since nothing prevents them from getting other jobs after "retiring." It shows that a lot of these pensions aren't meant for old people who after working their whole life want a few years to be able to relax, but rather people just leeching as much money off taxpayers as possible.
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John Fenderson (profile), 16 Jan 2015 @ 7:59am

Re: From the looks of it, the cams cleared the cops...
"So... for all the screaming about police, anyone here wants to be an officer of the law?"

No, because as soon as I started making a stink about other cops misbehaving, I'd be punished by the other officers. What would be the point?
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Anonymous Coward, 16 Jan 2015 @ 8:47am

Re:
that why its appears we have no good cops!
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Anonymous Coward, 16 Jan 2015 @ 8:49am

Re: (pensions)
20 years ago I would have no issue with that. Today I'm in favor of requiring forfeiture of pension for malfeasance or wrongdoing. And definately forfeiture if convicted of a crime while on duty.
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Anonymous Coward, 16 Jan 2015 @ 8:51am

Re: Re: Boyd did not die at the scene
f'n disgusting cops!
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John Fenderson (profile), 16 Jan 2015 @ 9:06am

Re: Re: (pensions)
But you contribute your own money to the pension fund while you're working. I wouldn't be OK with having to forfeit the money you put in as a result of unrelated misbehavior. As long as the worker can get their own contributions back out, I have no problem with denying further pension benefits.
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Matthew A. Sawtell, 16 Jan 2015 @ 9:46am

Re: Re: From the looks of it, the cams cleared the cops...
Nice attempt to portray yourself as Frank Serpico...

http://www.politico.com/magazine/story/2014/10/the-police-are-still-out-of-control-112160. html

... but the issue remains, if change is to occur, who is going to do it?

For those that are reading this article and threaded discussion with the access to the data, I pose a question: What is the breakdown of those graduating with degrees in law enforcement - in terms of color and race?
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John Fenderson (profile), 16 Jan 2015 @ 10:03am

Re: Re: Re: From the looks of it, the cams cleared the cops...
"but the issue remains, if change is to occur, who is going to do it?"

It can only be changed by the people themselves. Police officers in general are obviously unwilling to do it, and police administration appears to be even more unwilling.
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Research, 16 Jan 2015 @ 11:33am

Re: From the looks of it, the cams cleared the cops...
Here I did the research for you.

http://www.bls.gov/iif/oshwc/cfoi/cfch0012.pdf

http://www.nleomf.org/facts/officer-fatalities-dat a/causes.html

Since they have a lower fatality rate than a ton of other jobs, yeah sure I would except I'm not dumb enough. Nice of you to cite 2 extreme examples of something but that in no way makes it the norm. Meanwhile police brutality and questionable killing of suspects IS in fact the norm.
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Anonymous Coward, 16 Jan 2015 @ 2:23pm

PIG did stand fo Pride Integrity and Guts, but like a cigar, sometimes a pig is just a pig.
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Uriel-238 (profile), 16 Jan 2015 @ 4:00pm

The solution is obvious...
The police department should just approach DA Martinez while in the middle of her lunch break and gun her down. It's not like any other DA will attempt tp prosecute, and the police are aboce reproach.

Or theres the more classical method of slaying Martinez' family while they sleep and burning their house down. That should clarify to all what message that the APD is trying to say.
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Matthew A. Sawtell, 16 Jan 2015 @ 4:34pm

Re: Re: Re: Re: From the looks of it, the cams cleared the cops...
I have to call 'Bullshyte' on the 'in general' comment...

http://www.policeone.com/police-jobs-and-careers/articles/7953294-Is-America-ready-for-the -true-cost-of-police-reform/

... but I do agree about change coming from very people that hire police to keep the streets safe. It is one the to whine about issues when voter turn out is less than 30%, it is another to expect change when voter turn out is above 85%.
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Matthew A. Sawtell, 16 Jan 2015 @ 4:39pm

Re: The solution is obvious...
If that was a joke, it was not funny. If that is your true mindset... {facepalm}
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Uriel-238 (profile), 16 Jan 2015 @ 5:15pm

History is full of...
...examples of folk for whom that was the mindset. For some, it still is.

And history is scant of examples of those willing to relinquish power voluntarily, without first bringing its full force to bear.

In this case, the APD is already behaving like a classic cadre of mobsters. Why not go the full monty?
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Matthew A. Sawtell, 17 Jan 2015 @ 5:02am

Re: Re: From the looks of it, the cams cleared the cops...
Hm... I asked about recruitment figures, and you provide this? Nice try, but no cigar.

Care to try again?
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Matthew A. Sawtell, 17 Jan 2015 @ 5:16am

Re: Re: From the looks of it, the cams cleared the cops...
As for the comment, "I'm not dumb enough," I can only say that it, along with other remarks in this thread and others in other corners of the Internet, only seem to reinforce a self-fulfilling prophecy.

Then again it has always been amusing to me to watch people, who treat the places they live like 3rd world F-holes, complain that they were treated as living in a 3rd World F-Hole.
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Douche bag, 17 Jan 2015 @ 12:37pm

murder
If Keith Sandy murdered my brother he would be much safer in prison.
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Socrates, 17 Jan 2015 @ 2:43pm

Target group
"Oh, I'm not the target group" is not a choice.

But you can be "sophisticated about the details"

You can choose to be in the:
- stationary target group
- moving target group
- long range target group
- sign holding target group
- sleeping at home target group
and so on.

Don't come here and say you lack choice!
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John Fenderson (profile), 19 Jan 2015 @ 9:58am

Re: Re: Re: Re: Re: From the looks of it, the cams cleared the cops...
"I have to call 'Bullshyte' on the 'in general' comment"

While I admit I have no study to cite (I haven't looked), it seems obviously true to me. If it weren't true, then we would see good cops actually condemning bad cops rather than defending them.
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John Fenderson (profile), 19 Jan 2015 @ 10:00am

Re: Re: Re: Re: Re: From the looks of it, the cams cleared the cops...
Oh, and that article is a very interesting list of demands, but neatly sidesteps the kind of reform we're talking about here: getting the cops to stop intentionally abusing their power.
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Matthew A. Sawtell, 20 Jan 2015 @ 7:46am

Re: History is full of...
{double facepalm} So... you are saying it would be 'alright' for the police to shoot the DA in broad daylight?
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Matthew A. Sawtell, 20 Jan 2015 @ 7:49am

Re: Re: Re: Re: Re: Re: From the looks of it, the cams cleared the cops...
What can I say, came to play. As for good cops, so Frank Serpico does not count?
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Matthew A. Sawtell, 20 Jan 2015 @ 7:53am

Re: Re: Re: Re: Re: Re: From the looks of it, the cams cleared the cops...
Much like politicans, and all other 'complex processes'... with regular observation, maintenance, and scheduled replacements - instead of 'deferred maintenance' until something pisses off too many people not to be noticed.
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John Fenderson (profile), 20 Jan 2015 @ 10:01am

Re: Re: Re: Re: Re: Re: Re: From the looks of it, the cams cleared the cops...
One cop from 40 years ago doesn't count, no. What we need is for most cops (or at the very least a sizable minority of them) to be like Serpico was.
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Uriel-238 (profile), 20 Jan 2015 @ 11:45am

Kinda Joker / Comedian humor.
So... you are saying it would be 'alright' for the police to shoot the DA in broad daylight?

By alright if you mean morally acceptable to me personally? Of course not. I once believed we lived in a civilized society, and am rather outraged that injustice is prevalent.

If by alright you mean they could do it and contain the consequences so that no-one saw jailtime or even required a career change (other than the hapless DA). Likely, yes.

Regarding my original comment, my point was that under our prior, more nave pretenses, my suggestion would have been obviously a joke, and funny on account of it being outrageous. And in the current situation it's not, because that sort of thing might actually happen should individuals within our DoJ become more aware of the amount of latitude they have. J. Edgar Hoover might not kill a DA in open daylight, but he would arrange a hit by dark of night, and burn houses down to insure a message was sent.

So it's wasn't funny as an absurdist thing (which it should have been), but as a the sort of notion that's too close to truth to bear, so we can only laugh at it to stop ourselves from crying or quaking in our work shoes.

Of course, now I've explained the joke, which ruins the humor.
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