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re: Man Arrested for Gunning Down Cop Who Climbed in Through His Window at 5:30am

Posted on 6/28/14 at 11:08 am to
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68953 posts
Posted on 6/28/14 at 11:08 am to
This subject is getting more and more media attention. I hope it leads to the people reining in their police forces.

Barney Fife Meets Delta Force
Posted by CtotheVrzrbck
WeWaCo
Member since Dec 2007
37538 posts
Posted on 6/28/14 at 11:21 am to
quote:

On September 24, 1999, police in Sallisaw, Oklahoma procure a no-knock warrant on the home of Eugene Barrett, suspected of trafficking methamphetamine. As the heavily-armed convoy of vehicles descends upon his home, Barrett believes he's under attack, and opens fire. Barrett's attorney claims he shot in self-defense. One bullet strikes and kills Oklahoma Highway Patrol Officer David Eales. A search of Barrett's property produced a variety of firearms and resulted in the seizure of materials related to the production and use of methamphetamine. Barrett's first state trial ended with a deadlocked jury, while his 2nd trial resulted in a manslaughter and assault conviction. In December 2005, Barrett was formally sentenced to death for Eales' death in federal court. Barrett now appeals his convictions, as well as his death sentence.Sources: Donna Hales, "Jury hands cop killer death sentence," Muskogee Phoenix, November 18, 2005. Michael Smith, "Death for trooper's killer, jury says,"



Well that's a bit scary that you can be tried for the same thing in federal court if they don't like the results in the state trial, and then punish you harsher than the conviction in state trial warrants.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
67602 posts
Posted on 6/28/14 at 11:28 am to
quote:

Well that's a bit scary that you can be tried for the same thing in federal court if they don't like the results in the state trial, and then punish you harsher than the conviction in state trial warrants.


I thought that was common
Posted by CtotheVrzrbck
WeWaCo
Member since Dec 2007
37538 posts
Posted on 6/28/14 at 11:43 am to
I live under a rock. Was thinking double jeopardy was in play where the courts decided which would try the accused if there was an overlap.
Posted by TigernMS12
Member since Jan 2013
5543 posts
Posted on 6/28/14 at 12:09 pm to
Jeopardy by definition states you cannot be tried for the same crime in the same jurisdiction. There's a Supreme Court case that ruled state and federal courts are seperate jurisdictions. Happens all the time in drug cases. The Feds don't want the hassle of a case but if the state fails in state court they just re arrest and put them away in federal court.
Posted by WHATDOINO
Member since Dec 2008
6519 posts
Posted on 6/28/14 at 12:15 pm to
This police raid is a little off topic but it fits the cops are out of control theme.

Calcasieu smoke shop raid

These were such fails, it's absurd
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