Family gets settlement in wrongful death lawsuit!

Discussion in 'Up to the Minute' started by bakerprune64, Apr 13, 2006.

  1. bakerprune64

    bakerprune64 Former Member

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    I'm sorry that this kid died, but he was in the commission of a crime attempting to back up over a police officer. I don't care if it was 10 mph or 40 mph:furious:. What kind of message does this settlement send out to the rest of the juvenile thugs out there (or adult thugs for that matter?) Where was the mother's responsibilty for her son being out at 4 a.m. and steeling cars and leading police on a brief chase that caused his demise??

    http://www.nbc4.tv/news/8665469/detail.html
     
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  3. Opie

    Opie Well-Known Member

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    I think this sends a totally WRONG message. Completely agree with bakerprune64 on this one.
     
  4. lilpony

    lilpony New Member

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    Yep, I agree with you Bakerprune. Ridiculous isn't it? :furious:
     
  5. altruist1000

    altruist1000 New Member

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    Yet another reason that we should AT LEAST consider Professional Jurors.
     
  6. Details

    Details Former Member

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    Exactly. Happens all too often. The jurors feel sorry for the defendants, and rule in their favor based on emotion rather than what is right or wrong, legal or illegal.
     
  7. lisag

    lisag Former Member

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    I agree. This child was breaking the law and the officer felt he was in danger, what was he supposed to do? I am sorry that someone had to die, but there should have been no settlement.
     
  8. CyberLaw

    CyberLaw Former Member

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    Unfortunately, to be the voice of "legal" dissent.......

    Investigators estimated Brown was driving 10 to 12 mph when he scraped the passenger side of Garcia's cruiser, and 2 mph or less when Garcia -- standing to the side of the car, not directly behind it -- opened fire.

    Disagreeing with police Chief William Bratton, the Los Angeles Police Commission ruled in February that Officer Steven Garcia violated departmental rules and should face possible discipline for the shooting.

    Now if this car was going fast, aimed right towards the Officer and the car was intending to hit the Officer and kill him.....then the force may be deemed "justifable", but that is not the case.

    The Officer was standing beside the cruiser and the other car was going less then 2 mph when the Officer opened fire upon a child in a "enclosed" space going very slowly.

    Just a legal perspective.........taking all of the facts into play..............

    This was not a "good" shoot..........hence the settlement........

    BTW the "jury would have most likely" voted the same way......but it is more cost effective to avoid an "expensive lawsuit" and then leave the settlement up to the "emotion" of the jury which may have awarded the family much more then the city did in terms of a settlement. This is akin to shooting fish in a barrel.

    The Officer could have "easily" shot the tires out of the "extremely" slow moving car to stop the suspect, not fire 7-10 rounds to stop the driver of the slow moving vehicle.

    After all the Officer was beside the cruiser, not in it...........
     
  9. bakerprune64

    bakerprune64 Former Member

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    Thank you for your input CyberLaw. The glory of this board is that we can agree to disagree. I do value your feedback and if you look at it from an other angle, kind of makes you go:waitasec: But I still think the officer was justified, IMO. Have a great Day:)
     
  10. Details

    Details Former Member

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    If that's the case - then I'd tend to agree - that sounds like an unjustified shooting... although as always, it depends on a bit more info about if the kid was thought to be armed, how the rest of the chase had gone, etc.
     
  11. CyberLaw

    CyberLaw Former Member

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    Thank you, Bakersprune, it is sooooo refreshing not to be "bullied" when a person has a different opinion.

    I can see this from both sides, from the LE and the families.
     
  12. bakerprune64

    bakerprune64 Former Member

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    You are most welcome:)
     

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