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re: Off-duty cop shot and killed a non-verbal, intellectually disabled man in a Cali Costco

Posted on 6/17/19 at 6:20 pm to
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
73441 posts
Posted on 6/17/19 at 6:20 pm to
It's a pretty terrible headline, but I've actually had a physical altercation with a mentally disabled person before. Sometimes they just don't think like other humans do, so sometimes horse play (in my case the guy put me in a headlock from behind) just doesn't translate.
Posted by Oilfieldbiology
Member since Nov 2016
38667 posts
Posted on 6/17/19 at 6:54 pm to
quote:

but I've actually had a physical altercation with a mentally disabled person before. Sometimes they just don't think like other humans do


You don’t say?
Posted by Ric Flair
Charlotte
Member since Oct 2005
13763 posts
Posted on 6/17/19 at 7:30 pm to
Sad. If the argument is “sorry, my kid has autism and can be aggressive”, and was escalated by the cop saying “you need to control your fricking son”, then this is murder, in my opinion.

I find it hard to believe that the cop couldn’t run from the threat. As big as the guy is, I doubt he was a killer.

Unless the nonverbal guy was putting the cops kid in a chokehold or something.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13763 posts
Posted on 6/17/19 at 7:33 pm to
quote:

It's a pretty terrible headline, but I've actually had a physical altercation with a mentally disabled person before. Sometimes they just don't think like other humans do, so sometimes horse play (in my case the guy put me in a headlock from behind) just doesn't translate.


Probably the kid was watching WWE. Should’ve given him an atomic drop or a back body drop. No need to pull a gun. I appreciate the reference to the proverbial “retard strength”
Posted by Antonio Moss
The South
Member since Mar 2006
48649 posts
Posted on 6/17/19 at 7:37 pm to
quote:

But to shoot someone (legally), you must fear for your life, or in this case, his babies life


Legal scholar, I see
Posted by tigersownall
Thibodaux
Member since Sep 2011
15837 posts
Posted on 6/17/19 at 7:40 pm to
Did he have a pitbull service dog?
Posted by Antonio Moss
The South
Member since Mar 2006
48649 posts
Posted on 6/17/19 at 7:41 pm to
quote:

The police officer being not on duty actually has a duty to retreat and back off any escalation.....walk away


There is no duty to retreat in self-defense situations under California law.

Why don’t you guys stop just making stuff up.
Posted by Antonio Moss
The South
Member since Mar 2006
48649 posts
Posted on 6/17/19 at 7:43 pm to
quote:

What could possibly transpire inside a Costco that would legitimately warrant shooting a mentally disabled guy and his two parents?


A large man grabbing and shaking a child
Posted by Ric Flair
Charlotte
Member since Oct 2005
13763 posts
Posted on 6/17/19 at 7:44 pm to
So you can shoot someone you argue with? If an autistic person pushes you, shoot them?
Posted by Ric Flair
Charlotte
Member since Oct 2005
13763 posts
Posted on 6/17/19 at 7:48 pm to
Cop—George
Nonverbal person—Lennie
Child—the mouse?

Posted by McCaigBro69
TigerDroppings Premium Member
Member since Oct 2014
45112 posts
Posted on 6/17/19 at 7:50 pm to
quote:

If the argument is “sorry, my kid has autism and can be aggressive”, and was escalated by the cop saying “you need to control your fricking son”, then this is murder, in my opinion.


Maybe don’t bring the kid out in public then where situations and the environment can not be controlled.

This cop should have evaded, but people love to act like the public and everyone else around them need to coddle and make everything convenient for people who can not act normally in public. It’s getting ridiculous.
Posted by Antonio Moss
The South
Member since Mar 2006
48649 posts
Posted on 6/17/19 at 7:51 pm to
quote:

So you can shoot someone you argue with? If an autistic person pushes you, shoot them?


The law in Cali is similar to most states. The shooter needs to be reasonable apprehension of death or great harm to himself or another. The fact that the victim is autistic will be irrelevant unless it can be shown that the shooter knew or should have known that fact.

There is no possible way to determine whether this was justified on just the information in the article posted.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13763 posts
Posted on 6/17/19 at 7:54 pm to
If my 5 year old has autism, and pushes your five year old into the swimming pool, can you shoot him?It could cause death (by your kid drowning).
Posted by KosmoCramer
Member since Dec 2007
77863 posts
Posted on 6/17/19 at 7:54 pm to
quote:

The law in Cali is similar to most states. The shooter needs to be reasonable apprehension of death or great harm to himself or another. The fact that the victim is autistic will be irrelevant unless it can be shown that the shooter knew or should have known that fact.



Things like negligent homicide, involuntary manslaughter, etc. can still be in play.
Posted by Antonio Moss
The South
Member since Mar 2006
48649 posts
Posted on 6/17/19 at 7:56 pm to
quote:

If my 5 year old has autism, and pushes your five year old into the swimming pool, can you shoot him?It could cause death (by your kid drowning).


Probably not because it would be unreasonable to believe that a five year old could harm me or that shooting him would be necessary to save my child’s life.

Again, it’s what’s “reasonable” based on the circumstances as perceived by the actor.
Posted by baldona
Florida
Member since Feb 2016
21549 posts
Posted on 6/17/19 at 7:57 pm to
quote:

If the argument is “sorry, my kid has autism and can be aggressive”, and was escalated by the cop saying “you need to control your fricking son”, then this is murder, in my opinion.


Haven’t seen anything new on this, but just because someone has autism or another mental disability does not mean they are otherwise a nice person. People with mental disabilities have personalities, flaws, strengths, etc. Their disability does not encompass their entire being. There’s people with autism that are very smart, given one of the basic traits of the disorder is generally poor social ability and conflict de escalation.

There are some very nice people with autism. There are also aholes with autism. I’ve been around plenty of people with mental disabilities that the only reason they weren’t in jail was because of their IQ but they were otherwise horrible people. That had nothing to do with their IQ or disability.

Honestly without more to the story, simply stating an off duty cop shopping with his family shot someone with Autism is nothing but click bait. It’s a horrible headline meant to draw attention.
This post was edited on 6/17/19 at 7:59 pm
Posted by Antonio Moss
The South
Member since Mar 2006
48649 posts
Posted on 6/17/19 at 7:59 pm to
quote:

Things like negligent homicide, involuntary manslaughter, etc. can still be in play.


Obviously.

I was only talking about Cali’s standard for self-defense.
Posted by slackster
Houston
Member since Mar 2009
87945 posts
Posted on 6/17/19 at 8:04 pm to
quote:

I mean, the police released a statement and I think it's pretty relevant that in a potentially controversial shooting where there is already a narrative blaming the "victim" for initiation, the shooter was a police officer. It also helps to explain why the shooter was armed in California.



Exactly. Costco is a weapons free store, so the fact it was a cop is absolutely relevant.
Posted by Antonio Moss
The South
Member since Mar 2006
48649 posts
Posted on 6/17/19 at 8:07 pm to
quote:

Costco is a weapons free store


I’m not sure why that matters.
Posted by baldona
Florida
Member since Feb 2016
21549 posts
Posted on 6/17/19 at 8:09 pm to
quote:

Costco is a weapons free store

I’m not sure why that matters.


Well he wasn’t supposed to be conceal carrying if he was a normal customer, since he was a cop it was probably okay.

I’m not sure what legalities the cop would have broken if he was a citizen outside of probably being banned for life from Costco.
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