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9/22/2017 12:11:25 AM
Posted: 9/9/2005 4:28:19 PM EDT
[Last Edit: 9/9/2005 4:46:15 PM EDT by TxLawDog]
The last situation went pretty well and I got some good feedback and poll results so I thought that I would try another. The following 'scenario' was passed on to me by a supervisor from one of the alphabet agencies who is handling the civil rights violation investigation (which hasn't been finalized yet). As he was telling me the story I thought that it would make for some interesting discussion. The Supervisor said that as long as I kept specific agencies and names out of this it would be okay. The following information was kept as close as possible to the actual facts and if you recognize the Agency, don't mention them specifically.

Approximately 17 months ago there was a Mexican Mafia enforcer who had a reputation for killing informants and people associated with the M/M who didn't play by their rules. This person had worked his way up in the M/M and was at that time distributing large amounts of cocaine. The Agency involved had started a narcotic's investigation to put the guy away, including UC buys, etc. The Agency had finally gathered enough evidence for an arrest warrant and was outside of his house on a surveillance/arrest operation. The house had a garage attached and after dark a vehicle left the garage 'blacked out' i.e. no lights. As the vehicle drove away the Agency began to follow and initiated a traffic stop with both marked and unmarked cars. Because the suspect was violent and had a history of murder it was decided that a Felony Stop would be conducted. When the marked units tried to stop the vehicle it didn't immediately stop but instead slowed. The marked units lit up the suspect vehicle with their spot lights and when they did the driver raised their arm behind them and opened their hand. They couldn't get a clear view of the driver but the car wasn't stopping. The Officers thought that the driver was raising their hand to fire a weapon. While the vehicle was still moving the Officers in the lead vehicles opened fire on the moving suspect vehicle, killing the driver. The driver was the suspect's 13 year old daughter. After the vehicle rolled to a stop, the Officer's ran up and there was another person hiding in the passenger seat. During the debrief, he admitted that the Suspect had ordered his daughter to drive away from the house with the lights off to lure the Officers away so that he could escape while they were gone. The passenger said that the girl had put her hand up to block the spotlights because they were blinding her while she was driving.
The Agency charged the father in the girl's death because they were able to prove that she had acted under his authority and that it had directly resulted in her death. The Suspect is currently serving 45 years for the drugs and her death.

What are your thoughts on the Agency's liability? I'm not going to include a poll this time, I'm just interested in your thoughts.
Link Posted: 9/9/2005 6:14:41 PM EDT
Oh what the hell, I'll chime in on this one as well.

Lets see:

1. Shooting into a MOVING vehicle at:

2. A Target that they said they could not "clearly see" that was:

3. Raising their arm and "opening" their hand....

Hummmm.............................

Don't look good for the hometeam.

As far as the dad getting charged, I'm good with that.
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