Shot by a Border Patrol Agent = $350,000
This is a discussion on Shot by a Border Patrol Agent = $350,000 within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by nedrgr21
Who had the stopwatch to determine the 7 sec - we all know time gets skewed in situations like these? How ...
March 7th, 2009 09:47 AM
Again, don't blame the judge
Look, the judge didn't make the laws that allow such suits to go forward. He just hear and the case. No choice in the matter. It has nothing to do with being activist or non-activist, whatever the heck that means.
Originally Posted by nedrgr21
The evidence showed that the illegals didn't or could not have picked up rocks; therefore no deadly force was justified. Shooting was not justified and damages were due. IT shouldn't be that way with illegal border crossers, but the judge didn't make the law. Like the BP, he enforces the existing law.
Instead of pounding the judge, complain about the laws which don't protect the BP agents and which encourage mass illegal migration into the country.
March 7th, 2009 10:00 AM
Does anyone know what the actual rules of engagement are for the border patrol?
If I, a concealed carrying citizen, were walking down my street and found someone who ran from me and refused my command to halt, I'd be strung by my toenails if I were to fire a gun at that "fleeing suspect."
But, this is law enforcement. At a border. With a group of people who flee immediately upon sight of an officer. Who refuse commands to stop.
The question seems to be, was the person shot because he was:
- An apparent intruder, since he hopped the border fence?
- He fled?
- He refused to obey the lawful command of a LEO?
- The LEO's life was in danger?
Without knowing the ROE, it seems we're just clutching at straws in attempting to understand what's real (whether the interloper has legal standing to make such claims, given the facts; the court has jurisdiction to cover such int'l border "flight" claims such as this; the claim of "life in danger" has merit; or even whether any of this is hooey and should be tossed due to the ROE).
Does anyone have concrete info as to the Border Patrol ROE and what's considered legal?
Originally Posted by Hopyard
March 7th, 2009 11:58 AM
The good judge got to mull things over and come to his decision while sitting in a nice cozy room sipping coffee without the threat of rocks hitting his head.
The agent didn't have that luxury.
I agree with the comment of "why would anyone want to be a Border Patrol Agent?".
During the next four years, you will probably see a lot of new judges like this one.
fortiter in re, suaviter in modo (resolutely in action, gently in manner).
March 7th, 2009 12:51 PM
Or put another way, what are the laws (Federal and State) that control use of lethal force.
Originally Posted by ccw9mm
I had a buddy LE who once told me there was no difference in the penal code between the rules for himself and for me, except that he didn't have a duty to retreat.
Another thing to consider in this case, it was a civil trial. Rulings are made on "preponderance" of the evidence which in plain language means the winner need only be 50.00000002% more able to make his case than the loser. There may have been no criminal case because proof beyond a reasonable doubt couldn't be had, but there was a civil case won on preponderance of the evidence. Same as the OJ civil verdict.
Personally, I think there should be no recourse for illegals found within 1 mile of the border--but that is me, and it isn't the law.
March 7th, 2009 04:06 PM
Heh ... Dwight is in it too.
Originally Posted by Janq
March 7th, 2009 04:19 PM
It was entertaining...pay back is a....
Originally Posted by Janq
March 7th, 2009 06:49 PM
It seems to suck in the last few years to be a Border Patrol Officer. I'd make the border a free fire zone.
Les Baer 45
N.R.A. Patron Life Member
March 7th, 2009 10:08 PM
You're kidding me, right? More than likely, he was sippin' on some single malt scotch. JMHO
Originally Posted by PaulG
"The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."
March 8th, 2009 08:53 PM
My immigration stance is that each one is guilty of a crime. Any kind of violent action by a criminal during the commission of a crime results in getting your ass kicked, and possibly shot twice. Just my opinion.
March 8th, 2009 09:28 PM
Get used to it; now that the libs are in charge, every bleeding heart on the planet will come out of the woodwork to file lawsuit after lawsuit against the "evil" gun-toting pig law enforcement establishment that are "victimizing" the poor hard-working immigrant seeking nothing more than the American dream......
Definition of the hard-working Immigrant:
a freeloader who enters our country illegally then is "registered" by ACORN to vote in an upcoming election for a bleeding heart Democrat who has personally promised them free medical care for their anchor baby and citizenship and endless welfare for the rest of their family all on your dime......
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry
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