Officer being sued by shot suspect

This is a discussion on Officer being sued by shot suspect within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; http://www.dispatch.com/dispatch/con...3_E266SQ6.html A man who said that an officer's bullet put him in a wheelchair filed a $10 million lawsuit against Columbus police yesterday. Shannon Preston, ...

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Thread: Officer being sued by shot suspect

  1. #1
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    Officer being sued by shot suspect

    http://www.dispatch.com/dispatch/con...3_E266SQ6.html

    A man who said that an officer's bullet put him in a wheelchair filed a $10 million lawsuit against Columbus police yesterday.

    Shannon Preston, 24, was shot by Officer Stanford Speaks, who had been working special duty at the Obvious nightclub, 2467 E. Dublin-Granville Rd., on March 24, 2006. Shots had been fired from inside a car, and police said Preston ran when the car he was in was stopped by officers.

    Franklin County Prosecutor Ron O'Brien said Speaks thought Preston, the driver, was reaching for a gun. Two others in the car blamed Preston for firing a shot into the air outside the club, O'Brien said.

    But attorney William Settina said Preston was unarmed and shot in the buttocks and back as he ran from officers.

    "Officer Speaks ... did not shout any warning for the plaintiff to halt or stop in any way, and had no probable cause to believe that the plaintiff posed a significant threat of death or serious physical injury to the officers or others," the lawsuit says.

    "It was never alleged he fired a gun at anybody, but officers found a gun in the car," Settina said.

    On March 7, Preston pleaded guilty to a felony count of improper handling of a firearm. He is to be sentenced April 13. The maximum penalty is 12 months in prison.

    The suit, filed in Franklin County Common Pleas Court, seeks $10 million in damages for excessive use of force, assault, false arrest, emotional distress, denial of due process, recklessness, and a failure to train and supervise officers. Defendants are Speaks, the city of Columbus, the Police Division and Chief James G. Jackson.

    As a result of the shooting, Preston, of 1001 E. 22nd St., lost his right leg and has no feeling below the waist, the complaint says.

    Speaks, 37, is a nine-year veteran of the Police Division.

    All police-involved shootings are investigated by veteran homicide detectives on the Critical Incident Response Team. The findings are reviewed by the Firearms Board of Inquiry, composed of three commanders who make a recommendation about whether the shooting followed policy. A deputy chief makes the final decision.

    A year after the shooting, the investigation is largely complete, but supervisors have asked for more information, Sgt. Jeff Sacksteder said yesterday.

    Speaks had been involved in another shooting, on Jan. 25, 2004. Investigators found that he and another officer acted within policy when they fired shots at a car after one of the occupants opened fire in a parking lot on Sinclair Road.
    It will be interesting to see how this plays out. What did the guy want, to be shot until dead? Because if he looked like he was reaching for a firearm, and there was one in his car, then I don't see why he needed a warning, you don't reach for a firearm when the cops are around and responding to someonf firing shots. Geez, some people.
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    Member Array produman's Avatar
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    Important lesson for all DirT Bags, DON'T RUN FROM THE POLICE !!!!!
    "May God have mercy on my enemies, because I won't."
    General George Patton

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    felony count of improper handling of a firearm
    I'd hate to ask what "improper" handling might be. At least he didn't get hauled in for possession of an ugly weapon, as that would have been a real crime.
    Your best weapon is your brain. Don't leave home without it.
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    VIP Member Array TN_Mike's Avatar
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    You run from the police, you take your chances.

    I'd say he lost. He doesn't deserve anything other than a moron sign.
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    Member Array Schwebel's Avatar
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    Complete bullcrap. A LEO I see at the hospital all the time shot a BG about a year b/c he pointed a loaded shotgun at him. He took a round in shoulder and one in his neck. The guy lived and is now sueing the police dept for shooting him. The LEO would have been better off just unloading into him. Instead he stopped firing when the man dropped his weapon.

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    VIP Member Array peacefuljeffrey's Avatar
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    Sounds to me like this guy's own friends said that he was the shooter at the club. Cops had reason to fear great danger from him -- especially since not only was he making suspicious movement in the car but also a gun was found there.

    Makes me rather glad that this piece of puke can't feel anything below his waist and never will again. Have a nice life, scumbag!

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    Senior Member Array BruceGibson's Avatar
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    I'd give him nothing. Zip. The agency and the insurance company will work up a settlement. It won't go to trial. He'll get a couple million I'd guess. It'll be interesting to see how it turns out.

    We just settled one where a kid busted for Grand Theft died in our Boot Camp. Sheriff's Office came up with a little over two million, and our governor's hell-bent on paying another five million. It's sad, but it's real.

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    VIP Member Array peacefuljeffrey's Avatar
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    Crist is a RINO. It's gonna be very clear before the year is out.

    He's already stumbling over himself to give felons back their right to vote as soon as they're released, even over the published objection (and reasoned arguments) of Bill McCollum.

    At least he has not yet made any overtures toward infringing on RKBA or RTC here yet. But we're watching.

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    Senior Member Array BruceGibson's Avatar
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    PeacefulJeffrey speaks the truth. Governor Crist is a thinly disguised liberal. Just watch & see.

    We should get a refund...what we bought, and what was delivered are two very different things.

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    BG got shot cause he had a gun and did something stupid when confronted by officers.
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


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    Senior Member Array BruceGibson's Avatar
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    BG didn't have gun upon absorption of LEO's fire. Therein lies the problem.

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    VIP Member Array peacefuljeffrey's Avatar
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    He's considered to be "in possession" of the gun if it's in the vehicle with him, correct?

    How can an officer be certain of how much time he has between the perp reaching for and taking control of the gun (wherever it may be) and getting shot by him?

    Should the cop have to wait until the gun is in hand before shooting, rather than shooting as the attempt to get the gun is made?

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    Too Bad The Dirtbag Could Still Run...

    I do not feel his pain...he ran...he got shot...

    The attorney pushing a 'collection' for this criminal scum should be ashamed of himself...

    ret
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  15. #14
    Senior Member Array BruceGibson's Avatar
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    I agree. But sadly, attorney's don't feel shame. It's an emotion, and those are disposed of in law school.

    Disposition of lawyers would better everything. They're intertwined in every speck of our daily lives.

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