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Edit Transcript - Legal Expert/ Retired Cop Breaks Down Recent Police News Across the Country
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Legal Expert/ Retired Cop Breaks Down Recent Police News Across the Country
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good afternoon this is Daniel here with Copwatch TV uh just want to welcome everyone into our live show we're going to break down some of the most interesting and important cases that happened in policing across the country from this past week I just want to welcome everybody in and real curious to see where everybody is watching from so if you want to go ahead and put in the comments where you're watching from and again just like we do every week while I'm going through some of these interesting and you know pretty controversial police cases um you know if you have any comments or it's real possible that you're going to have a different opinion than me so make sure you put that in the comments so we can have some discussion about this a little bit of a road map of of of where we're going to be going today I'm going to talk about a couple cases that kind of have a theme about officers being crashed into and then also we're going to talk about two officer involved shooting cases both of them are controversial one I think is a reasonable and Justified officer involved shooting but the other one I don't and you know I posted a story about this either on on on my substack about one of these cases and I really got some push back and people were asking really thoughtful and good questions and I know that the the the the audience we have here on Copwatch TV is about 10 IQ points higher than about on any of my other social media channels so I'm definitely expecting to get some really good feedback and probably push back on some of these cases um all right so if you haven't already please go ahead and um follow us and make sure you subscribe to the channel and share it with friends and famili so we can get as many people in here not just for the live show that we do on Fridays but also to watch and comment on our videos of the most raw body cam footage um that we find from across the country let's see uh Sig spear says retired life now absolutely so this is uh as I said I I did retire uh two weeks ago so this past week was my was pretty much my first week of being retired from the Albuquerque Police Department so um yeah it was a it was a uh it was a a nice week and boys there's some news going on uh in my uh former police department and um we talked about that the last time that we were on here um but all right so you know the first thing that I'm going to talk about in and and actually I wasn't going to talk about this at first but you know I just saw two you know viral body camera videos from the last couple days so I'm I'm going to start the show out this way you know when when I was working as a as a an officer on on patrol basically a a a patrol officer um in a in kind of a large violent city and also as a DWI officer where all I did was you know stop cars all night I was never really afraid that I was going to be injured or killed by a criminal I I was never afraid of making traffic stops in shitty areas and shitty neighborhoods in the middle of the night I was never afraid of that but what I always was afraid of was being hit by a car while I was on a traffic stop that's what I was always afraid of and you know it really wasn't so much even though it that honestly could happen anywhere whether you're on a side street whether you're on a on a highway but for whatever reason being on a highway that always gave me the creeps just a little bit so here's what I would do and I'm curious if we have any any other any other uh any other police officers in here can say if they do something similar or not one of the things that I would always do if I stopped a car on the highway is I would always wait right until about the exit you know maybe as the vehicle is approaching an exit that's why I would try to stop because I would always want them to go down the exit and stop there sometimes they would pass the exit or you would just have to make a traffic stop that really wasn't near an exit so what I would always do is I would usually run up to the car and I would always introduce myself I would grab the person's driver's license and I would say hey get why don't you go down to the next exit get off there and we'll do it there I would never conduct an entire full traffic stuff unless I absolutely had to on the highway it was always just a that was always something I was always afraid of um we had two cases recently one in Oklahoma City and one in Michigan so I said Oklahoma City this is in the state of Oklahoma so there was an Oklahoma State Trooper um his name is uh Jesse Gregory and he was on a traffic stop and he was as he was talking to the driver this is in the middle of the day so it's not like it's at night where you know you might expect there to be a bunch of drunk drivers out this is in the middle of the day and he's pulled over on the side of the highway and he's making a passenger side contact with the driver of the with the driver of the vehicle as uh Trooper Gregory is making this contact a vehicle that's traveling in the right lane just smashes into the car and he goes flying he goes flipping and flying and um you know the video the the his dash cam does show him able to get up but he does have some minor injuries um you know this is a case that honestly could have been a lot worse so Trooper Gregor um he called it the scare of his life but you know what after a couple weeks he said that he wants to come back on onto Patrol as soon as possible also um the driver that he had pulled over had injuries but was not killed and the driver of the vehicle who caused the crash also um was not killed either um though everyone suffered some minor injuries but no one killed and a crash like that at it speeds you know 67 miles an hour that is something that you know you can anticipate that might end someone's life um however there was another case in Michigan there was a Michigan State Trooper named Joel pop who was killed this week as well um he was assisting with a a DUI investigation and while he was assisting with the DUI investigation um there was a driver who came up behind him who not only crashed into two police cars but also crashed into Trooper uh Trooper um uh uh Trooper Pop and Joel Pop um he did he did uh sustain uh fatal injuries um and he you know he's a 39y old he had been on for several years a survived by his wife and kid so it's an absolute uh tragic thing um but we did have that happen happen twice um you know thankfully Trooper Gregory was able to survive and unfortunately um Michigan State Trooper Joel pop did not um it's it's a very it's a very sad thing but you can find all the information about that on social media if you go ahead and Google it um all right so the first case I'm going to talk about is this is a case that happened in New York City and kind of with the same theme that that we've been talking about um but this is actually a really strange case so um this happened on January 17th so you know just just last week or so in New York City and there's a woman her name is Sahara Doula um so apparently she has a bachelor's degree in criminal justice and she works in the area and she works in the area of you know basically like mentoring and counseling kids in order to keep them on the right track well they are in New York City and she's driving the wrong way down the street so you know you got you get Northbound traffic and southbound traffic she is going the wrong way on the street and then she kind of stopped I don't know if she realizes she's going the wrong way on the street but she pretty much stops her car um it's at that point that an NYPD officer realizes what's going on he's traveling the correct way he's traveling the correct way um on on the the road he stops his car and you know Miss Doula her vehicle is stopped as well so he gets out and he's going to approach her on foot like this makes sense you know this makes sense for him to do this because she stopped you know in order to make contact with her one you this is something that you might see a drunk driver do even though this was during the day this is something going the wrong way that it could be a drunk driver it could be a tourist who's never been in New York City before I mean I know like I've been in different cities that I've never been before and streets have been one way and I didn't realize it so it could just be an honest innocent person who didn't realize they were going the wrong way and you know the trooper being able to get out make contact with the driver I've had to do that as a police officer multiple times that you know someone is is going the wrong way on a oneway street you stop you go Hey listen this is the wrong way this is where you turn around then I would always give people a plan I always say I'm like Hey listen here's what I'm goingon to do I'm going to block traffic over here as soon as I do I'm going to let you know that's when it's safe for you to go ahead and make a U-turn so it seems like that's what the trooper or that's what the NYPD officer was going to do so the NYPD officer starts approaching the vehicle on foot and she goes from a dead stop he starts telling her like you know stop and he's kind of waving at her and as he's going and as he's going um as he's going towards her um as he's going towards her um he uh as he's going towards her she accelerates the vehicle and crashes right into him he flips over the car he crashes and he flips over the car and he breaks his leg um afterwards she gave a statement she said I told the cop I wanted to go straight and he wouldn't move so I hit him I did it on purpose these cops he wouldn't move these cops it's a lesson to him and hopefully he doesn't want to be a cop anymore I mean not only is she facing multiple felony charges but she is just goddamn awful um so hopefully she's going to be in jail for a while on that the video of that is absolutely absolutely crazy I mean there was no reason to do that again it wasn't like it was an accident I mean she saw the officer not only did she strike the officer in a deliberate fashion but then she admitted that that she struck the officer in a deliberate fashion um yeah I'm real curious to see what you guys have to say about that case let Mile High says people are crazy nowadays absolutely Da Vinci says could be an an international tourist with opposite Lanes yeah absolutely that that's 100% you know what that's a really good point because as a police officer you don't know it could be someone who's a drunk driver or it could be someone who's having a medical issue or it could be someone you know who again who is just either a tourist or someone who never goes into New York City and is confused either way you know as a police officer you don't know you kind of have to keep your guard up what you're not typically expecting is to someone as you're walking towards there now as you're walking towards the vehicle I've had this happen hundreds of times as you're walking towards the vehicle the vehicle takes off because they have a warrant they're drunk there's a th maybe they don't want contact with police there's a thousand different reasons so the vehicle fleeing I mean that isn't that surprising but striking the officer intentionally striking the officer as you're driving away that is surprising that's not something that I would expect um uh yeah so that that was that case happened in New York City Sahara Doula so she's facing multiple felony charges as she should um all right so we're going to go ahead and talk about this officer involved shooting case and you know this is one of those this happened in Mesa Arizona a man named David Deus is the one who was uh shot by police officers you know this is one of those cases where I so everyone has their own system if you're interested in this kind of stuff which I think anybody watching the show is interested or watching this channel is interested in police body camera video so when I hear about a case um you know an officer involved shooting the first thing I do is watch the body camera footage I don't read what anybody says I don't want to know what donut operator says about a case I don't know what my friends over at uh failure to stop and com Center say about a case I want to know a I want to watch the body cam video for myself and then I want to get you know an impression of what happened and then you know then I go from there and a lot of times after I kind of have my initial feelings about the case then I'll go ahead and I will um look to see what other people said about a case so that's what I did in this case this case with d David Deus over in Mesa Arizona um it was an off involved shooting you I watched the body camera video and I watched the body camera video one time and I was like oh this is this is this isn't good and I started to think about all the different questions that I would ask or want to know if I was the investigator on this case because that's how I see these officer involved shootings because I was in Internal Affairs and compliance looking at these cases you know from an investigator standpoint I think oh my God I want to ask the officer this this this and those that's kind of how I look at these officer involved shooting cases so let me tell you what happened in this case and then I'll go ahead and explain kind of what my questions are and you know kind of where where I ended up with this case and again really curious to see what your thoughts are about some of this stuff so again so this started as a domestic violence call for service it was a family fight call um and basically the caller said that an individual a 27-year-old guy named David Deus um he was a family member and that he was having some kind of a mental health Break um what the call said is that he had actually locked himself in a in in a shed on the property and that he started setting a fire inside the shed they also told police officers that um that he had a knife in there with him and that he was um possibly you know some type of a suicide attempt some type of of an attempt at self harm so the police officers get their unseen and the first thing that I notice is that they came they came to this they came to this call with a force array now here's what I mean by that a force array is basically when police officers have multiple different options of force to use at one time this is a good thing because what we want police officers to do is to have a whole bunch of different options to utilize so that lethal Force having to use their firearms hopefully that doesn't have to happen and listen the more less lethal options that are present on scene typically the less likely that it's going to go to the way of having you know a lethal officer uh or having an officer involved shooting um so I saw I saw that there was a force right I thought good they're approaching this thing just like I would want them to so it seems like before they made the approach to the house that they had some kind of a conversation because one of the officers was armed with a taser one of the officers um had a bean bag shotgun and then another officer did have lethal Force I thought well you know what if I was creating an All-Star team to kind of go to this call for service that's pretty much what I would want I would want a taser in case the individuals you know 10 or 15 feet away I would want a bean bag shotgun if they were a little bit further out and then you obviously you have an off officer whose responsibility is to use lethal Force if it goes that way um and then I saw the officers they made contact with the caller so they didn't just like Rambo run up to their un scene and start banging on the shed no what the officers did is they made contact with the caller and that's a good thing to do right like yes someone might be setting a fire they might be they might be harming themselves but H having some information or getting some kind of information from the caller could really help the police officers because you want to ask hey does he have access to weapons is there a gun in there does he have you know has he not taken any medication is there any trigger is there anything that if I say to him he's going to lose his mind so I'll make sure that I maybe he doesn't like to talk about the Arizona Diamond back so I'm not going to mention the Arizona Diamond Backs thank you I don't want to push this guy over the edge these are the reasonable things that police officers have conversations with family members um prior to prior to um making uh prior to making contact so what the officers did that then they went ahead and they made contact then they made contact over at the at the shed and um Mr Deus he ended up coming out of the shed but here's what he did he basically had they called it fabric but if you look it was really like a sweater he basically had his hands underneath a sweater he has he has his hands underneath a sweater and he's walking towards the police officer so now what the police officers thought okay this guy has a knife but they can't see what is underneath his sweater cuz he's holding his hands and they're giving him commands like hey get on the ground show us your hands they're giving him all of these commands that you would expect a police officer to do in a situation like this because the officers don't know what's under his hands and then Mr Deus does something that is just absolutely the only thing I can say is like you should not do this what he did with his hands from underneath from under from when they're concealed by the sweater he basically took a shooting stance and he held his hands out like this like he was holding a gun so again the officers not being able to see what's underneath that he held it up and took a shooting stance like he was holding a gun or about to fire a gun it was at that point that a police officer deployed a taser at the same time a police officer deployed uh the bean bag shotgun and literally at the same time another police officer fired his handgun so they fired all three at the same time um uh you know and that was that was my question about this um is that so the main question that I had is that so we have officers use utilizing less lethal and lethal at the same time I need to know a little more about this because that doesn't seem right here's why because typically What in in a perfect world and again when you're going into these situations with a police officer nothing is perfect nothing is textbook what you what I would want to see is for a police officer to utilize from a distance less lethal force and then to kind of evaluate hey did that work are they are they under power from the taser did it work are they capacitated can we see their hands and from that position can we place them in the handcuffs can we re-evaluate do we need to deploy more or less lethal something like that but what I would love to see is the entire purpose of less lethal force is to use that so that we don't have to use lethal force from handguns that's what we want to happen so typically you know what happens is after less lethal force is utilized you kind of wait and see hey did that work or not where are we going to go from there but all three weapon systems were deployed at the same time so on its face that didn't make a whole lot of sense to me so I had to do some research and really think about this case and really watch the body camera video pretty pretty um pretty carefully now one of the things that kind of changed my mind on this case is that what was actually underneath that what was actually underneath that fabric it was a cordless drill so a cordless drill is literally the sh the same pretty much the same shape and size as a gun so I want to look at okay what would a reasonable officer think so if we go the only way that this officer involved shooting is objectively reasonable you know within the law and within Department policy and within training is if the officer who fired the fired the handgun had a reasonable belief that you know there was there was a a chance of uh an imminent chance of death or great bodily injury well if someone is pointing a gun at you yes that would meet that criteria so okay so I looked and it it was a cordless drill so essentially he was holding a cordless drill in a shooting stance um it's reasonable that the police Poli officer would think that he was holding a gun underneath there because that's what it looked like and then you have to think okay well if the officer if it's reasonable for the officer to believe that Mr Deus was pointing a gun at him what's a reasonable response is you utilizing a firearm and you utilizing deadly force is that a reasonable response to having a gun pointed at you and the answer is yes so the fact that the two other officers utilize a taser and a bean bag shotgun at the exact same time that's really a moot point that really just isn't that relevant if we're looking at what the officer did in the moment and again those officers they only had those weapon systems in their hand those has only had those weapon systems in their hand and again he came out and he pretty much put it up almost almost right away so if you're holding a taser you would have to holster the taser and then pull out the handgun and there really isn't time for that so the idea is the officer see a threat even though it may not maybe it's not enough Force which again if someone is pointing a gun at you a taser is clearly not enough Force but if that's the weapon system you happen to have in your hand a quick reaction of pulling the trigger like I understand those officers doing that so I do think that if we look at this case that this officer involved shooting was objectively reasonable but this is one again I watched the body camera one time and I go what the hell is this we're using lethal and less lethal at the same time this doesn't make a whole lot of sense and I really had to think about it a whole lot see it's a good thing that I'm retired from the police department and actually had time this week to really think about this case um all right let's see what some of you guys think about this cjun Randy says the standard should be what a reasonable person would think oh I like that cjun Randy thank you so much so so the reason why that's not the standard and I oh cun Randy I'm was gonna say thank you so much for asking that question it's a really thoughtful question the reason why cun Randy is it's not what a reasonable person would think it's what a reasonable officer would think is because police officers have special training not special training that's a weird thing for me to say they have extra training or training on how to do that job so it's based what would a reasonable police officer do but Randy it's not just for police officers we actually have this reasonable person standard for almost anything if you have a doctor okay who is performing a so one of the individuals that I went to law school with was this really smart guy he was uh urologist so he was a urologist and he would do all kinds of surgeries you you think why would a urologist be in law school he was getting ready to retire anyways you know he basically explain to me so so he testifies before he was an attorney he would testify you know in Trials as an expert witness for doctors who you know botched Urology um Urology uh surgeries you know he would he would would he would testify either on behalf of them or you know basically whatever he thought was was correct and you know so it couldn't be looking at what what would happened in a situation like that is it wouldn't be what would a reasonable person think is is the thing to do in this Urology surgery that's insane I'm a cop with a law degree I should not be put into that box of what I would think that a urologist should do but Dr Robert should because he's a urologist the same thing if it comes to a bus driver I've never driven a bus driver I can barely drive my car okay so what if a bus driver is is in a crash I don't have a CDL so or or a pilot or I could think of a thousand different examples but that would just really take a whole bunch of time so I'm not going to but you can understand why when there's something that specific that the standard is you know what would a reasonable police officer do what would a reasonable pilot do taking someone off the street who has zero pilot training is saying hey dude what do you think about that um was that a reasonable thing that doesn't make sense you would have experts in the field have some type of standard and criteria and say Yes based on the law policy and training this is what a reasonable officer would do and here's why so I hope that makes sense cage and Randy it's all in the case uh Graham versus Connor um that's where this reasonable uh reasonable officer standard comes in and again if you go into other if you go into other other um Industries or jobs or or cases it's always going to be like you know what would a reasonable plumber do what would a reasonable um I think everybody gets the point but that was that was actually a really really really good question um so yeah so to me that officer involved shooting um is is objectively reasonable even though at the onset of it like I didn't I didn't think it was I didn't think it was reasonable but no I'm at the point I'm at the point that it is I think it's within the dep Department policy and and it's definitely legal um let's see uh Da Vinci says did you hear about the Shane prior escaping custody teen murder suspect how did that happen uh Da Vinci yes so I did hear about that case um I saw a little bit about it I'll be honest I haven't Dove deep into it before um so I can't really talk a whole lot about it but that is something I can look for for next week um that I did hear about it but I haven't looked into it a whole lot but I can definitely uh put that on my list for next week the Shane prior escaping custody case he's a teen murder suspect and I think he's still on the Loose as far as as far as I uh read last night um all right so the next officer involved shooting that I'm I'm going to talk about is you know this is an officer R Val shooting that I I don't think that the shooting is objectively reasonable um I expect the officer to face charges for this case and again I also wrote an article about this case and was talking about it with people on on on on Twitter and I did get a lot of push back you know a lot of people saying you know basically saying that no this is this is a good shooting this one's legal Dan you don't know what you're talking about like and I'm I'm going to say no I don't think this one is is a legal officer involved shooting but again I'm really curious to see what you guys think so while I'm going through this you tell me right track wrong track you tell me if you think I'm correct or if I'm not correct so here's what happened in this case so this happened in Weber County Utah um uh Weber County Utah on New Year's Eve of this year so um basically deputies with the Weber County Sheriff's Office in Utah were dispatched to a possible drunk driver call I know what you're thinking because this is what I was thinking um it's I I I get that it's Utah and there's you know maybe not as much drinking there but um still uh any any place on in on New Year's Eve is going to have dozens hundreds thousands of drunk drivers right so the idea that you know we're going to put this much effort into getting one there was a and there was a lot of uh and there was a lot of uh uh drunk there was a lot of um uh uh there are a lot of drunk drivers out on New Year's Eve the idea that we're going to put a lot of resources towards any one call probably doesn't make a whole lot of sense and that's what I thought initially until I looked into this case so so here's basically how this came came about um uh an individual called dispatch and said hey I I want to report a drunk driver and the dispatch again it's New Year's Eve they're probably getting a thousand calls like this right so the dispatcher goes well how do you know they're drunk and the guy says uh because he just left my house he picked up his keys he's drunk and then um so that that gives a little more information then the uh the caller gives um says who the guy is gives a description of the of the vehicle gives the license plate he also then says hey there's also three other miners in the car with this guy and there's more alcohol in the call then the then the caller takes a step further and goes he was I actually have the live tracking and location on the car so I know where it is and what the speed is well this is a situation where it's not just hey someone called in a drunk driver at the intersection of uh Sycamore and Central um okay fine you look look for a blue BMW no no I mean this guy knew the exact precise location of where this vehicle was it was a friend of his or a family member but um you know but so it was the it was the idea that you know the officers could track exactly where this drunk driver was and saying hey there's three miners in the car with this drunk driver that pretty much made it a situation where police are going to put for lack of a better term more effort into trying to find this guy so um the police officers you know basically with the help of the caller were able to locate this vehicle um they located the vehicles a blue BMW they um initiated traffic stop and the driver fled um the driver fled um fled didn't want to have anything to do with police officers the driver fled um police ended up inti initiating a a Pursuit on this um Riverdale Utah city police officers they also got involved in this case and were part part of the chase it went through a couple different cities and this County um during it um uh the the vehicle at one point during it at one point the vehicle did pull into a culdesac and there were I think three police cars there pulled into a culdesac and you can see what I would be thinking is a police officer like all right we got this we're going to have him pinned in this guy's probably going to run like that's what I would be thinking too so what the police officers did is as they knew that it was a culdesac you know they basically positioned their police cars um they they they basically positioned their police cars um so that the vehicle would make it difficult you know essentially blocking the road this is what you would want a police officer to do in a situation like that um and I um but what Mr um his name is Carter Ed Edelman is his name so basically what he did is as in order to get around the police officer he drove up onto the sidewalk around the police cars he actually clipped the police car as he went by um speeds got up to over 100 miles hour um eventually they got to an area and this is where the officer involved shooting comes in eventually they get to an area that's pretty much like a business I mean this is late at night we're at like 10:00 at night now so they get to basically it's it's a parking lot with with a couple different closed businesses and um an officer is able to get his his vehicle in front of the BMW so so you have to imagine this that the vehicle the officer is in front of the BMW the vmw is coming towards the police officer for some reason and this makes absolutely no sense for some reason the officer gets out of the car as he gets out of the car he's standing by the driver's side the BMW is coming right towards him the BMW actually gets so close to the officer that he puts his left hand down and actually touches the hood so again this BMW almost hit the officer almost struck the officer you know we almost had one of these cases like the first three cases I described today almost hit the officer as soon as the BMW whizzes pass this guy the officer takes out his firearm and as the vehicle's driving away he shoots like five rounds at the car that's the officer involved shooting right after that there was a sheriff's department officer in a in a pickup truck who basically I didn't do a pit maneuver he B basically um he was he was perpendicular and as the as the vehicle was was was traveling he basically smashed into the the front driver side part of the car um there were no know injuries or major injuries or anything like that but he did Smash Into the front driver's side of the car he hit the tire the tire was disabled that's how they got Mr Edelman into custody so that was the officer involved shooting and thankfully this what we have to say is no one was struck by the gunfire so the the there was no passenger who was struck Mr Edelman wasn't struck thankfully and I don't think this officer involved shooting was objectively reasonable and and I'm going to explain why so a couple things before I get to that so when they finally did arrest Mr Edelman there were not three teenagers in the car there was one teenager in the car I think his girlfriend there was one with there was one minor in the car and you know basically what she said is yeah I knew that he had been drinking um and Mr Carter or Mr Edelman was 19 years old so he wasn't old enough to wasn't old enough to drink in in the first place but she said yeah I knew that he was drinking I got it into the car with him willingly but as soon as as he started to run from police like I wanted to get out I didn't want to be there anymore but there was just no opportunity for me to Exit the vehicle so I was kind of stuck um but the officer had been told the police had been told that there were three teenagers in the car now think about this just use common sense if someone says hey there's a driver and three passengers in the car what are you going to think you're going to think okay there's probably a front seat passenger and then two backseat passengers right I mean that's what most people that would be a reasonable assumption to make so where I'm going with this officer involved shooting is problematic for a lot of different reasons the first reason that this officer involved shooting is problematic is because there was no more threat so if the car was coming towards the officer look at that if the car was coming towards the officer and as the car is bearing down on the officer the officer started to fire at the driver I would say oh okay that's probably a legal officer involved shooting though even that I wouldn't love because best practice is going to say hey guys don't put yourself in a position position to where you're going to be right in front of an oncoming vehicle essentially that's like officer induced Jeopardy so that's going to be best practices in most cases most cases police departments you know don't have or have a policy against officers doing that now again you can't always help it now let's look at the two cases that we had earlier today where an officer was not you know intentionally going in front of someone but was just doing their thing on the side of the road on a traffic stop and a random vehicle comes by them in and come comes and crashes into them well that's a situation where that's not officer induced Jeopardy right that's not officer um that's not officer induced induced Jeopardy that's um that's um that that's an instance where the officer really couldn't do anything about it um but you know put intentionally putting yourself in front of a c in front of a vehicle and then getting out of the vehicle I don't know what the officer was thinking that he was going to do is as the vehicle passed by try to have a conversation with the guy and deescalate the situation so so again like that that tactically that doesn't make a whole lot of sense um and again when he actually fired the shots the the the vehicle was past him again I could I don't love it but if a vehicle is bearing down on you no matter how you got there if you start firing at the driver I get it I don't love it but I get it so one of the reasons why I don't love it is because let's say you're successful and let's say as a vehicle is bearing down on you at 30 40 20 miles an hour and you shoot the driver great even if you're successful and you hit your targets is that necessarily going to stop the car from hitting you I mean probably not because now the car is just out of control right so that doesn't really fix the problemes does that does that make sense you may even make someone who's going 20 M hour maybe if if they're shot they push further down on the gas and they start traveling quicker again it just doesn't solve the problem getting out of the way that solves the problem so okay so again when shooting at a vehicle as it's driving away like the danger is already gone like there is no you're not in immediate danger anymore the second part and almost a bigger part is that the officer is no longer in danger is that again there were three other passengers in the vehicle if he had been successful and actually luckily his shots went everywhere and he didn't hit anything but had he been successful and actually been able to shoot the driver he probably would have hit the passenger first because there would have been a back he thought there was a back seat passenger behind the driver so I don't know what the officer was thinking hey this car is driving away I'm not in any more danger and there's three other people in the car I'm going to start firing rounds rounds downrange it doesn't make any sense and thankfully no one was struck by this um again it it doesn't it doesn't make any sense now the some of the push back that I got in this is they said well hang on this guy was driving drunk um that's dangerous right um he had miners in the car we agree that's dangerous he had already intentionally crashed into a police car so yeah like he's he's an open threat to not only not only the other cars on the road but the other officers and to the teenagers and cops need in deadly force yeah we can use deadly force because I can articulate that threats that's I don't buy that argument cuz otherwise any drunk driver who crashes or swerves or weaves or hits a curb that means any drunk driver who does any of those things then it would be like cops can just go ahead and just start shooting guns at at and start using deadly force on any drunk driver driving down the road saying well I mean he's probably a danger so I got to get him off the road no we know that's not legal so this isn't legal either um now again so had someone actually been been struck by the officer's weapon I would expect the officer to face pretty serious charges thankfully no one was struck so if the officer does face charges my guess would be whatever the Utah version of Reckless and dangerman is essentially think Brett Hinson Brett Hinson is the officer on the bana Taylor case who was you know um in the words of the prosecutor shooting wildly um into the apartment um not really sure where he was shooting at just kind of creating like like a a danger in general but you know even though no one was specifically hit Brett Hinson was actually prosecuted on the state and the federal level um he's never been he's never been convicted um he's never been convicted and um uh that's you that may be the case in this case as well um my guess is whatever the use of force policy is for uh the the the Sheriff's office there in Utah my guess this is probably a violation of that um use of force policy and um I would expect the officer to face charges now just because I say that the officer is probably going to face charges like I don't find any joy in that right like I let let's not forget who the real bad guy is okay the real bad guy is Carter Edelman who decided to drive drunk not stop for police officers travel over 100 miles an hour and then crash into police cars as he's trying to evade basically putting everybody in danger so the real bad guy is is Carter Edelman not the police officer who I'm going to admit in my opinion he made a mistake in a very tense situation the situation never would have been there but for Mr edelman's actions uh so I'm really curious to see what you guys have to say about this officer involved shooting if you think I'm right track wrong track like I said I did get some push back um especially on Twitter and I was surprised because to me I thought this was obviously not a reasonable legal officer involved shooting um and uh okay so don't have any questions on that so the last case that I'm I'm going to talk about today is uh uh this is a little more a little more crime kind of a stuff but it's relevant so In-N-Out burer um In-N-Out Burger um has been in Oakland I think for over 30 years um the fast food chain is reportedly closing um up shop in Oakland uh the store cited the closure not because there was a lack of business or they didn't have any customers or they couldn't find any workers but due to outof control crime I mean a business has a duty to essentially employees and customers to provide a safe eating environment um I mean the fact that In-N-Out burger just simply you know can't provide a safe location to enjoy that tasty burger um it just should be staggering to the people who are actually in charge of safety in that City the elected leaders um but clearly the city leaders in Oakland are are optimistically just kind of Permitting this chaos instead of fixing it um you when when a municipality you know refuses to repair obvious broken windows that's obvious signs of social Decay like crime at a at a burger joint um it's only going to further um extend the the existence of of the of of the crime and problem um at some point some of these systematic problems um it's no longer just bad policy um like some type of an outgrowth or like like some kind of a surprise consequence of bad policy but like that this is this is The Logical only outgrowth of what could happen with these bad policies um so it's just absolutely crazy to me that um a burger joint is closing in California after being there for over 30 years because they can't keep their customers and the city safe and customers and employees safe um basically in and- Out Burger said that they went to the city multiple times and the city just isn't isn't helping them it's not a safe place um it's just it's just really sad when we get to that point in in a in a country and again like this is all bad policy because police officers know how to police officers um know how to enforce the law and when I put this on social media earlier they're like well this is the fault of the police officers for not enforcing the law and that's great that's an easy thing to say but there are there are politicians who run and manage police departments and that's who is to blame here so police officers will only be as effective as the politicians who manage police officers um are going to let them uh Daryl Smith says hey Daniel hey Daryl how are you um all right so that was the last case that that we're going to talk about um I just want to say thank you for everyone being in we did have one comment earlier that I'm going to address someone asked if I uh was going to talk about uh the officer involved shooting with an individual I can't remember his first name but his last name in cob um in Minnesota so there was a Minnesota police officer who was essentially just charged uh that essentially was just charged with u murder for an officer involved shooting in Minnesota um so I was gonna thank you Rich I was going to talk about that shooting today but I'm not the reason is is because it's pretty complicated there's there's a lot going on with it um so the attorney who represents the Minnesota uh Police Officers Association is a guy named Imran ali um really nice uh really nice and thoughtful guy actually attended a use of force conference um in uh scotdale last year where he was B he was the one who uh he was with the company who basically ran it really smart um really informed guy and he gave a statement about the officer involved shooting I'll be honest it's kind of the same thing I watched the body camera footage and I'm like uh I don't I don't love this officer involved shooting or at least I've got a lot of questions it isn't one of those where I see the gun point I go oh yeah okay this is good I've got a lot of questions not saying that shooting wasn't Justified or legal or out of policy I'm saying I've got a lot of questions on this one and then I looked at what um and I say Mr Ali is a really great attorney um he was a prosecutor in in in uh the Minneapolis area for a long time before he went into into private practice and I saw his comments on the shooting and if you look at his comments on the shooting um I always look at that like what are the attorneys saying because they're saying things for a reason if you look at the comments from Mr Ali is that he wasn't saying hey this officer in valve shooting is legal because and then just giving that one sentence about why something is legal he was saying well officers don't have the training and the policy and this this this and he was kind of seemed like he was kind of throwing a bunch of spaghetti at the wall so my initial that I've got a lot of questions about this watching the body cam video listening to what Mr Ali said um I've really got to dive deep into that one that is exactly what I'm going to do this weekend I'm going to write an article on that case I'm really going to think about it and um I'm going to go ahead and have something for you we're going to lead with that next week because um it was an officer who was charged with murder in the Twin Cities area which has again been a hot bed for all kinds of of police um uh not only misconduct but also um officers being charged with cases where maybe they maybe they they they they shouldn't be so um all right well thank you so much I want everyone to have a good weekend be safe and we will see you here uh next week thank you so much bye
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