the adult male raised the long gun towards the officers get ready please up police in Anchorage Alaska shot and killed this guy Christopher handy this was the press conference that they held afterwards where they informed the public that they shot Mr handy because he had a gun and he raised the gun towards them so they fired the adult M raised the long gun towards the officers but then Mr Handy's neighbors produced surveillance footage that showed that to be a lie that then caused the Anchorage police to release the body cam footage that corroborates the surveillance footage showing that he never raised the gun does that matter if he did not raise the gun were the police officers Justified under the constitution in using deadly force against Mr handy and I'm going to answer that for you and it involves another shooting jop it hey watch out I'm gon to shoot him watch out watch out get out of the way where some new case law actually just dropped a couple of months ago also there are additional problems going on in Alaska including the fact that they just shot and killed a little girl there before we get to the issue of whether the police in Anchorage Alaska can just just shoot somebody for being in possession of a weapon that they did not raise towards the officers a quick word from our sponsor today listen nobody is safe from the tyranny of our federal government look at the video that I just posted a few weeks ago showing the DEA in TSA seizing perfectly legal cash from innocent Airline Travelers in The Last 5 Years alone 15,000 individuals have been wrongfully detained under the guise of National Security the Department of Justice has had to settle more than $1.5 billion in lawsuits for civil rights violations and now this same abuse of power is affecting our health freedoms driven by none other than the FDA which is trying to reclassify nmn supplements as a drug and this is not because nmn is unsafe far from it that's why nmn from black Force supplements is a 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disturbance dispatch had received calls that an adult male was actively assaulting an adult female in one of the apartment units this is the second time I'm calling today okay um earlier tonight was probably about 5 or 7 I'm not sure she actually came over and asked me to call this time she didn't I just hear her yelling you know can you please stop he I think he's drunk he was sleeping he woke back up and now they're fighting again okay know if it's a physical it usually is okay just saying it usually is dispatch received updates then that 34-year-old Christopher handy had been walking in and out of the apartment complex with a long gun and now appeared to be waiting outside for officers to arrive calling again the guy that I was calling about that was in the domestic violence is actually at the end of the driveway he took his black shirt off threw it on the ground and I believe he's holding his rifle now waiting for the cops to show up officers were further advised by Dispatch that the armed suspect had gone back inside of the residence where the disturbance had occurred they got out of their vehicles they assembled into two contact teams as they approached the apartment complex then Mr handy the subject came out of the residence still armed with the long gun the police claimed that the subject disregarded commands made by the officers to drop the weapon and to surrender as he continued to advance this resulted then in four police officers discharging their weapons striking Mr handy in the upper body get ready up don't move do not move cease fire cease fire cease fire hey we're moving up to hey on me on me anguish police coming inside as per Anchorage Police Department policy these police officers were placed on four days of administrative leave the state office of special prosecutions the OSP reviewed the officer's use of force and determined that it was justified now that is their latest statement but their first statement when the shooting first happened was a little bit different today at 2:13 a.m. Anchorage Police Department M shift officers responded to the 7100 block of barefoot Drive regarding a disturbance dispatch received a call of a disturbance happening in one of the apartments between an adult male and an adult female as officers were on their way they received further information that the involved male had left the residents and gone outside the apartment complex with the long gun several officers arrived and formed two approach teams as they Advanced towards the apartment complex on foot the adult M raised the long gun towards the officers four officers discharged their weapons striking the adult male once in the upper body at least once in the upper body first a was imately rendered by officers and subsequently by Anchorage fire department when they arrived ultimately the mail was declared deceased on scene no one else was injured in this incident per policy the state's office of special prosecutions will review the officer's use of force and determine whether it was justified once that has been completed APD Internal Affairs will review the officer's actions to confirm whether there was any violation of policy as per AP practice the officers will be placed on 4 days of administ leave their names will be released publicly 72 hours after the incident once office of special prosecutions has completed their investigation their findings will be made available for the public to review in their press conference they said that the officers approached the apartment in two teams and that Mr handy raised a long gun towards the officers before they fired their guns at him but then this surveillance video serviced and it was sent to Alaska's news source whom requested an interview with their Anchorage police and they pointed out that the surveillance video does not appear to show Handy raising his gun towards the officers the Anchorage police then issued yet another statement responding to the new footage the body cams that were running during the shooting conveniently do not show really anything one of them appears to be completely covered and the others are looking in a different direction and those circumstances conveniently made made the officers statements very important presumably the officers said that he raised the gun towards them so they fired but this video shows that's not true so here's what they said in response to the video we take all officer involved shooting incidents very seriously it is important to us to notify the public in a timely manner when an ois occurs and to give a synopsis of events as we know them to be at the time during the press conference we gave the morning of the shooting we made a statement M that was based on the initial account of a witness part of that witness's version was that the suspect had raised a long gun toward the officers as true in all cases as the investigation progresses and more information is obtained the more we understand the circumstances surrounding the event sometimes what we learn matches what we initially believe to be true and sometimes the facts that develop take the investigation in an entirely New Direction so that's a rather sophisticated way of saying that yeah they lied during the press conference they blame that on a quote witness is this a police officer one of the four police officers who shot this one man who was the witness just somebody who happened to be walking by the scene remember also in their press conference they promised all sorts of transparency and accountability that the these big investigations and reports would be provided after the fact for the public to review yet now once their word can no longer be taken well it's an unnamed witness who said one thing but is it's completely normal as these things progress we learn new information they're completely gaslighting the public about the fact that they lied to the public perhaps the biggest lie of all is that this was a Justified shooting how can I say that well by looking at the law this happened in Alaska Alaska is in the ninth federal circuit so except for the Supreme Court of the United States we look to the ninth circuit case law for the law of police shootings and the ninth circuit is the court that will interpret different fact scenarios and say what is Justified and what is not justified and there actually was just recently a opinion that came out of the fourth circuit only June 7th of this year in a case called kangi versus city of San Jose again decided June 7th 2024 I actually found the body cam footage from that case so I can show you some of it here several officers responded to 911 calls reporting a man with a gun they located the man 33-year-old kangi who had what appeared to be a gun in his waist span they followed him for about 1 minute as he walked down a street officer Edward Carbone and if you look him up on YouTube he actually shot somebody else at least one other time as a sniper and there's footage of that and that's similar to kind of what you'll see he does here kangi was near a shopping center in San Jose California he was carrying a BB gun a passer by/ Karen thinking that kangi had a real hand gun called 911 about 15 minutes later a driver called 911 and reported a man with a gun walking down a Street near the shopping center that second caller expressed concern for the safety of students at nearby Independence High School which released its students around the time of the call officer Carboni then exited his vehicle holding his rifle and activated his bodyw warn camera kangi was about 20 yards up the street walking towards the officers he was walking away from the school which was about three blocks behind him officer Carboni testified that kangi had the gun in his front waistband and was resting his right hand on it Carboni then began shouting commands to kangi including let me see your hands and drop it drop it let me see your hands let me see there drop it a different officer shouted for kangi to drop the gun a third officer shouted do not reach for it so conflicting commands no command to get on the ground is audible in the bodyw warn camera footage according to the officers kangi looked over his shoulder a few times and smiled he continued walking but he did not speed up officer Carboni start started to say something to the other police officers he began I'm going to hey before trailing off he then shouted for KI to quote drop it a few seconds later he said to the other officers hey watch out I'm going to shoot him I'm hey drop it hey watch out I'm going to shoot him watch out watch out get out of the way that statement took 3 seconds officer Carboni spent three more seconds steadying his rifle against a tree he then shot kangi once in the back the bullet struck Kang's heart killing him at no point had officer Carboni warned kangi that he was going to shoot him just over 1 minute had elapsed between when officer Carboni exited his police car and when he fired his gun applying Fourth Amendment law to those facts that actual video that's a real case the ninth circuit said that police officers may not kill suspects who do not pose an immediate threat to their safety or to the safety of others simply because they are armed the issue of whether or not there's an immediate threat is the most important factor that the court looks at the court said that in a immediate threat might be indicated by a furtive movement a harrowing gesture or serious verbal threat if a person possesses a weapon but does not reach for his waistband or make some similar threatening gesture it would clearly be unreasonable and therefore unconstitutional for the officers to shoot him that is the law in the ninth circuit therefore his mere possession of a gun on that day did not justify the use of force did not justify the use of deadly force that's a real case the opinion just came out this year but it's based on many other cases that have been handled by the ninth circuit the court also said that officer carbon's shooting this guy cannot be justified by the fact that Mr kangi was not complying with these conflicting commands that he was being told by several police officers officer carbon initially had told him to drop it and then he started instructing him let me see your hands and then another officer told him to drop it and at that point yet another officer told him to drop the gunman and about 4 seconds later two other officers shouted contradictory commands at the exact same moment one told kalanji to drop the gun and the other instructed him do not reach for it given that the gun was in ki's waistband it was impossible for him to both drop it and also reach for it the court has EXP explain that when officers initially give conflicting commands such as this a person becomes non-compliant only after an unequivocal command is given and the person does not comply but here the commands being given by the officers were conflicting with each other all the way up until the moment that the officer fired his gun therefore the the allegation that he wasn't complying with commands as being an alleged justification for shooting him cannot hold up at least not in the ninth circuit nor was deadly force justified by the fact that kangi just continued to walk the officers did not instruct him to stop nor attempt to arrest him so his actions could not amount to fleeing arrest simply continuing to walk does not amount to fleeing arrest even in the face of an officer commands to stop nor were the officers responding to the commission of a serious crime here a reasonable officer and officer carbon's position would have been aware of conduct by kangi amounting to at most carrying a loaded firearm in public which was only a misdemeanor in California lastly the court pointed out that at no point did any officer warn kangi that deadly force would be used the court has recognized that an officer must give a warning before using deadly force whenever practicable now just by itself the absence of a warning does not necessarily mean that deadly force was unreasonable but here officer Carboni had time to warn his fellow officers that he was going to shoot but he didn't warn the guy he was about to shoot then more time passed before he actually pulled the trigger a warning was therefore clearly practicable according to the ninth circuit and the fact that no warning was given makes this already unreasonable use of force even less reasonable the court reiterated that they have held over and over in many different cases that a suspect's possession of a gun does not itself justify death Force thus in this kangi case officer Carboni the shooter was denied qualified immunity by the ninth circuit that's the applicable law let's compare that to the facts of this case in Anchorage Alaska the most important factor is whether or not there was an immediate threat at the time the officers pulled the trigger just having a firearm is not enough in and of it by itself if you look at the uncensored footage you can tell without a doubt that the officers began firing before there was any movement of aiming the shotgun towards the officers or anyone else just because they have a gun doesn't mean you can just fire first there has to be some immediacy such as he began to aim the gun towards somebody there also appears to have been conflicting commands here please your hands up and as the Court held in that last case if there are conflicting commands and there's not just one equivocal command that's being disobeyed that can't be used as justification I didn't hear in any of this footage where any of these officers warned that deadly force would be used and the law is that an officer must give a warning before using deadly force whenever practicable I also don't see any argument that it would not have been practicable here given unequivocal order such as drop the gun without conflicting commands and warn that deadly force will be used you will be shot if you do not comply with that unequivocal order here I didn't actually hear anyone order him to drop the gun he was told to put his hands in the air and he's holding a shotgun well had he complied with that they would have shot him then other officers are yelling just yelling no or nope it's crazy that nobody just said drop the gun drop the gun or we'll shoot you hand in the air a couple times nope a couple times and then just started shooting and the ninth circuit has held over and over again that a suspect's possession of a gun does not itself justify deadly force certainly there are other facts that a reasonable officer in that situation would be concerned about such as it it was a domestic incident where there was some information or allegation that he had been violent with his domestic partner and possibly even fired a roundoff before and that he was prepared for the police arriving the caller believed that he was going to possibly confront the police with a gun and they got there and he came outside he had the gun and maybe this is the reason why I haven't been able to find the actual investigation report that we were promised what are the statements from the officers who fired why did they say that they fired what did they say the most important thing is is that we have the video footage and we don't see any movements we don't hear any verbal threats all the officers had to do really to even comply with the ninth circuits case law is to order him to drop the gun and warn him that they are going to use deadly force they're going to shoot him if he doesn't drop the gun pretty easy actually and they didn't do that and then after the fact they get caught lying about it I mean if it's a good shoot you don't need to lie about it you tell the truth we don't want to lower the B are for when your government is allowed to use deadly force against you you just don't the fact remains that they jumped the gun here no pun intended they did not need to fire as soon as they did it looks like there will be a lawsuit over that so we'll see how that pans out in the courts possibly at the ninth circuit so lastly just five days ago in the news Anchorage mayor apologizes to family of teen girl killed by police promises reform after rash of police shootings APD releases full videos from deadly shooting of Christopher handy the one we've been discussing the first in a deadly summer of Officer involved shootings there have been six officer involved shootings in Anchorage this year four of them fatal Easter Leafa turned 16 this past July but just a couple weeks ago she was shot and killed by anage police last than a month after she turned 16 according to the APD the shooting happened around 11:30 at night on a Tuesday when police were called caller said that her sister Easter was threatening her and had a knife according to Anchorage police chief when officers arrived at the apartment they commanded Leafa to drop the knife which she didn't around this point one officer fired multiple times at Leafa and another officer filed a less lethal projectile so the body cam footage has not been released yet in that case so we already know that you cannot take these APD officers at their word just show the footage was there an immediate threat did she threaten anyone with the knife was she given a clear unequivocal order which she disobeyed was she warned the deadly force would be used of course none of those questions are answered in what the APD has provided but the truth will be in the body cam footage so I'll definitely be covering that one when it comes out so as always thanks for watch watching I'll post up all the relevant articles and information that I discussed in this video at the blog at the Civil Rights lawyer.com so please subscribe there and also here if you've been a long time subscribe or check to make sure you haven't been unsubscribed by YouTube also follow me on Twitter at John Brian Esq I also post a lot of overflow content there remember our rights don't end where your fear begins freedom is scary deal with it n