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9/22/2017 12:11:25 AM
Posted: 7/31/2005 11:17:57 PM EDT
[Last Edit: 7/31/2005 11:19:45 PM EDT by AR15fan]
New Mexico Deputy Will Plead Guilty in Shooting of Man

ASSOCIATED PRESS



ALAMOGORDO, N.M. (AP) -- An Otero County sheriff's sergeant accused in the shooting death of a man who had killed his partner moments before will plead guilty to a charge of voluntary manslaughter, his attorney says.

The U.S. attorney told Billy Anders' defense team that if he didn't enter a plea by Monday, District Attorney Scot Key would dismiss state charges and the federal prosecutor would charge Anders with violating civil rights resulting in death _ which carries stiffer penalties, Alamogordo attorney Robert Doughty II said Friday in a telephone conversation with The Associated Press.

A change of plea hearing is set for 8:15 a.m. Monday before state District Judge James W. Counts.

''This is a tragic, tragic situation to a longtime good citizen. ... There's only so much a law enforcement officer can take,'' Doughty said. ''He will put himself in the hands of Jim Counts and the good Lord.''

Key could not be reached for comment.

In March, an Otero County grand jury indicted Anders, a 33-year law enforcement veteran, on the charge of voluntary manslaughter, with a firearms enhancement, in the Dec. 18 death of Earl Flippen.

Anders will plea to that charge with no consideration from the state, Doughty said. The firearms enhancement means penalties could be increased.

The agreement calls for a maximum sentence of seven years.

Prosecutors allege Anders wounded and subdued Flippen, then fired a final shot at him.

Doughty does not expect Anders to be sentenced Monday. ''There'll probably be a lengthy sentencing hearing down the road,'' he said.

Anders, who has had widespread support in Otero County, feels he's letting his friends down by entering the plea, Doughty added.

Anders and Deputy Robert Hedman responded to a report of shots fired at a home Flippen rented near Cloudcroft. When Flippen _ later discovered to have shot and killed his pregnant girlfriend _ refused to let them in, Hedman went to the back door and Anders called for back-up.

According to an autopsy report, Flippen shot and killed Hedman with a single gunshot to the head.

He then came around the side of the house, exchanged gunfire with Anders and was shot.

Prosecutors had alleged Flippen was hit by a bullet and was incapacitated, had been handcuffed, and was not a threat to the officer or anyone else when he was shot again.


A medical examiner's report said Flippen's body arrived for an autopsy with his hands cuffed behind his back. His pockets contained seven unfired bullets.

A gunshot wound to the right side of Flippen's chest was surrounded by ''gunpowder stippling'' a gunpowder burn indicative of a close-range shot, the autopsy report states.

The medical examiner said the chest wound perforated the heart and both lungs and resulted in ''significant internal bleeding.'' Another bullet wound in the head lacerated the brain and lodged behind the left eye.

Flippen also sustained wounds to his left hand and left upper arm.

An autopsy report on Hedman said he died instantly from a gunshot wound to the head fired from a distance. The report labeled his death a homicide.


Link Posted: 7/31/2005 11:24:31 PM EDT
May God look after Deputy Anders.
Link Posted: 7/31/2005 11:27:16 PM EDT
He put the double murdering shitbag down like the mad dog that he was. Too bad it was technically illegal.
Link Posted: 7/31/2005 11:27:52 PM EDT

There's only so much a law enforcement officer man can take

Agreed. The man killed his pregnant girlfriend and a cop. I've never even hit anyone in anger, but I know that in that same situation I would probably pull the trigger just like the officer did.


violating civil rights resulting in death

Now that's a load of BS.z
Link Posted: 7/31/2005 11:29:58 PM EDT
Reminds me of the final scene of Seven when Brad Pitt's character kills Kevin Spacey's character.
Link Posted: 7/31/2005 11:32:10 PM EDT
I would have done the same. Best of luck to the Officer....
Link Posted: 7/31/2005 11:44:23 PM EDT

Originally Posted By AR15fan:
He put the double murdering shitbag down like the mad dog that he was. Too bad it was technically illegal.



+a couple hundred
Link Posted: 7/31/2005 11:50:23 PM EDT
He should have left the cuffs off.

I hope he at least gets the minimum.
Link Posted: 8/1/2005 12:14:22 AM EDT
he needed to die, the officer should not only get a pat on the back but the key to the city
Link Posted: 8/1/2005 12:27:54 AM EDT
He ought to plead not guilty.
Link Posted: 8/1/2005 12:41:55 AM EDT
I really can't believe he's pleading to state charges - and facing going to a state pen.

At least if he got the federal charges, and was convicted, he could spend his time in much better institutions. As it is, he'll probably get shanked in the shower by the shitbags.

Poor guy - at least he's not to far from the border.
Link Posted: 8/1/2005 9:10:58 AM EDT
Damn. He should have taken a minute or two to get things straight. Talk about a stressful situation.
Link Posted: 8/1/2005 9:20:01 AM EDT
I would plead "negligent discharge" and wait for my walking papers from the force. The law's the law, but the last thing thing he did as a cop was do the city a favor.
Link Posted: 8/1/2005 9:21:17 AM EDT
That's just sad. I like how the Feds get involved and say do this or we are going to do something worse. Just wrong.

I hope the Judge goes light on the sentece.
Link Posted: 8/1/2005 9:22:07 AM EDT
Link Posted: 8/1/2005 9:23:34 AM EDT

Originally Posted By ChrisLe:
I would have done the same. Best of luck to the Officer....



Roger that!
Link Posted: 8/1/2005 9:30:37 AM EDT
Now if judges still had the ability to judge it would be a different story.
Link Posted: 8/1/2005 9:31:51 AM EDT
[Last Edit: 8/1/2005 9:32:15 AM EDT by danco]

Originally Posted By AR15fan:
Prosecutors allege Anders wounded and subdued Flippen, then fired a final shot at him.



Sorry to sound like a liberal, but since the police will soon be the only ones allowed to own and posses guns in this country and will have a virtual monopoly on the lawful use of deadly force, I think it's entirely appropriate to hold them to a higher standard.

Notwithstanding all the botched no-knock warrants that result in innocent deaths, it's not the police's job to execute suspects, known shitheads or not...

Yes, I'm sure Sergent Anders was under a tremendous amount of stress, but that's where "professionalism" comes in.

—Dan
Link Posted: 8/1/2005 9:34:41 AM EDT
Whats right isnt always legal.
Good luck to him.
Link Posted: 8/1/2005 9:35:00 AM EDT
Damn I know the guy he killed was scum and all guys, but this is a country of laws, IF and I stress that IF that officer indeed shot a subdued, cuffed man, he broke the law, he broke the public trust. He SHOULD go to jail because he became no better then the criminal he killed.

Part of me also thinks he should walk free........
Link Posted: 8/1/2005 9:53:38 AM EDT
He should plead not guilty by reason of he needed killin.
Link Posted: 8/1/2005 9:58:06 AM EDT

Originally Posted By Bama-Shooter:
That's just sad. I like how the Feds get involved and say do this or we are going to do something worse. Just wrong.



It's pretty common.

Very often cops facing minor excessive force claims will, be given the option of resigning rather than facing local charges by the DA. In serious cases the DA & Feds will sometimes both prosecute (rodney king)
Link Posted: 8/1/2005 9:58:07 AM EDT
Maybe he'll get probation w/ 20 hours of community service w/ time served already servicing the community of riding it of that shitbag.

Agreed he probably should have taken two steps back to clear his head before he pulled the trigger but then being a Monday morning quarterback is easy.

Good luck to you Deputy.
Link Posted: 8/1/2005 10:01:03 AM EDT
Anders did us all a public service by putting down that animal Flippen. Anders is a good man. I wish him all the best.
Link Posted: 8/1/2005 10:05:26 AM EDT
[Last Edit: 8/1/2005 10:06:12 AM EDT by heron163]

Originally Posted By bblake00:
He should have left the cuffs off.



Cuffs on is SOP, dead or not!

edit to add - my best wishes to the officer
Link Posted: 8/1/2005 9:07:04 PM EDT
New Mexico Deputy Pleads Guilty to Voluntary Manslaughter

ASSOCIATED PRESS



ALAMOGORDO, N.M. (AP) -- An Otero County sheriff's sergeant accused of shooting a man who killed his partner moments before pleaded guilty Monday to a charge of voluntary manslaughter.

Billy Anders, a 33-year law enforcement veteran, entered his plea before state District Judge James W. Counts. The charge carries a firearm enhancement.

Counts did not immediately set a sentencing date. A plea agreement calls for a maximum sentence of seven years in prison.

An Otero County grand jury in March indicted Anders in the death last Dec. 18 of Earl Flippen.

Anders and fellow Deputy Robert Hedman had responded to reports of shots fired at a home Flippen rented near Cloudcroft.

Flippen refused to let them in, and Hedman went to the back door. Anders called for backup.

Flippen killed Hedman with a single gunshot to the head, an autopsy report said.

Flippen then came around the side of the house, exchanged gunfire with Anders and was shot.

Authorities later discovered that Flippen had fatally shot his pregnant girlfriend.

Prosecutors had alleged Flippen was hit by a bullet and was incapacitated, had been handcuffed, and was not a threat to the officer or anyone else when he was shot again.

A medical examiner's report said Flippen's body arrived for an autopsy with his hands cuffed behind his back. His pockets contained seven unfired bullets.

A gunshot wound to the right side of Flippen's chest was surrounded by ''gunpowder stippling'' a gunpowder burn indicative of a close-range shot, the autopsy report said.

The medical examiner said the chest wound perforated the heart and both lungs and resulted in ''significant internal bleeding.'' Another bullet wound in the head lacerated the brain and lodged behind the left eye.

Flippen also sustained wounds to his left hand and left upper arm.

An autopsy report on Hedman said he died instantly from a gunshot wound to the head fired from a distance. The report labeled his death a homicide.

Link Posted: 8/1/2005 9:21:35 PM EDT
I know Billy Anders. He retired from Our PD in San Antonio. It's hard to see him go through this. I used to work for him. He really is a nice guy. May God watch over you Billy.
Link Posted: 8/1/2005 9:41:40 PM EDT

Originally Posted By Bama-Shooter:
That's just sad. I like how the Feds get involved and say do this or we are going to do something worse. Just wrong.

I hope the Judge goes light on the sentece.




Like when the Judge asks him. "Did anyone influence you or promise anything in return for your guilty plea?"

"Yes, your honor, the US Attorney threatened to indict me on federal charges if I didn't plead guilty to this state charge, and the potential penalty for that charge is more severe. I'm not a gambling man, your honor."



Link Posted: 8/1/2005 9:47:58 PM EDT
In a charge like that is probation or deferred adjudication possible?
Link Posted: 8/2/2005 7:18:55 AM EDT


Flippen killed Hedman with a single gunshot to the head, an autopsy report said.


Prosecutors had alleged Flippen was hit by a bullet and was incapacitated, had been handcuffed, and was not a threat to the officer or anyone else when he was shot again.


A gunshot wound to the right side of Flippen's chest was surrounded by ''gunpowder stippling'' a gunpowder burn indicative of a close-range shot, the autopsy report said.

The medical examiner said the chest wound perforated the heart and both lungs and resulted in ''significant internal bleeding.'' Another bullet wound in the head lacerated the brain and lodged behind the left eye.

Flippen also sustained wounds to his left hand and left upper arm.

An autopsy report on Hedman said he died instantly from a gunshot wound to the head fired from a distance. The report labeled his death a homicide.





I don't really get it. They are saying once he was handcuffed, he was executed at close range. The fatal shot was the head shot that ocurred from a distance as the chest shot is the one with the powder residue.

Now I guess they could be saying the gunfight ended up close with the chest shot and he then handcuffed him, stepped back, and then took the fatal head shot.

I do wish him the best. Take out the trash and get hammered for it.

Semper Fi,
ASO544
Link Posted: 8/2/2005 7:31:48 AM EDT
[Last Edit: 8/2/2005 7:32:52 AM EDT by photoman]

Originally Posted By ASO544:


Flippen killed Hedman with a single gunshot to the head, an autopsy report said.


Prosecutors had alleged Flippen was hit by a bullet and was incapacitated, had been handcuffed, and was not a threat to the officer or anyone else when he was shot again.


A gunshot wound to the right side of Flippen's chest was surrounded by ''gunpowder stippling'' a gunpowder burn indicative of a close-range shot, the autopsy report said.

The medical examiner said the chest wound perforated the heart and both lungs and resulted in ''significant internal bleeding.'' Another bullet wound in the head lacerated the brain and lodged behind the left eye.

Flippen also sustained wounds to his left hand and left upper arm.

An autopsy report on Hedman said he died instantly from a gunshot wound to the head fired from a distance. The report labeled his death a homicide.





I don't really get it. They are saying once he was handcuffed, he was executed at close range. The fatal shot was the head shot that ocurred from a distance as the chest shot is the one with the powder residue.

Now I guess they could be saying the gunfight ended up close with the chest shot and he then handcuffed him, stepped back, and then took the fatal head shot.

I do wish him the best. Take out the trash and get hammered for it.

Semper Fi,
ASO544



Nowhere does this artical mention that the fatal shot for the suspect(flippen)was the head shot. They said the head shot on the officer was fatal.

The gunpowder residue can be easily explained if the initial confrontation between the two was at very short range.

I still say if the cop murdered the guy, lock his ass up as what he did makes him no better then the criminal he shot. We have laws in this here country and he took the job of enforcing the law. He stepped over that line and did wrong, now he should if he really did it, pay the price for those actions.

Link Posted: 8/2/2005 7:46:15 AM EDT

Originally Posted By photoman:

Nowhere does this artical mention that the fatal shot for the suspect(flippen)was the head shot. They said the head shot on the officer was fatal.

The gunpowder residue can be easily explained if the initial confrontation between the two was at very short range.

I still say if the cop murdered the guy, lock his ass up as what he did makes him no better then the criminal he shot. We have laws in this here country and he took the job of enforcing the law. He stepped over that line and did wrong, now he should if he really did it, pay the price for those actions.




I agree to some extent but I would sure hope I had the control to watch my friend executed and still not put him down. It does not make him "no better". I'm sorry but I understand why you can't allow it, but I COMPLETELY understand it. This guy shot a pregnant woman and killed his partner with a head shot. I can't muster a bleeding heart for him or his demise.
Link Posted: 8/2/2005 7:50:58 AM EDT
I hope the COs look after him.
Link Posted: 8/2/2005 7:59:33 AM EDT
Well, I think we all know that if cops entered your home illegally and shot your wife wrongfully then you killed them you would be fucked.
You would be enraged, it was your partner (life partner, not job partner) and you might have succumbed to the anger but you would still be fucked.

Well, so is this cop.
Link Posted: 8/2/2005 7:59:53 AM EDT

Originally Posted By Grunteled:

Originally Posted By photoman:

Nowhere does this artical mention that the fatal shot for the suspect(flippen)was the head shot. They said the head shot on the officer was fatal.

The gunpowder residue can be easily explained if the initial confrontation between the two was at very short range.

I still say if the cop murdered the guy, lock his ass up as what he did makes him no better then the criminal he shot. We have laws in this here country and he took the job of enforcing the law. He stepped over that line and did wrong, now he should if he really did it, pay the price for those actions.




I agree to some extent but I would sure hope I had the control to watch my friend executed and still not put him down. It does not make him "no better". I'm sorry but I understand why you can't allow it, but I COMPLETELY understand it. This guy shot a pregnant woman and killed his partner with a head shot. I can't muster a bleeding heart for him or his demise.



Actually had he killed him in the course of the shoot out I'd have no problems with it, what I have a problem with, and what makes him no better then the POS he killed is that he took the law into his own hands. He played judge, jury and executioner. That is not acceptable at all, not by you, not by me, and damn sure not by a Cop. I have no problems with the POS being dead, none at all. What I have issues with is some of the guys here saying that he should walk because all he did was kill a POS. Thats not not all he did.
Link Posted: 8/2/2005 8:05:17 AM EDT

Originally Posted By npd233:

Originally Posted By Bama-Shooter:
That's just sad. I like how the Feds get involved and say do this or we are going to do something worse. Just wrong.

I hope the Judge goes light on the sentece.




Like when the Judge asks him. "Did anyone influence you or promise anything in return for your guilty plea?"

"Yes, your honor, the US Attorney threatened to indict me on federal charges if I didn't plead guilty to this state charge, and the potential penalty for that charge is more severe. I'm not a gambling man, your honor."



I wonder what the judge would say in response to that?
Link Posted: 8/2/2005 8:07:31 AM EDT
Would he not be best served by going before a jury in this instance?
Link Posted: 8/2/2005 8:08:48 AM EDT

Originally Posted By Leisure_Shoot:
Would he not be best served by going before a jury in this instance?



Would we be allowed to up the charge to capital murder?
Link Posted: 8/2/2005 8:35:47 AM EDT

Originally Posted By IAMLEGEND:

Originally Posted By Leisure_Shoot:
Would he not be best served by going before a jury in this instance?



Would we be allowed to up the charge to capital murder?



Depending on the jurisdiction, the grand jury might "no bill" it.

Of course his attorney gets paid to run through all of these scenarios.
Link Posted: 8/2/2005 8:41:45 AM EDT
my, how far we've come in the name of progress and civil rights.
Link Posted: 8/2/2005 8:43:22 AM EDT
[Last Edit: 8/2/2005 8:45:30 AM EDT by ASO544]



Nowhere does this artical mention that the fatal shot for the suspect(flippen)was the head shot. They said the head shot on the officer was fatal.

The gunpowder residue can be easily explained if the initial confrontation between the two was at very short range.

I still say if the cop murdered the guy, lock his ass up as what he did makes him no better then the criminal he shot. We have laws in this here country and he took the job of enforcing the law. He stepped over that line and did wrong, now he should if he really did it, pay the price for those actions.





Damn, I guess I need to learn to read better or get more sleep. I also agree that the CO's will really take care of this guy.

I believe that .5 hours of community service should suffice with "time" already served!

Semper Fi,
ASO544

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