Mutual combat? Disparity? Confusing situation, indeed

[Ishmael]

Cop is imprisoned, then released, then re-imprisoned after a confrontation between him, his father, his brother-in-law, and someone parking illegally in their deli's parking lot.

[B]ecause he believed his father's life was in danger from what he perceived as a "deadly weapon," the swinging bat aimed at his dad's head, DiGuglielmo was certain he would be cleared quickly and be able to return to work.

Instead, all three family members -- the father, son and brother-in-law -- were charged with assault.
Rich Jr. received the most serious charges, two counts of murder: intentional murder and murder with depraved indifference.

Ex-cop fights life sentence in bizarre murder case - CNN.com

I have to say that I don't think much of the advice of "local police" to start putting stickers on people's cars.

[DefensiveCarry.com]

[Bark'n]

I think the cop got railroaded.

Never been a fan of Jeanine Pirro.

She allegedly had an affair with former NYPD police commissioner Bernard Kerik (of 9/11/01 fame, and now in prison for corruption), and used him & his influence to find dirt on her former husband before divorcing him. Part of a very unseemly love triangle and gives a big hit to her credibility as an upstanding citizen.

[Hopyard]

As Bark'n, I'm not a Pirro fan, but I wouldn't automatically assume she got it wrong.

In fact, I'd think there must have been quite a bit of wrongdoing for her to charge a cop and get a conviction in that
particular venue, with that particular set of players, and that set of circumstances.

Frankly, I don't believe the story from either side. Not one word of any of it.

[Bark'n]

I'm also not assuming she got it wrong either just because I'm not in her fan club. I'm just saying, I think the LEO's family account sounds more plausible than that coming from the deceased brother who was not even there.

That coupled with how the two witnesses changed their testimony after being questioned (sounds more like brow beat) and then a lot of that info being suppressed at trial leads me to give more credence to the convicted officers side of the story.

I would have sure liked to have been on the jury on this one, so I could have more information than just a couple news articles.

Just my opinion based on how this reads. Certainly not based on what I would consider a truly "informed" decision.

[jace33]

very bad idea to go put a sticker on the guys brand new 'vette...

i don't believe this man should be in prison though...

[Hiram25]

Sorry to say it, but if someone was beating my dad with a baseball bat, I would have shot them also. Sounds like a shatterd knee and a broken wrist is well on the way to serious personal injury to me.

[chiefjason]

Sorry to say it, but if someone was beating my dad with a baseball bat, I would have shot them also. Sounds like a shatterd knee and a broken wrist is well on the way to serious personal injury to me.

My thoughts too.

But this also confirms why it's important to not only know the state laws, but the local political climate on SD. He would have likely gotten a pat on the back around here. Regardless of he said, he said. When a weapon is used, and bones start breaking; it changes everything.

[Ishmael]

When a weapon is used, and bones start breaking; it changes everything.

Exactly, and it really underlines the importance of de-escalating. I'm not accusing anyone in this story of doing wrong, I'm just saying, look how quickly a situation can go from one thing (taking action against, essentially, a trespasser), to a free-wheeling three-on-one fight where (before the bat comes out) the elements of "self-defense" are blurred. If you put, say, a political bumper sticker on someone's car, would you be able to claim self-defense for actions taken during a resulting fight, or could it be argued you "provoked" it? The only thing that would make this situation really different would be if there were an actual law on the books saying it was okay to put a no parking sticker on someone's car. Then, once the guy has said "I've had enough" (which really makes it sound like the tables turned enough that, it could be argued, the three family members had gained control and could have retreated), is it really a good idea to approach him again carrying his stuff?

And what if, in a similar situation, you were the one who went inside the store, and, while you were there, everything happened exactly as in the article, except your dad—as he approached the driver with cell phone etc.—said something like "come back and we'll kill you [racial expletive]?" You see the other guy "attacking," he maybe thinks he's preempting another uneven fight.

Again, I'm not saying anything about what actually happened, just spinning out some thoughts about what a freaking mess you can get into when you descend to scrapping in the streets.

[DocPMD]

This story just reinforces the fact that you had better be absolutely sure about the situation before you pull the trigger. We can all speculate as much as we want, but without being there, we'll never know the truth.

Very unfortunate for all involved. Definitely a lose-lose situation.

Doc

[All_Business]

A sanitation worker in 98' with a brand new vette? hmmmmmm...Isn't this case brushing a little too close to double jeopardy? I didn't see it in the article but after he was released for the 18 months did he have to be tried again before he was sent back to prison? I hate reading the comments on articles like this...If I read one more "He should have just shot a non fatal shot, like in the arm or leg" Im gonna lose it.

Average joe's should not make up a jury in murder or rape trials, thats one of the BIGGEST over sights in our solar system.

[Sig 210]

i've followed this one for years. The cop was railroaded by a PC prosecutor with an axe to grind.

[Chad Rogers]

The truth usually lies somewhere in between, and not necessarily in the middle.

[oneshot]

i've followed this one for years. The cop was railroaded by a PC prosecutor with an axe to grind.

^^^I'm inclined to be in this camp^^^^^^^^^^

base on the article, and further subsequent readings.

Sad last paragraph from story, a statement from his father.

That fateful day of the shooting clearly haunts DiGuglielmo Sr., "I would wish my son was never there. Whether I got killed or not, it doesn't make a difference to me. What do I have now? Yeah I have my wife and my daughter. But my family's torn apart. Literally torn apart. Where's my son? It rips my guts out to go up to see him. It never should have happened."


I think they are being honest.
Wasn't the sons past record in the PD reviewed and admitted in the trial? As in, he had an exemplary record or what not??


Here is an article, in which it is outlined the deceased's past ;Richard Diguglielmo




A MOTHER'S MISSION: DiGuglielmo’s mother, Rosemarie DiGuglielmo was on the picketline. WPCNR asked how her son, the police officer was holding up in prison: “He’s a strong man, He’s strong in his conviction. He knows what he did was right. He knows that was the only the only thing he could have done. Could he stand there and watch his father’s head be blown off? The first blow (with the bat) was to his father's leg and the scars are still on his leg from that blow. He (Campbell) then broke his hand (with the bat). All I can say is I wish someone would go and interview my son.” Photo by WPCNR News.

The Pirro book does not disclose to the reader that Mr. Campbell proceeded to hit the father with a bat before Mr. DiGuglielmo shot him. The Pirro book, in addition does not disclose Mr. Campbell’s arrests and convictions in the early 80s, which included arrests for assault and credit card fraud.Rather than disclose Mr. Campbell’s tendency to violent confrontation in the past, the book paints a glowing portrait of an exemplary young man, with endorsements of his character. Protesters carried signs disclosing Mr. Campbell’s prior arrest record, and accusing The Journal News of trying Mr. Diguglielmo in the press.



Doesn't sound to me, that he was quite the "angel" his brother William Campbell talked about, now does he?