Follow up- Ugly - Phoenix officer shoots man who confronted burglar

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Thread: Follow up- Ugly - Phoenix officer shoots man who confronted burglar

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    Follow up- Ugly - Phoenix officer shoots man who confronted burglar

    Ugly - Phoenix officer shoots man who confronted burglar
    Phoenix officer shoots man who confronted burglar

    Sept. 18, 2008 07:42 AM 12 News and The Associated Press

    Phoenix police say one of their officers shot and wounded a man who had been holding a burglar at gunpoint inside his home.

    Sgt. Tommy Thompson says the incident late Wednesday happened as officers responded to a flurry of calls in an east Phoenix neighborhood, about shots fired, a wounded man who acted strangely after being let into a good Samaritan's home and finally, a break-in at a nearby home.

    Arriving officers found a screaming woman who had fled the last home with two children while her mate confronted the intruder.
    Thompson says officers went inside, ordered everyone out and saw the armed resident coming down a hallway. One officer shot the 35-year-old man several times, but he's expected to survive.
    Officers then detained the intruder.

    The officer was responding to a shooting call near 32nd Street and Thomas. Shortly after he arrived, he fired his weapon. The officer was not hurt.

    Witnesses said they heard about 10 gunshots around 8:00 p.m. Wednesday.


    Follow up to Ugly - Phoenix officer shoots man who confronted burglar


    Man shot 6 times by police to file suit against Phoenix

    Man shot 6 times by police to file suit against Phoenix
    Homeowner mistakenly targeted by officer seeks $5.75 mil
    by Ofelia Madrid - Mar. 18, 2009 12:00 AM
    The Arizona Republic

    A man mistakenly shot six times in his home last September by a Phoenix police officer filed notice of claim against the city Monday seeking $5.75 million in damages for himself and his family.

    Phoenix Officer Brian Lilly shot Tony Arambula on Sept. 17 after Phoenix police responded to a call about an intruder in Arambula's central Phoenix home, the claim states.

    A Phoenix police spokesman declined Tuesday to comment on the shooting or the pending litigation, but confirmed that Lilly had returned to work after being placed on administrative leave.

    The notice of claim filed by Michael Manning, Arambula's attorney, names the city, its police department, Lilly and two other officers. It is the first step in filing a lawsuit against a public agency. Arambula, 35, gave this account on Tuesday:
    The evening of the shooting, Arambula was sitting on his couch watching cartoons with his 2-year-old son when shots were fired through his living-room window. Thinking it was a drive-by shooting, he grabbed his son and crawled away from his window.

    His wife, Lesley, ran from a bedroom to see what was going on. Arambula handed the 2-year-old to her. By that time, an intruder, later identified as Angel Anastacio Canales, had broken in through the living-room window.

    Canales, with a 9 mm gun in his hand, ran into Arambula's 12-year-old son's room. Arambula, a licensed gun owner, grabbed his own gun and followed Canales into the bedroom. His son was hiding in the closet. Canales was trying to crawl underneath the boy's bed.

    Arambula ordered his son to find his mother and call 911. Arambula also called 911, telling the operator that he was holding the man at gunpoint.

    Meanwhile, officers already chasing Canales arrived in the Arambulas' backyard. Lesley and her boys were outside. "I told them my husband was inside, he was the one with the gun," she said Tuesday.

    The officers entered the house with a shout of "Police!" Almost immediately, Lilly shot Arambula in the back. Three more shots were fired at him, one hitting him in the arm. When Arambula fell to the floor, the claim asserts, Lilly shot him two more times. That's when Arambula told Lilly he'd shot the wrong man. There was an eerie quiet, Arambula recalled. Later, in his Internal Affairs interview, Lilly admitted firing at Arambula without any verbal warning, according to the claim.

    A tape of the 911 call cited in the claim quotes Lilly as telling his supervisor moments later, "We (expletive) up." Canales was apprehended peacefully.

    Arambula's eyes filled with tears as he described officers dragging him outside by his left leg. He said he pleaded with officers not to let his family see him die.

    The shot Arambula took in back left a gaping exit wound in his abdomen that was large enough to fit an 8-ounce cup, the claim charges. A hospital stay of almost a week was followed by two months of at-home care. Today, he wears a brace on his left hand and there are two metal brackets holding his arm to his hand. Arambula said Tuesday that he did everything he was supposed to in that situation. "I would have loved if they would have told me to get on the floor and drop to my knees," Arambula said. "To not have given me any opportunity to not get shot, it's confusing. I pray that this never happens to another family."

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    Member Array XDFender's Avatar
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    Unbelievable. Sounds like a pretty dramatic case of shoot first, ask questions later. Somebody needs to be out of the uniform for good...

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    Someone has lots of 'splainin' to do...after, of course, paying off a large law suit.
    The wife told the officer that her husband was the one with a gun?
    The cop appears not to have used the best judgement, although I understand the pressure in that situation.
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    He needs to be fired right now.He has proved he does not have the judgment to needed to carry a firearm much less enforce the law.
    As a side note its this kind of crap that ticks me off when I hear law enforcement officers are trained to carry weapons.I worked in corrections for 12yrs I know what kind of training we had.Shooting standing at paper targets once a year and even then some people had to qualify several times and I suspect on occasion they just passed them anyway.Most law enforcement around here is the same way they qualify once a year and it is just target shooting.Are there some officers that go beyond that sure but 95% don't.Are there some departments that go beyond that sure but I bet the majority don't.The average cop is no more qualified to carry a gun than the average gun owner.

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    To my mind, this is more categorically an horrific mistake due to the specifics of the heat of the moment circumstance than negligence. What was the officer to do? Risk taking a shot from a BG?

    He saw what reasonably appeared to be a threat, and acted. It is probable that in all the pre-entering the house excitement he never heard (or it didn't register) what the wife had said. Or, he might have thought "husband has a gun; husband is the BG.)

    Is compensation due? Yes. You break it, you fix it. The city broke it.

    Stuff happens. Life has its unfortunate times.

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    Shot him a few times after he was on the ground just to be sure...


    This cop can't shoot worth a crap.
    I hope he rides a desk for the rest of his life.

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    Quote Originally Posted by Hopyard View Post
    To my mind, this is more categorically an horrific mistake due to the specifics of the heat of the moment circumstance than negligence. What was the officer to do? Risk taking a shot from a BG?

    He saw what reasonably appeared to be a threat, and acted. It is probable that in all the pre-entering the house excitement he never heard (or it didn't register) what the wife had said. Or, he might have thought "husband has a gun; husband is the BG.)

    Is compensation due? Yes. You break it, you fix it. The city broke it.

    Stuff happens. Life has its unfortunate times.

    I usually find myself in agreement with you, Hop, but on this one--no way. From what we have seen reported (a major caveat, I admit), this cop shot him in the back as he was facing away from the cop, pointing his weapon in the other direction, without any verbal warning. He also "may" have shot him while he was already down. Don't even try to justify that shooting. The shooting cop shouldn't even ride a desk. He should be stripped of his badge permanently.

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    If I was on the jury id just tell em--write the check-assuming all was as described above.

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    What was the officer to do? Risk taking a shot from a BG?
    Almost immediately, Lilly shot Arambula in the back
    That your answer?


    If the homeowner shot the perp in the back, he'd be up on charges.
    Don't we hold police to a higher standard?
    At least the same standard?
    Write the check, and save the taxpayers additional costs.

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    I don't understand why the officer charged in apparently alone when there was a potential hostage situation. Any officers want to comment on what normal procedure here would be? I certainly understand the desire to charge in and save the day, but it seems like a standoff would be more appropriate. It's not like the guy's going anywhere once the house is surrounded.

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    The cop should be fired and a check written to the victim of the intrusion and subsequent stupidity on the cops part.

    Shot him two times after he was on the ground. Oh yeah... gunshot to the back.
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    TOF
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    If any civilian shot a BG in the back after he was down they would serve time. Why should this LEO be treated any different.

    Reverse the picture for a moment:

    The LEO charges in gun in hand facing away from the home owner. The Leo is in plain clothes with a badge on the front. The homeowner thinks the BG's buddy just came in to help and therefore feared for his life. The homeowner shoots LEO in the back and all the way to the floor.

    What do you think would happen to Mr. Homeowner?
    Last edited by TOF; March 18th, 2009 at 04:36 PM. Reason: duplicated words
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    So, if it were you, how do you avoid this outcome??

    THe only thing I can think of right off the bat would be to just make the intruder leave the house instead of holding him at gun point??? Or he could have just shot the intruder and then waited unarmed for the cops to show up?

    You'd think that telling the 911 operator that the homeowner is armed and has the suspect at gun point would be enough, but obviously not in this case.
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    I can hear this case coming up to haunt us later when some Anti is saying homeowners shouldn't be armed
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

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    If all the facts are true, then yes, he should be prosecuted to the full extent of the law!

    I had a break-in a number of years ago, and the one thing that stands out to me, is the 911 operator kept me on the phone until the LEOs got there. He also asked for descriptions of all parties involved, so they would know who's who. He also told me what would happen and what to expect.

    I think there is more people at fault than just the LEO involved. Like I said before, if the facts are correct, then he should pay the price, but I feel also that there was a break-down in procedure.
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