TexasCHLforum.com

MaduroBU wrote: ↑Wed Jun 02, 2021 12:07 am The thing that needs to be remembered is that these clowns hurt a bunch of OTHER people as well. They were finally found out because an armed citizen shot back.

This is the correct form for your sentence. The race of the people they hurt is irrelevant.

LDB415 wrote: ↑Tue Jun 01, 2021 8:58 pmI haven't followed this but one question would be was the wife murdered by a policeman outside or was she killed by a policeman outside? IOW, did he know who/where she was when he fired or did he fire and she happened to be in the trajectory? It apparently shouldn't have happened either way but I think it makes some degree of difference based on which way it happened.

I think murder is the right term in this case. A death occurring during the commission of a felony is murder. Deprivation of rights under color of law while using a gun is a felony under federal law (18 USC 242).

Flightmare wrote: ↑Fri Apr 05, 2019 12:23 amIf the internal investigation and officer statement is not admissible in court for criminal purposes, and would be used for violations of policy; what would be the issue in having the external agency investigate potential violation of the law?

I support that part of the law. I was just pointing out the problems with getting the officers to cooperate. Look at the Dallas investigation into that shooting as an example of the problem, even with the IA power to compel statements. Somehow, even though I am confident that the officer was way wrong, I doubt that we will ever know exactly what really happened and why because of the refusal by officers to cooperate.

WildBill wrote: ↑Thu Mar 28, 2019 3:17 pm

Jusme wrote: ↑Thu Mar 28, 2019 2:30 pm I believe that a bill should be introduced, in the legislature, that mandates, that no law enforcement agency, in Texas, can do it's own internal affairs investigation, in any officer involved shooting, or death of a person in custody ...

Jusme, I understand where you are coming from, but I don't think that this would work. I have no idea how many cases there are every year in Texas, but I would think it would be too cumbersome and inefficient.

I actually like this idea but it won't work for one major reason. When an agency investigates its own officers, it can legally force officers to make a statement. This is because an internal investigation can be for internal discipline and the findings not used for a criminal case. The forced statement is not admissible in court for criminal purposes. There was a Supreme Court case on this, known as Garrity v. New Jersey. When an outside agency does the investigation, it cannot compel the officers to make a statement.

If this can be handled in the law requiring the outside investigation, I could support this, as could many officers (obviously some will never support it). And it might be done by modifying the current law. The law requires every in custody death to be reported to the AG. This includes deaths that occur while attempting to take the person into custody, such as chases.

I would even support just expanding that law to require every officer involved shooting where a human being is targeted to be reported to the AG. That would at least be a step in the right direction.