Charges filed against officer in raid (little girl killed accidentally) [Archive] - Glock Talk

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steveksux
10-07-2011, 17:20
http://www.freep.com/article/20111005/NEWS01/110050444

This was a cluster you know what from the start. Some teenage kid at a party store gives some guy a "look", so he goes home, gets a gun and kills the kid. Later swat goes to arrest him at his home, and this part gets murky, but as they gain entry, some contact is made with the grandmother, maybe a struggle, maybe just a bump, but a little kid sleeping on the couch gets hit with a round from the guy making entry. Turns out the guy was in the upstairs flat anyway, family lives in upper and lower.

Got to be a nightmare for all involved, living with that.

I'm not sure what to make of the charges. On the one hand, if there was an AD, most likely it was an ND, his finger was on the trigger when grandma collided with him if the gun went off. But coming in hot, with an armed and dangerous fugitive inside, maybe he just saw movement coming his way, mistook grandma for BG for a second, and contact made before he got finger off, bump directed muzzle toward girl, and that's what caused it? Don't know, my gut instinct is finger on trigger without target in sight= ND not just AD.

This was the raid that was being filmed by TV crews also, so there's speculation they went overboard for the cameras. After all, no reason to send swat in after a guy that shot someone over the wrong "look", who's still presumably armed and reluctant to go to jail, right? Right??? :faint:

Randy

Hollywood D
10-07-2011, 17:58
Why would a news crew know when and where something was going to take place, and why were they allowed to be close enough to film anything?

bci21984
10-07-2011, 19:49
IIRC, the film crew was from on of the "swat" shows and just happen to be tagging along on the call.

Agent6-3/8
10-07-2011, 20:47
The article says they were with the "First 48". Terribly sad situation all around.

mrsurfboard
10-07-2011, 21:02
In my state, NJ, non LE is not allowed at the execution of arrest/search warrants.

collim1
10-08-2011, 02:47
I hate to see any officer charged for an accident. However, anytime a child dies the public demands charges whether the person is LEO or not.

Detectorist
10-08-2011, 04:10
Sounds like a nightmare. I bet the cop who shot the kid isn't feeling too good right now.

Don't know what else the cops could have done different in this situation.

Deployment Solu
10-08-2011, 04:37
Sad that a life was lost.Hopefully the video will show what happened. Most people have NO idea what SWAT guys do and how difficult their jobs are. They make it look easy, most of the time. Too slow on the trigger and you are dead, too fast and bad thing happen. If grandma had ANY contact with the Officer or his weapon, then she is culpable in this shooting.

Peace Frog
10-08-2011, 05:35
Sad day when a innocent child is killed and I'm positive the officer feels horrible...

If the little girls daddy hadn't been part of a homicide this never would have happened.If grandma had just let the SWAT Team in and do their job without interfering this wouldn't have happened.
BTW the article mentions a civil suit if I remember correctly.Sad days for everyone involved.

Dragoon44
10-08-2011, 07:16
WTF is a ONE PERSON Grand Jury???????

And how is that even remotely legal?

steveksux
10-08-2011, 07:22
Why would a news crew know when and where something was going to take place, and why were they allowed to be close enough to film anything?
They were invited/tagging along filming for I think it was "The First 48" or some other reality tv show.

Randy

TKOFaith
10-08-2011, 07:26
WTF is a ONE PERSON Grand Jury???????

And how is that even remotely legal?

This^^^

I don't think one person is a Jury, let alone a Grand Jury!!:dunno:

steveksux
10-08-2011, 07:29
WTF is a ONE PERSON Grand Jury???????

And how is that even remotely legal?I wondered about that myself, a one person grand jury could indict half a ham sandwich and a cup of soup on the side... If one person is a grand Jury, what's a Petit Jury? Gary Coleman?

Randy

steveksux
10-08-2011, 07:39
If grandma had ANY contact with the Officer or his weapon, then she is culpable in this shooting.I agree with this completely, contact redirects the weapon pretty easily. What I'm having trouble getting past is without finger on the trigger, the weapon doesn't go off.

Obviously not swat here, but I have to believe the protocol is still finger off the trigger on an entry unless and until your sights are on a target. If you stack up on entry due to whatever reason, you'll be bumping each other, and if the weapon goes off, likely a team member is going to take a round.

There's a lot of stupid decisions on a whole lot of people's parts that set up the situation and led to the moment where a single momentary lapse on the officers part results in this tragedy, but my guess is he'll be the scapegoat and get hung out to dry on this one.

Randy

Mayhem like Me
10-08-2011, 08:24
In my state, NJ, non LE is not allowed at the execution of arrest/search warrants.

Same here.. they are not allowed anywhere regular joe can't be.

collim1
10-08-2011, 13:47
Also dont be fooled by the word grandmother. I seen plenty of 30 year old grandmothers in the projects. If she started a fight with the oncoming officers then I agree that she is responsible.

Jeff82
10-08-2011, 14:35
News report said that the whole "bump by grandma" thing was an attempt at covering up what really happened. (The First 48) video showed the shot actually being fired through a window from outside the house prior to (the shooters) entry. They also said that they were at the wrong house. The actual house (with the perp) was next door.

http://abcnews.go.com/US/WorldNews/detroit-police-covered-aiyanna-jones-died-raid-attorney/story?id=10677976

http://abcnews.go.com/US/video/lawyer-details-deadly-police-raid-10676938

Dragoon44
10-08-2011, 15:36
The Lawyer claims he has seen a video NOT made by the film crew. Yet he has not produced the video. He also refers to the flash bang as an "Incendiary Bomb".

BailRecoveryAgent
10-08-2011, 15:56
Also dont be fooled by the word grandmother. I seen plenty of 30 year old grandmothers in the projects. If she started a fight with the oncoming officers then I agree that she is responsible.

A woman that I served child support papers to a couple weeks ago was 28, I repeat, 28 years old, and she was home babysitting her 3 month old grandkid who belongs to her 14 year old daughter. The apple, it falleth not far from the tree sometimes.

steveksux
10-08-2011, 16:31
The Lawyer claims he has seen a video NOT made by the film crew. Yet he has not produced the video. He also refers to the flash bang as an "Incendiary Bomb".Yup, that's Geoffrey Fieger, if you're not familiar with him, he's the guy that was defending Dr Kervorkian years ago when he was doing his handiwork. Remember Dr. Death? The assisted suicide advocate?

Randy

Mayhem like Me
10-08-2011, 16:41
WTF is a ONE PERSON Grand Jury???????

And how is that even remotely legal?
that was my first question ... Then I saw it was Detroit

CAcop
10-08-2011, 16:53
I agree with this completely, contact redirects the weapon pretty easily. What I'm having trouble getting past is without finger on the trigger, the weapon doesn't go off.Unless contact was so significant that the officer's finger was bounced onto the trigger. Pluss if he was trying to hang on with the other arm it could cause interlimb response.

Obviously not swat here, but I have to believe the protocol is still finger off the trigger on an entry unless and until your sights are on a target. If you stack up on entry due to whatever reason, you'll be bumping each other, and if the weapon goes off, likely a team member is going to take a round.

There's a lot of stupid decisions on a whole lot of people's parts that set up the situation and led to the moment where a single momentary lapse on the officers part results in this tragedy, but my guess is he'll be the scapegoat and get hung out to dry on this one.

Randy

Also add me to the list of WTF? one person grand jury?

scottydl
10-08-2011, 18:17
No winners in this situation at all.

If you get jammed up in some situation, just don't lie about it or attempt to cover up the truth. It will only make the end result worse for you, which is what I speculate is the case here with this officer. The SA/DA likely knows that some kind of face-saving cover up is/was attempted by the police agency, and they have to act in some way on the prosecutorial side or they look like they are in bed with shady police practices. So they have to pick someone to take the fall, and the officer whose weapon fired is the obvious choice.

RustyShackelford
10-08-2011, 18:44
Yup, that's Geoffrey Fieger, if you're not familiar with him, he's the guy that was defending Dr Kervorkian years ago when he was doing his handiwork. Remember Dr. Death? The assisted suicide advocate?

Randy

Not to thread-jack, but didn't Dr K assist those willing (seeking him out, actually) to leave this Earth with peace? Ending their suffering......?

steveksux
10-08-2011, 20:45
Not to thread-jack, but didn't Dr K assist those willing (seeking him out, actually) to leave this Earth with peace? Ending their suffering......?Mostly. He provided the means they used to end their own life, by their own hand, up until the last few patients. what did him in was a) actually activating the device for someone b) on videotape c) that he sent to TV stations and d) dumping Fieger as his lawyer and defending himself. He tried to push the envelope after getting a few acquittals on what he thought were "lawyer tricks", he wanted the issue resolved, getting off on technicalities and jury nullifications wasn't good enough.

Randy

merlynusn
10-09-2011, 11:08
I can see I'm late to the party. I again say, WTF is a one person grand jury?? That almost sounds like they are just trying to get it done so they can look like they are doing something. Is a one person GJ typical in Detroit?

The First 48 videographer (sp?) did not go into the house I believe. I think they were standing outside with the homicide detectives or something like that.

And I believe it was similar to a split house and he was in the other part of it, but lived in the one they went to. They are all related to the shooter too so it wasn't like it was just some random family they hit the wrong house on. I have never seen a GJ take 18 months either. This really sounds like a "gotta do something to make this go away" charge.

Dragoon44
10-09-2011, 18:52
What little I found on the subject it appears "One person Grand Jury's" are fairly common in Mich. and the "one person grand jury" is usually a Judge selected by his fellow Judges for the task.

Still does not sound right to me.

steveksux
10-09-2011, 22:26
I can see I'm late to the party. I again say, WTF is a one person grand jury?? That almost sounds like they are just trying to get it done so they can look like they are doing something. Is a one person GJ typical in Detroit? I've never heard of it, either, but it's not like that means anything, I'm definitely no expert.... Wife's just graduated as a paralegal, never heard of that either.

The First 48 videographer (sp?) did not go into the house I believe. I think they were standing outside with the homicide detectives or something like that. That's my understanding too, it happened so fast, as the entry began, some are even saying he fired from outside the house, before he made entry.

And I believe it was similar to a split house and he was in the other part of it, but lived in the one they went to. They are all related to the shooter too so it wasn't like it was just some random family they hit the wrong house on.Correct as well, its an upper and lower flat, the same extended family occupied both units. Not sure which one he lived in, but I thought I read at one point that they had warrants for both units, and hit them both simultaneously.

I have never seen a GJ take 18 months either. This really sounds like a "gotta do something to make this go away" charge.There was an outcry when it first happened, but haven't heard much about it for quite a while, I was surprised when charges were filed, figured he must have been cleared if nothing had happened by now.

Randy

NMPOPS
10-09-2011, 23:03
Regardless of how or why the round was fired; the officer who fired it is responsible! He is not a scapegoat. He should have had better trigger control and since he was apparently a SWAT member I don't think he can blame anyone but himself.

wct097
10-10-2011, 04:26
It's easy to be an armchair commando in the aftermath. I suspect that the officer making entry had no intention of being reckless and either simply made a mistake, or really was fighting for control of his weapon and actuated the trigger. Either way, it sucks for everyone involved.

scottydl
10-10-2011, 08:15
It's easy to be an armchair commando in the aftermath.

Very true, none of us really know the truth except those who were there... and maybe only that single officer. But,

really was fighting for control of his weapon and actuated the trigger.

If this was the case, any of us in the business know that his report would have clearly spelled this out. It wouldn't have been described as "bumping into the Grandma and gun going off" sort of thing.

As far as intent, the charges are Involuntary Manslaughter and Careless Discharge of a Firearm Causing Injury. Neither offense requires any preconceived criminal intent to do harm to someone. They are the charges commonly used in accidental shootings when a person is killed or seriously injured by another.