Bad:Off Duty LEO Assaulted

This is a discussion on Bad:Off Duty LEO Assaulted within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Don't really know just what to make of this. Bad guy made a poor choice in victim selection or perhaps knew this officer beforehand. Off-duty ...

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Thread: Bad:Off Duty LEO Assaulted

  1. #1
    VIP Member Array JoJoGunn's Avatar
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    Thumbs down Bad:Off Duty LEO Assaulted

    Don't really know just what to make of this. Bad guy made a poor choice in victim selection or perhaps knew this officer beforehand.

    Off-duty officer assaulted at W.Va. restaurant
    March 24, 2010 @ 04:38 PM

    The Associated Press

    The Herald-Dispatch

    CHARLESTON ó A Putnam County man has been arrested on charges he beat an off-duty South Charleston police officer in a restaurant bathroom and stole his personal gun.

    A criminal complaint says 29-year-old Travis Lattea of Scott Depot struck Patrolman Matt Holly in the head and knocked him unconscious at 11:45 p.m. Tuesday.

    South Charleston Mayor Frank Mullens says the officerís badge and wallet were stolen and later recovered, but his personal gun hasnít been found.

    Lattea was later arrested. The complaint says he is charged in Kanawha County Magistrate Court with robbery and battery of an officer. Lattea was being held Wednesday at the South Central Regional Jail on $10,000 bond.

    A jail employee said it was unclear whether Lattea had an attorney.
    Off-duty officer assaulted at W.Va. restaurant - The Herald Dispatch
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    Wouldn't/shouldn't he be charged with 'armed' robbery...he did steal the firearm?
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    VIP Member Array Hiram25's Avatar
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    What about possession of a deadly weapon during the commission of a felony. Oh, there are so many options on this one. I say get out the book and start looking. Anything that fits this guy add it to the list.

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    Senior Member Array DIABLO9489's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Wouldn't/shouldn't he be charged with 'armed' robbery...he did steal the firearm?
    Armed robbery would imply that the suspect use a deadly weapon DURING the attack or the commission of the crime. Not what he took from the officer.

    Quote Originally Posted by Hiram25 View Post
    What about possession of a deadly weapon during the commission of a felony. Oh, there are so many options on this one. I say get out the book and start looking. Anything that fits this guy add it to the list.
    Once again the story did not mention anything about the suspect using a gun or deadly weapon to rob the officer, which is considered the commission of the crime. It only states that he took the officers personal gun from him when he was unconscious.
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    Distinguished Member Array Knightrider's Avatar
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    I hope that gun is found BEFORE another crime happens with it...... but I know its a slim chance of that happening :(
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    Continuing crime?

    Quote Originally Posted by DIABLO9489 View Post
    Armed robbery would imply that the suspect use a deadly weapon DURING the attack or the commission of the crime. Not what he took from the officer.
    The crime didn't stop once the robber obtained the weapon if it was used in any manner to keep the officer from getting it back. If he so much as pointed it at the officer to keep him from reaching for it, I say it was a continuous crime which included armed robbery.

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    Senior Member Array Curt58's Avatar
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    I am concerned the BG made the CC of theOfficers Personal Weapon and decided to take it.
    Possibly the BG did not know his victim was an Officer until he started looking for the wallet and found a badge.
    Was the Officer lax in keeping his weapon concealed or was he wearing it open?

    Concerns me when I also CC.

    In a restroom setting it takes some forthought to keep a CC out of sight!
    No? Yes?

    Personally, if a person is so evil to prey on others in this manner then he should be treated as any other predator.

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    VIP Member Array Stevew's Avatar
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    Why was his bond only $10,000. Attention all LEO, if he comes up with 10% and makes bond, please watch your back and don't let him pull this off twice.
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    Possession of a firearm by a convicted felon,sumpin tells me he has an extensive rap sheet
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    Quote Originally Posted by Stevew View Post
    Why was his bond only $10,000. Attention all LEO, if he comes up with 10% and makes bond, please watch your back and don't let him pull this off twice.
    ^^^^^YEP^^^^^^


    No doubt,
    What a brazen Knuckledragger, to get the drop on a person he realizes has a firearm, knock them unconscious,Then steal their firearm,wallet and badge, and only have to post $1000 bail. Good lord, I'd like to think a judge would set bail on someone who would do something like this and steal, say your lawnmower, or something.
    But for taking a deadly weapon from you ,AFTER knocking you unconscious, speaks of a much darker,heinous mind, which I would think is more deserving of say$50,000 or higher.
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    Bond in this case-???

    Quote Originally Posted by oneshot View Post
    But for taking a deadly weapon from you ,AFTER knocking you unconscious, speaks of a much darker,heinous mind, which I would think is more deserving of say$50,000 or higher.
    I don't know how these things work. Would bond be set even if the guy had priors and was being held on a parole violation?

    In that case it really wouldn't matter too much where they put the number as he is going no where.

    Yes, 10K is way too low unless the guy is uh, staying at " nice accommodations" with "concierge service" to help him arrive in court at the appointed time.

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    Distinguished Member Array Knightrider's Avatar
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    Quote Originally Posted by Stevew View Post
    Why was his bond only $10,000. Attention all LEO, if he comes up with 10% and makes bond, please watch your back and don't let him pull this off twice.
    I think that all LEOs should watch their 6 even if he don't come up with the bond. Even if their off duty, they still have a red cross-heir on them.
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    Senior Member Array DIABLO9489's Avatar
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    Quote Originally Posted by Hopyard View Post
    The crime didn't stop once the robber obtained the weapon if it was used in any manner to keep the officer from getting it back. If he so much as pointed it at the officer to keep him from reaching for it, I say it was a continuous crime which included armed robbery.
    I understand where you are coming from but the way I read into it....
    "A criminal complaint says 29-year-old Travis Lattea of Scott Depot struck Patrolman Matt Holly in the head and knocked him unconscious at 11:45 p.m. Tuesday....."
    To me that sounds like the officer was knocked unconscious AND THEN the suspect took his wallet, badge, and gun.
    It would be hard to see what the suspect is doing while you are unconscious.... unless there were witnesses but the article fails to mention if there were any
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    Member Array Midnight412's Avatar
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    Quote Originally Posted by DIABLO9489 View Post
    I understand where you are coming from but the way I read into it....
    "A criminal complaint says 29-year-old Travis Lattea of Scott Depot struck Patrolman Matt Holly in the head and knocked him unconscious at 11:45 p.m. Tuesday....."
    To me that sounds like the officer was knocked unconscious AND THEN the suspect took his wallet, badge, and gun.
    It would be hard to see what the suspect is doing while you are unconscious.... unless there were witnesses but the article fails to mention if there were any
    NO way. The crime is still in progress even while the BG is "escaping" from the scene. And if you don't go with that, At the exact moment the BG places his hand on the weapon and removes it from the victim, it is in BG's posession while commiting the crime of stealing it.

    How can you even look at it any other way?

    The $10K bail is disgusting. There is that Manchester-by-the-sea guy that is being held WITHOUT bail, and he didn't break any laws, the judge just deemed him to be possibly dangerous. This justice system is a farse.
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    Senior Member Array DIABLO9489's Avatar
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    Trying not to stir the pot but...

    Thursday March 25, 2010
    Man allegedly stole officer's weapon
    Advertiser

    A Putnam County man is facing felony charges after allegedly knocking out an off-duty South Charleston police officer and stealing his personal weapon.

    South Charleston Patrolman Matt Holley was at the Quaker Steak and Lube on Corridor G enjoying a night off with a friend Tuesday night when the incident occurred, said South Charleston Chief Brad Rinehart.

    A man, later identified by Charleston police as Travis Lattea, 29, of Scott Depot, approached the pair's table and asked Holley if he was a police officer, Rinehart said.

    He said Holley told him Lattea appeared to be "behaving strangely" and was staring at him before he approached the table, so Holley replied, no, he wasn't a police officer.

    However, Lattea knew Holley was a police officer, according to a complaint filed in Kanawha Magistrate Court.

    Holley, who has been with South Charleston for nearly two years, excused himself to the restroom and found Lattea coming out of one of the stalls, the chief said.

    The patrolman told the chief the man was still behaving strangely and continued to stare at him. The off-duty patrolman told investigators Lattea punched him on the side of the head, knocking him to the ground and causing him to lose consciousness.

    Lattea then removed the man's personal weapon, a Glock 27, and fled, the complaint said.

    Holley's wallet containing a South Charleston badge also was removed from his person, Rinehart said.

    The chief said Holley was able to get up and asked his friend to get Lattea's license plate number. Lattea's vehicle was spotted by a Putnam sheriff's deputy near the Putnam-Kanawha line and the man was arrested.

    Holley's wallet was recovered from the restaurant's restroom but his gun still hasn't been found. Holley was treated and released from an area hospital.

    Lattea has been charged with malicious assault and first-degree robbery. He is being held at South Central Regional Jail.

    ß61-2-12. Robbery or attempted robbery; penalties.
    (a) Any person who commits or attempts to commit robbery by: (1) Committing violence to the person, including, but not limited to, partial strangulation or suffocation or by striking or beating; or (2) uses the threat of deadly force by the presenting of a firearm or other deadly weapon, is guilty of robbery in the first degree and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than ten years.


    If you read the above law statute it will lead you to believe the reason the suspect was charged with First Degree Robbery was due to subsection (a)1 "or by striking or beating" and not because of subsection (a)2 "using the threat of deadly force by the presenting of a firearm". Nowhere in the article did the off-duty officer say anything about the suspect presenting or brandishing the firearm, only that he took the firearm after he was knocked to the ground....."Lattea then removed the man's personal weapon, a Glock 27, and fled, the complaint said".

    We will probably agree to disagree on this topic but just thought some more information couldn't hurt
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