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Posted: 9/1/2015 9:25:29 AM EDT
Link Posted: 9/1/2015 9:53:42 AM EDT
[#1]
Have they determined if the home owner had a gun yet? Or if the cop shot his partner like was being reported last night.
Link Posted: 9/1/2015 9:54:16 AM EDT
[#2]
Sounds like a shit show all around.
Link Posted: 9/1/2015 10:05:30 AM EDT
[#3]
Nightmare scenario for all armed citizens. Thank fully no one was DRT, but there has to be accountability for the incident. DKPD is already in damage containment mode, so the full version of events is likely to hit the department's credibility badly. I can already tell that there's going to be a racial component to it too.

Posted Via AR15.Com Mobile
Link Posted: 9/1/2015 10:26:13 AM EDT
[#4]
https://www.reddit.com/r/Atlanta/comments/3j5krm/police_officer_shot_in_dekalb_co_being/cumzd54

"Shaking trying to type this right now. I was out walking my dog Diego. I live on a dead end street, walking towards the cul-de-sac. There is a man a ways in front of me (saw him walk into the neighborhood) that walks to the farthest house at the end of the street, knocks on the front door, and then kind of just stands in the front yard for a few mins. Seems a little sketch considering I have seen the house owner before and it was't him and there have been several reported break-ins down that way. I gave him the benefit of the doubt however (maybe he walked to the store, locked out, etc) and turned around and started walking back towards my house. Diego stops to sniff something and I turn around and now the guy is nowhere to be seen. I then hear a loud sound and then dogs barking. I stand around a second and don't see anyone come out. Kind of concerned at this point I call 911 and describe the house at the end of the cul-de-sac as well as the 50 year old black male and what he was wearing. I also told them that I wasn't sure anything was actually going on, and I wasn't trying to get anyone in trouble, but I felt like something wasn't right.

A few minutes later I am getting back to the house (opposite the cul-de-sac, towards the entrance of our street) in front of my front door, when I heard 5 or 6 gunshots very close by and heard a woman screaming. Turned around and saw blue police lights already flashing and people yelling. I fumbled my keys and went inside, terrified. About a min or two later I peek my head outside and see one of my neighbors about 3 houses down (opposite direction from my walk) holding his leg and yelling something to the effect of "You killed my dog!" and "You shot me in my own house! Meanwhile the wife of the man was clutching their one year old child, hysterically walking down the street to a neighbors house. More cops come in, shotguns blazing. Cops running everywhere at this point. Meanwhile the wife is crying and telling the neighbors across from me what had happened. The frantic young wife was obviously furious and scared as she described cops coming in their back door and shooting her husband and shooting and killing their dog. An officer stayed with the man (white, young 30s) while he was still up the street in his own driveway, clutching his leg where he had been shot by the officer.

According to neighbors during the chaos, an officer accidentally shot another officer. Both were taken away from the scene in an ambulance. I was later interviewed by a detective and provided them my full testimony since my 911 call was the call that the police were responding to. the Associated Press who requested to talk to me on the phone. (They were able to reach me because Ronnie my girlfriend was not able to get home after work and was talking to me on the phone outside of the neighborhood and the reporter asked to talk to me.) I did this because already on the news they were spinning the story. There was a report of a "manhunt" and a search for a "suspect". The "suspect" (or at least the suspicious person I called the cops on at the other end of the neighborhood) came walking back up to the crime scene shortly after. After speaking to him I realized that he was the person I had seen and he said he was trying to get someone to pay him for cutting their grass. I feel awful because I explicitly said on the 911 call that I was unsure if anything was actually going on but I had a bad feeling after hearing the loud noise and dogs barking, especially with all the recent break-ins. The cops actually never interviewed him (which at that point I don't think it mattered because it seemed pretty clear he hadn't stolen something or done anything wrong and walked up the street to a crime scene to talk about it).

I am writing this partly as catharsis because I feel terrible that this all happened as a result. I'm also writing this because the news and media are already spinning this story to say that a police officer was shot in the line of duty while responding to a burglary call. While I give them credit for owning up to the fact that it was the wrong house (albeit presumably after I had given testimony to Associated Press), what they fail to highlight in this clickbait link is that this man who was sitting in his own house watching a movie with his wife was shot in the leg and his dog was murdered in his own house with his new baby in the house. The story is not "Let's all feel sympathetic for the cop that just killed a family's dog and and shot the unarmed homeowner in his own home." I want to say first off that I know a cops job is very hard and I respect the job and the men and women serving when they do it the right way. This was NOT the right way. I explicitly said a house at the end of the cul-de-sac yet the media said the house "matched the description". I never even gave them an address. If you hear news telling you different they are manipulating the story."

I expected something along these lines. Goddamn those cowboys f'ked up big time.

M

Posted Via AR15.Com Mobile
Link Posted: 9/1/2015 10:54:18 AM EDT
[#5]
...Let me start by saying I respect the job that LEOs do, and blue (or tan) runs in my family's blood....HOWEVER, sounds like officers 1, 2 and possibly 3 enter home unannounced, or even announced, are startled by homeowner, officer 2 shoots officer 1 in the leg, officer 1 fires in reflex (entering with weapon angled down in ready position as trained) and shoots homeowner in the leg....I don't know where the dog came into the mix....

...If they spin it in some nonsensical way, they will lose more respect than saying 'We made a mistake'....

...I could be wrong but this is a true cock-up any way you cut it....Better to be honest and  admit a mistake than try to 'blur the lines' and hope it goes away IMHO...
Link Posted: 9/1/2015 11:33:53 AM EDT
[#7]
Fuck up stories like this are becoming more and more common .


Just become grist for the mill ..




gd
Link Posted: 9/1/2015 12:07:58 PM EDT
[#8]
Somebody tell me who's right...

My lovely wife, who had nineteen years in law enforcement down in Florida before she went out on medical disability, says that the officers had every right to make entry into the house, and therefore the homeowner gets what he got and it's all a case of "No harm, no foul."

I say, no... the only way they have the right to enter is if they are invited in, have a warrant, are in hot pursuit, or can articulate just cause - they hear screaming, gunshots, whatever.  Since none of those apply in this case (all they had to go on was a vague description of a house that may or may not exist), they're in for the full ride...



Link Posted: 9/1/2015 12:13:47 PM EDT
[#9]
You are right.

There is no WAY in hell those boys should have entered a house hot for a suspicious person (54) call.

Posted Via AR15.Com Mobile
Link Posted: 9/1/2015 12:37:50 PM EDT
[#10]
As an area LEO, this is the stuff that makes me face-palm.
Link Posted: 9/1/2015 12:52:29 PM EDT
[#11]
I'm not typically a litigious person, but I'd take one in the leg if it got me totally out of debt; which I suspect will be the case in this matter.

Link Posted: 9/1/2015 1:38:32 PM EDT
[#12]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


Somebody tell me who's right...



My lovely wife, who had nineteen years in law enforcement down in Florida before she went out on medical disability, says that the officers had every right to make entry into the house, and therefore the homeowner gets what he got and it's all a case of "No harm, no foul."



I say, no... the only way they have the right to enter is if they are invited in, have a warrant, are in hot pursuit, or can articulate just cause - they hear screaming, gunshots, whatever.  Since none of those apply in this case (all they had to go on was a vague description of a house that may or may not exist), they're in for the full ride...
View Quote


You are.  There was no where near sufficient legal grounds to enter the home without a warrant.  The caller was reporting a suspicious person, but did not state that he observed any crimes being committed, just that there had been burglaries in the area, and did not give a specific street address.  Dispatch is not exactly known for giving accurate information to officers on the street.  The door was closed, just not locked.



Dekalb County is going to lose money on this, and a case could be made that the officers shouldn't get QI since they didn't have probable cause to enter the residence.



 
Link Posted: 9/1/2015 2:16:14 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

You are.  There was no where near sufficient legal grounds to enter the home without a warrant.  The caller was reporting a suspicious person, but did not state that he observed any crimes being committed, just that there had been burglaries in the area, and did not give a specific street address.  Dispatch is not exactly known for giving accurate information to officers on the street.  The door was closed, just not locked.

Dekalb County is going to lose money on this, and a case could be made that the officers shouldn't get QI since they didn't have probable cause to enter the residence.
 
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Somebody tell me who's right...

My lovely wife, who had nineteen years in law enforcement down in Florida before she went out on medical disability, says that the officers had every right to make entry into the house, and therefore the homeowner gets what he got and it's all a case of "No harm, no foul."

I say, no... the only way they have the right to enter is if they are invited in, have a warrant, are in hot pursuit, or can articulate just cause - they hear screaming, gunshots, whatever.  Since none of those apply in this case (all they had to go on was a vague description of a house that may or may not exist), they're in for the full ride...




You are.  There was no where near sufficient legal grounds to enter the home without a warrant.  The caller was reporting a suspicious person, but did not state that he observed any crimes being committed, just that there had been burglaries in the area, and did not give a specific street address.  Dispatch is not exactly known for giving accurate information to officers on the street.  The door was closed, just not locked.

Dekalb County is going to lose money on this, and a case could be made that the officers shouldn't get QI since they didn't have probable cause to enter the residence.
 


+1 plus....
Link Posted: 9/1/2015 3:00:53 PM EDT
[#14]
This is an epic failure
Link Posted: 9/1/2015 3:22:29 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm not typically a litigious person, but I'd take one in the leg if it got me totally out of debt; which I suspect will be the case in this matter.

View Quote

Its not doing booboos family any good.....
Link Posted: 9/1/2015 5:09:11 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Somebody tell me who's right...

My lovely wife, who had nineteen years in law enforcement down in Florida before she went out on medical disability, says that the officers had every right to make entry into the house, and therefore the homeowner gets what he got and it's all a case of "No harm, no foul."

I say, no... the only way they have the right to enter is if they are invited in, have a warrant, are in hot pursuit, or can articulate just cause - they hear screaming, gunshots, whatever.  Since none of those apply in this case (all they had to go on was a vague description of a house that may or may not exist), they're in for the full ride...



View Quote



Not even sure how you respond to that coming from your wife.
Link Posted: 9/1/2015 5:33:43 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Not even sure how you respond to that coming from your wife.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Somebody tell me who's right...

My lovely wife, who had nineteen years in law enforcement down in Florida before she went out on medical disability, says that the officers had every right to make entry into the house, and therefore the homeowner gets what he got and it's all a case of "No harm, no foul."

I say, no... the only way they have the right to enter is if they are invited in, have a warrant, are in hot pursuit, or can articulate just cause - they hear screaming, gunshots, whatever.  Since none of those apply in this case (all they had to go on was a vague description of a house that may or may not exist), they're in for the full ride...






Not even sure how you respond to that coming from your wife.


I'd tell her we all agree with her, and then when the lawsuit settles you can be all like "huh, we were ALL wrong but now we know".
Link Posted: 9/1/2015 5:36:06 PM EDT
[#18]
Hopefully full recoveries for all parties.
Link Posted: 9/1/2015 5:46:46 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Hopefully full recoveries for all parties.
View Quote


For sure. Poor dog though(in all seriousness not a cop dog joke). Any word on the homeowners condition? All I saw was the update on the LEO in surgery.
Link Posted: 9/1/2015 6:19:39 PM EDT
[#20]
Wow, surprised they even bothered.  Dekalb's policy is that burglaries are not a priority.  I called them once when an acquaintance's house had just been broken into, and the person might still be inside.  Took Dekalb 8 hours to respond by which time I had already cleared the house, which the officer that finally responded wasn't too happy about.
Link Posted: 9/3/2015 11:57:49 AM EDT
[#21]
Chief Weems addresses the right to enter a property:

https://chiefweems.wordpress.com/2010/08/03/the-2-3-4-rule-2/


Four Legal Ways to Enter a Dwelling

Consent:  Consent can only be obtained from the owner of the property to be searched, someone with valid authority of the property, or someone with valid control over the property (in that order).  Consent can be given verbally or written.  The burden of proving consent is on the peace officer, and consent can be withdrawn at any time (must maintain contact) or may be qualified consent.
Warrant/Court Order: An officer can enter a suspect’s home to arrest the suspect if the officer has a warrant for the arrest of the suspect and the officer reasonably believes the suspect to be in the dwelling.  Case Reference: Payton v. New York, 445 U.S. 573 (1980)
Exigent Circumstances: An officer may enter a dwelling without a warrant when exigent circumstances exist.  Examples include situations where an officer has to enter in order to prevent death or injury to those inside of the dwelling, to prevent the destruction of evidence, or to prevent the immediate escape of a suspect.
Hot Pursuit: The officer must be pursuing the suspect for an arrestable offense.  The suspect must know that he or she is being pursued, and the suspect must be in actual flight.
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Link Posted: 9/3/2015 7:35:08 PM EDT
[#22]
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Quoted:


For sure. Poor dog though(in all seriousness not a cop dog joke). Any word on the homeowners condition? All I saw was the update on the LEO in surgery.
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Quoted:
Quoted:
Hopefully full recoveries for all parties.


For sure. Poor dog though(in all seriousness not a cop dog joke). Any word on the homeowners condition? All I saw was the update on the LEO in surgery.


Shoot my dog, you're getting shot. None of this "it's just a dog bs either". Forgive the knee jerk reaction, but my dog is like my kid.
Link Posted: 9/3/2015 8:51:50 PM EDT
[#23]

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Quoted:
Shoot my dog, you're getting shot. None of this "it's just a dog bs either". Forgive the knee jerk reaction, but my dog is like my kid.
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Quoted:



Quoted:


Quoted:

Hopefully full recoveries for all parties.




For sure. Poor dog though(in all seriousness not a cop dog joke). Any word on the homeowners condition? All I saw was the update on the LEO in surgery.




Shoot my dog, you're getting shot. None of this "it's just a dog bs either". Forgive the knee jerk reaction, but my dog is like my kid.
Not to worry if you live in DeKalb, everyone gets shot anyway.

 
Link Posted: 9/3/2015 10:21:16 PM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Not to worry if you live in DeKalb, everyone gets shot anyway.  
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Quoted:
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Hopefully full recoveries for all parties.


For sure. Poor dog though(in all seriousness not a cop dog joke). Any word on the homeowners condition? All I saw was the update on the LEO in surgery.


Shoot my dog, you're getting shot. None of this "it's just a dog bs either". Forgive the knee jerk reaction, but my dog is like my kid.
Not to worry if you live in DeKalb, everyone gets shot anyway.  


Pretty much.
Link Posted: 9/3/2015 11:32:11 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Not to worry if you live in DeKalb, everyone gets shot anyway.  
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
Hopefully full recoveries for all parties.


For sure. Poor dog though(in all seriousness not a cop dog joke). Any word on the homeowners condition? All I saw was the update on the LEO in surgery.


Shoot my dog, you're getting shot. None of this "it's just a dog bs either". Forgive the knee jerk reaction, but my dog is like my kid.
Not to worry if you live in DeKalb, everyone gets shot anyway.  


OK, I just busted out laughing at this, much to the chagrin of my neighbors that are probably trying to sleep.
Link Posted: 9/4/2015 3:35:26 PM EDT
[#26]
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Quoted:


I'd tell her we all agree with her, and then when the lawsuit settles you can be all like "huh, we were ALL wrong but now we know".
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Somebody tell me who's right...

My lovely wife, who had nineteen years in law enforcement down in Florida before she went out on medical disability, says that the officers had every right to make entry into the house, and therefore the homeowner gets what he got and it's all a case of "No harm, no foul."

I say, no... the only way they have the right to enter is if they are invited in, have a warrant, are in hot pursuit, or can articulate just cause - they hear screaming, gunshots, whatever.  Since none of those apply in this case (all they had to go on was a vague description of a house that may or may not exist), they're in for the full ride...






Not even sure how you respond to that coming from your wife.


I'd tell her we all agree with her, and then when the lawsuit settles you can be all like "huh, we were ALL wrong but now we know".


This man gets it.

Seriously, though... She's been disabled for several years.  Has a key fob linked to the home alarm that will automatically call EMS if she ever falls or has any other kind of emergency.  Sad, seeing as we're both in our early 50's.  Her attitude is that if she ever needs help, she doesn't care if the responders have to bust the front door down to get to her.  In her opinion, the officers were doing their duties to the best of their abilities, and that's about all you can ask for...
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