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Posted: 12/1/2007 6:08:47 PM EDT
[Last Edit: 12/1/2007 6:21:16 PM EDT by Harley1647]
In Austin TX over the summer, two officers get a complaint that a specific suspect in a club parking lot was UCW (unlawfully carry a weapon). The two officers make the approach and the suspect swings on them and flees. During the resulting foot pursuit the two officers get seperated and the SGT (a 12 year veteran) remains in pursuit when he sees the suspect drawing something from his waistline. The officer states he is "100% certain" that the suspect was drawing a firearm. The SGT fires, believing his life is in danger and drops the suspect.

The suspect falls on his belly, hands underneath him and would not show his hands. Believing the threat to still exist the SGt fires again, ending the threat (and the suspect).

Autopsy shows the suspect was struck twice in the back and a .25 caliber auto was recovered about 25 feet from the body. The suspect had previously been convicted of Aggrevated Robbery. On the minus side he is a minority and the SGT is caucasion. As per SOP, the NAACP goes crazy...

While the DA declines to pursue the matter, the new police Chief fires the SGT, saying that he should have waited for additional backup.

I think the SGT has valid appeal in this firing. Opinions?
Link Posted: 12/1/2007 6:22:29 PM EDT
With the facts AS LISTED then there is plenty to appeal, at least here in MI.

Some states have very different employment laws and I can't comment on TX as I have no idea what their status is.

I have appeal disciplines before as a union official and there are all kinds of things that apply.

Someone very familiar with that case and the policies involved would have to look it over.

Joe
Link Posted: 12/1/2007 6:41:47 PM EDT
Contact CLEAT and take it from there. Sounds like plenty to appeal the firing with, is the only information is that information provided.
Link Posted: 12/1/2007 6:59:35 PM EDT
My understanding is that CLEAT is already working on it...personally I'm on the outside looking in....I just hate to see a good cop get screwed for what looks like a clean shooting.

If this firing holds then a 12 year career is flushed because Nelson Linder (NAACP) likes to read his name in the paper....
Link Posted: 12/2/2007 8:28:04 AM EDT

Originally Posted By Harley1647:
In Austin TX over the summer, two officers get a complaint that a specific suspect in a club parking lot was UCW (unlawfully carry a weapon).

Who did the complaint come from? It sounds like the complaint came directly to the officers and wasn't a call being routed to them.

Autopsy shows the suspect was struck twice in the back and a .25 caliber auto was recovered about 25 feet from the body. The suspect had previously been convicted of Aggrevated Robbery. On the minus side he is a minority and the SGT is caucasion. As per SOP, the NAACP goes crazy...

Unless they're was a lot of evidence it was a throw-down (did they find the "actual" gun back in his car, etc?), sounds like a good shoot.

Who tosses a throw-down 25 feet from the body? Sounds more likely it was his gun and it tumbled/slid when he went down (he *was* fleeing, so the gun would have momentum).
Link Posted: 12/2/2007 8:36:39 AM EDT
John might know something about this, he is in Austin after all. If we're to believe his screen name anyway. Although if it's an active internal case, he may not be able to comment.
Link Posted: 12/2/2007 8:50:40 AM EDT
This is not the place to ask. Without having been there or otherwise involved in the incident, no one can say. And even if involved it's in appropriate to comment on an invest.
Link Posted: 12/2/2007 7:56:07 PM EDT
WARPIG8564, DITTO.
Link Posted: 12/2/2007 8:01:42 PM EDT
from what i've heard about APD, it doesn't surprise me.
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