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AR15.COM
2/18/2004 7:28:16 PM EDT
While he's running away, and most likely unarmed, no less.

cynic
----------------------------------------
sfgate.com/cgi-bin/article.cgi?f=/chronicle/a/2004/02/18/BAG30530P31.DTL

Agent kills man in San Jose case of mistaken ID
Plan to take parolee into custody results in chase, shooting

Charlie Goodyear, Chronicle Staff Writer Wednesday, February 18, 2004


------------------------------------------------------------------------

An attempt to apprehend a parolee believed to be armed and dangerous ended Tuesday with a state Bureau of Narcotic Enforcement agent shooting to death another man in an apparent case of mistaken identity.

The incident in San Jose began at about 12:30 p.m. when state drug agents and a member of the State Parole Fugitive Apprehension Team went to a house in the 800 block of North 14th Street. They were there to take an alleged parole violator, David Gonzales, into custody.

At 1:10 p.m., an agent saw a man matching Gonzales' description get into a van and drive away from the house, according to the San Jose Police Department. At 1:17 p.m. a dispatcher received a call advising that agents, driving three unmarked cars, were in pursuit of the van. Near the intersection of North Fourth and St. James streets, the driver stopped the van and ran away.

During the foot pursuit, the state drug agent fired several shots from his gun, hitting the man, according to San Jose police. The man was taken to San Jose Medical Center, where he died. The man was identified and found not to be Gonzales.

Authorities did not identify the dead man and refused to say if he was armed during the incident. San Jose police said they were treating the shooting as a homicide.

State authorities and San Jose police later arrested Gonzales at his residence. Hallye Jordan, a spokeswoman for the state Department of Justice, said the unidentified drug agent had been placed on administrative leave pending an investigation of the incident.

The Santa Clara district attorney's office and state officials plan to monitor the investigation, according to police.

Anyone with information on the case is urged to call Detective Sgt. Terry Simpson or Detective Byron Jones of the San Jose police homicide unit at (408) 277-5283. Those wishing to remain anonymous can call Crime Stoppers at (408) 947-7867.

E-mail Charlie Goodyear at [email protected].
2/18/2004 9:37:25 PM EDT
[#1]
Hmm...have we sunk so far that this type of thing has actually become a non-event, unworthy of comment?

[thinking]

cynic
2/18/2004 9:40:00 PM EDT
[#2]
I guess.  

If it gets to the point ARF doesn't care, we are Truely "de-sensitized".
2/18/2004 9:44:05 PM EDT
[#3]
Quoted:
Hmm...have we sunk so far that this type of thing has actually become a non-event, unworthy of comment?

[thinking]

cynic
View Quote


yes
2/18/2004 9:47:26 PM EDT
[#4]
"oooops, sorry dude.  Your under arrest for impersonating a criminal."
2/18/2004 9:49:57 PM EDT
[#5]
Quoted:
Hmm...have we sunk so far that this type of thing has actually become a non-event, unworthy of comment?

[thinking]

cynic
View Quote


No; the users of this forum got pussy-whipped into submission by the forum's moderators and will thus refrain from making any comments about cops.
Now /me/, I don't give a shit. One Mexican, or another, does it matter?
2/18/2004 9:53:46 PM EDT
[#6]
I'm sure he deserved it.  He wouldn't have run away from the [cough]unmarked[/cough] cars otherwise.  This criminal scum was asking for it.
2/18/2004 9:56:47 PM EDT
[#7]
Strange...Lots of details need to be filed in.  I have only had to deal with BNE agents once, and it was not positive. They called me wanting to know if i would take one of their arrests for them. I told them "you catch em, you clean em."  Not the answer they wanted to hear, so they let the FELON go and said they would go paper on the complaint rather than book him.  lazy fvckers.
2/18/2004 9:59:48 PM EDT
[#8]
Another casualty in the war on drugs.
2/18/2004 10:48:34 PM EDT
[#9]
I sure hope the agent is on paid leave so that he doesn't have to wory about the mortgage, until he gets cleared of wrongdoing.
2/18/2004 10:52:07 PM EDT
[#10]
I believe everything I read in the papers.
2/18/2004 10:55:53 PM EDT
[#11]
It was a good shoot. Trust me.
2/18/2004 11:05:16 PM EDT
[#12]
But, the criminal was ARMED and dangerous. [rolleyes]
He did it for the kids!
[Mr. Mackey voice]Drugs are bad, MMMMKay.[Mr. Mackey voice]
2/18/2004 11:14:04 PM EDT
[#13]
Simply more evidence for not running from the police. I love watching those foot pursuits on Cops...

[blue]"I stopped you because your lights weren't on! Why'd you run!"[/blue]

[red]"Cuz I wus scared sir!"[/red]

Maybe they'll stand still now!



Obviously that guy was a criminal if he ran. While I certainly don't want to subscribe to that theme for its long term consequences, I'm sure that this guy was an illegal at a minimum, & likely felon anyways.
2/18/2004 11:26:37 PM EDT
[#14]
Paid vacation hell yeah who do i got to shoot?
2/18/2004 11:35:17 PM EDT
[#15]
Quoted:
Obvously that guy was a criminal if he ran. While I certainly don't want to subscribe to that theme for its long term consequences, I'm sure that this guy was an illegal at a minimum, & likely felon anyways.
View Quote



But did he deserve to get gunned down for it?, If he was armed and made a threat to the officer then I could see that there is a possible good shoot......


If it is found that he was unarmed I would like to see the officer given the same treatment as a civ. in the court system...even the death sentence if it shows that much.
2/18/2004 11:40:34 PM EDT
[#16]
Is it honorable to get shot in the back?
2/18/2004 11:41:20 PM EDT
[#17]
Quoted:
Quoted:
Obvously that guy was a criminal if he ran. While I certainly don't want to subscribe to that theme for its long term consequences, I'm sure that this guy was an illegal at a minimum, & likely felon anyways.
View Quote



But did he deserve to get gunned down for it?, If he was armed and made a threat to the officer then I could see that there is a possible good shoot......


If it is found that he was unarmed I would like to see the officer given the same treatment as a civ. in the court system...even the death sentence if it shows that much.
View Quote
Fleeing felon......


There was once a day, but the liberals have since taken over.

See mirror.
2/19/2004 12:17:31 AM EDT
[#18]
Quoted:

But did he deserve to get gunned down for it?
View Quote


In the limited scope of the incident I cannot disagree with you. In the broad scope? Who knows? If I were a betting man, I'd feel confident that justice was served... even if by accident. I don't condone this as a solution to the crime problem, but you can bet your sweet ass I won't be shedding any tears for the "victim".


If it is found that he was unarmed I would like to see the officer given the same treatment as a civ.
View Quote


Well if he fucked up then he should get what's coming to him. That's how it [s]works[/s] should work.
2/19/2004 12:38:35 AM EDT
[#19]
Quoted:

Fleeing felon......
View Quote


Where exactly in the article does it say he is...er....was...a felon?

More details will be forthcoming in the morning, I'm sure, but at this point there's not even mention made of the dead guy being associated in any way with the intended mark.

cynic
2/19/2004 12:43:22 AM EDT
[#20]
Quoted:
Where exactly in the article does it say he is...er....was...a felon?
View Quote


The part where it said he ran [;)].
2/19/2004 12:47:01 AM EDT
[#21]
Where exactly in the article does it say he is...er....was...a felon?
View Quote


Uh, right here
An attempt to apprehend a parolee believed to be armed and dangerous ended Tuesday with a state Bureau of Narcotic Enforcement agent shooting to death another man in an apparent case of mistaken identity.
View Quote


Or it WOULD have been a fleeing felon-if they had had the right guy.
My guess is it was just someone that the wanted man was selling dope to, and thats why he bolted when pulled over.
In Californa you are not allowed to shoot even a prison escapee for just running away so the agent has some explaining to do.
2/19/2004 1:00:26 AM EDT
[#22]
Quoted:
Quoted:
Quoted:
Obvously that guy was a criminal if he ran. While I certainly don't want to subscribe to that theme for its long term consequences, I'm sure that this guy was an illegal at a minimum, & likely felon anyways.
View Quote



But did he deserve to get gunned down for it?, If he was armed and made a threat to the officer then I could see that there is a possible good shoot......


If it is found that he was unarmed I would like to see the officer given the same treatment as a civ. in the court system...even the death sentence if it shows that much.
View Quote
Fleeing felon......


There was once a day, but the liberals have since taken over.

See mirror.
View Quote


I want to say Fuck you!...but I wont. [:D]

I gave both sides, I work with shitty cops, and good ones.

If there is no wep. found I say [b]MURDER IN COLD BLOOD![/b]
2/19/2004 1:07:03 AM EDT
[#23]
Quoted:
I want to say Fuck you!...but I wont. [:D]
View Quote


[LOL] That's gotta be the most tension displayed from behind a smiley yet!
2/19/2004 1:23:51 AM EDT
[#24]
[img]http://photos.ar15.com/WS_Content/ImageGallery/Attachments/DispThumb.asp?sAccountUnq=10530&iGalleryUnq=124&sThumbnail=a_34smiley_cry.gif[/img]
2/19/2004 8:29:25 AM EDT
[#25]
Shooting fleeing felons kind of went out with Tennessee v. Garner in 1985.
2/19/2004 8:34:14 AM EDT
[#26]
Criminal with badge wins everytime. I just with they'd get it over with and declare everything a crime so we dould have our much needed revolution and set things right again. I'm sick of police killers like this.
2/19/2004 8:36:04 AM EDT
[#27]
If he wasn't guilty of trafficking drugs, he was guilty of something else.  Did anyone check the back of his van for naked 11 year old girls?  Has anyone [s]planted[/s] CHECKED his home for offending child porn?

Legally, you can run from the cops (on foot) if you haven't done anything wrong, but you'd be a dumbass to do it, unless you're training for a marathon or something.
2/19/2004 8:40:04 AM EDT
[#28]
Quoted:
Criminal with badge wins everytime. I just with they'd get it over with and declare everything a crime so we dould have our much needed revolution and set things right again. I'm sick of police killers like this.
View Quote


Morning Cain, hows thing at the Johnson Space Center today?
2/19/2004 8:45:24 AM EDT
[#29]
Quoted:
"oooops, sorry dude.  Your under arrest for impersonating a criminal."
View Quote



Well something made him run from the cops after ditching the van so something wasn't right from the get go. If he was a good guy he would have had no reason to run. I'll wait for more info before saying much else.
2/19/2004 8:54:25 AM EDT
[#30]
Quoted:
If he wasn't guilty of trafficking drugs, he was guilty of something else.  Did anyone check the back of his van for naked 11 year old girls?  Has anyone [s]planted[/s] CHECKED his home for offending child porn?

Legally, you can run from the cops (on foot) if you haven't done anything wrong, but you'd be a dumbass to do it, unless you're training for a marathon or something.
View Quote


Round here IIRC even if you ain't done a damn thing wrong if a cop wants to talk to you and you run even with not being wanted or having broken a law, thats fleeing and evading, which is in and of itself a crime. At least thats what I got out of what happened to a buddy last year when he got chargedwith just that for [b]walking[/b] away from an officer who wanted to ask him some questions, about something that didn't even involve him.
2/19/2004 8:55:33 AM EDT
[#31]
I'm sure the officers involved in the shooting did everything in their power to [s]shoot the unarmed man in the back[/s] apprehend the actual criminal in this case.

It's a good thing the officers are all OK.
2/19/2004 9:03:39 AM EDT
[#32]
yup...he ran...just cause for dumping a mag into his back if i ever heard it.

send the ammunition bill to his relatives.
2/19/2004 11:56:23 AM EDT
[#33]
Quoted:
Quoted:
Hmm...have we sunk so far that this type of thing has actually become a non-event, unworthy of comment?

[thinking]

cynic
View Quote


No; the users of this forum got pussy-whipped into submission by the forum's moderators and will thus refrain from making any comments about cops.
Now /me/, I don't give a shit. One Mexican, or another, does it matter?
View Quote



Not everyone with a hispanic-sounding last name is Mexican you racist Kraut.  See how it feels?

NOTE TO MODERATORS: The above hyperbole was for illustrative purposes only. I myself am quarter German and approaching fluency.  Thank you, that is all.
2/19/2004 2:38:31 PM EDT
[#34]
Just because no one else has said it yet.....
"At least the officer went home safely." [rolleyes]
2/19/2004 3:26:23 PM EDT
[#35]
Quoted:
Quoted:
Hmm...have we sunk so far that this type of thing has actually become a non-event, unworthy of comment?

[thinking]

cynic
View Quote


No; the users of this forum got pussy-whipped into submission by the forum's moderators and will thus refrain from making any comments about cops.
Now /me/,[red] I don't give a shit. One Mexican, or another, does it matter?[/red]
View Quote


Hey idiot why dont you keep your racist bullshit to yourself. By the way you'd be glad to know that many thousands of hispanic-americans fought to crush the German Nazi's.

As far as the shooting goes , it absolutly does not fall under any type of fleeing felon situation as the victim was not fleeing from a felony. there appears to be no justification in this situation. The Officer cant even argue it as an accident because of the fact that he fired several rounds. Bad shoot.
2/19/2004 3:34:16 PM EDT
[#36]
Quoted:
Shooting fleeing felons kind of went out with Tennessee v. Garner in 1985.
View Quote


Thats incorrect . The US Supreme Court ruled in Garner vs. Tennesee that the force used by the Officer was both unnecessary and excessive.

You can however use DPF against a fleeing felon when there exists imminent danger of serious physical injury or death and/or the actions of the perpetrator pose a contining threat against innocents he may encounter as he flees.

For the most part in order to be justified in using DPF against a fleeing felon there must exist a deadly weapon or dangerous instrument.

The case outlined in this thread however is clearly not a fleeing felon situation.
2/19/2004 3:54:57 PM EDT
[#37]
Why bother to reply? The bluewall will keep bluewalling, the cop haters expect this sort of thing and the folk in the middle will surely find some sort of rationalization to make it ok in their eyes.
Yep, the separation between the !LAW! and the unwashed masses widens a bit more every time something like this occurs.
2/19/2004 4:00:10 PM EDT
[#38]
Quoted:
Quoted:
Shooting fleeing felons kind of went out with Tennessee v. Garner in 1985.
View Quote


Thats incorrect . The US Supreme Court ruled in Garner vs. Tennesee that the force used by the Officer was both unnecessary and excessive.

You can however use DPF against a fleeing felon when there exists imminent danger of serious physical injury or death and/or the actions of the perpetrator pose a contining threat against innocents he may encounter as he flees.

For the most part in order to be justified in using DPF against a fleeing felon there must exist a deadly weapon or dangerous instrument.

The case outlined in this thread however is clearly not a fleeing felon situation.
View Quote


That's what I thought.... if a guy shoots 4 people in a bank robbery, and I cap his ass in the back of the head, as he's driving out, it's a good shoot....

(I'm a ccw "civilian", btw...)
2/19/2004 4:10:02 PM EDT
[#39]
You're being followed by scary looking people. You can't shake them with your vehicle. No police to be seen anywhere. Where are the cops when you need them? At the next best opportunity you leave your car and run. They shoot you in the back.
How unrealistic! That could never happen.  [:\]


I hate the day when I lost my ignorance - life was sooo much easier.

LRdrvr