Good find. My thoughts-first, if that other woman had not exited, they would both likely be dead. Those metal doors are near impossible to kick in. I know from experience. We had a woman screaming and a blood trail leading to the apartment. The doors were metal, yet I tried three times to kick the door in, and I was always very good at kicking in doors(I will tell a story at the end of post that’s amusing). Anyway, the door would spring in but not break. My last attempt launched me five feet back and into a cement wall. It rung my bell pretty good.
The family is already setting this up to sue by blaming this on his long history of mental illness. I guess we will know for sure when ben crump gets involved or there are protests because police did not negotiate with him.
No question about it that this was a great shoot,(and a hell of a shot) regardless of how the family may feel about it right now. If they decide to try and win the ghetto lottery and sue, they will drag race into it as well as use the magic words “experiencing a mental health crisis.” They always use that phrase to make the “victim” sound more sympathetic. And I don’t know if you caught the ages of him and his mother. She is 45 and he was 30, meaning she was preggo with him at 14. That kid likely never stood a chance and I am betting his bio dad wasn’t in the picture when he was growing up.
Many years ago, we got a call on an asshole we always dealt with named lance. He was always an asshole and always cried foul when he was arrested. He would yell “police brutality” as he was being escorted to the cruiser. He would scream “ouch, you’re hurting me” and even yelled one time that my partner and I called him the n word. This was pre body cam and before everyone recorded everything on cell phones. Luckily, his mother was right there and told him to shut up and stood up for us. Lance was also a street lawyer and would critique your work often shouting “they didn’t read me my rights-they can’t arrest me and have to let me go.” No, lance, you are incorrect. I do not have to read you your Miranda warning unless I plan on questioning you, which if I planned to do, I would do it at the station. For one, I prefer to have a conversation where it can be recorded and where it is quiet. And two, strategy. So long as I don’t ask a single question until after being mirandized, any statements made are admissible and are considered excited utterances.
Anyway, lance beat up his gf and had been arrested the day before this story takes place. He was served with a DVP domestic violence petition. Along with posting bond, in which he would be informed not to have contact with the victim, the dvp being issued and served on him allows officers to easily arrest him if found in her company rather than to have to call the magistrate and the prosecutor, which takes too much time.
The day in question, lance broke into his now ex’s residence. She was on scene with us and gave us permission to force entry to make the arrest, not that we actually needed her permission once we could verify his identity and that a dvp had been served on him. So we try the door and it is locked. We knock, in attempts to maintain the integrity of her front door. Well, brilliant ass lance starts yelling at me through the door telling me I can’t come in and don’t have a warrant.
He then calls 911 and tells dispatch that someone is trying to break into his house (she was awarded custody of the residence per the DVP. Dispatch informs lance that it is the police outside and he is yelling at them that we don’t have a warrant nor his permission to enter. So he and I start having a conversation through the door. I tell him he is going to be arrested and to open the door. He starts absolutely screaming and I yell back “lance, I can’t hear you, come closer.”
So he does and he is screaming at the top of his lungs through a mail slot in the door. At that moment, I look back at my partner and smile and then kick the door in. The door was sturdy, so rather than my foot going through the door (which happens with flimsy, TUF house style doors) and the door comes completely off the hinges and falls in on him. He starts scrambling out from under the door and is still on the phone with dispatch yelling “send help, they’re trying to kill me!” He then throws the phone, which was an old rotary phone complete with a long, coiled and stretchy cord. The base of the phone hits me in the chest and the head/hand set? wraps around my head and the receiver hits me in the cheek, causing a really nice bruise. I tackle him, phone still wrapped around my head and I cock my fist back but don’t actually hit him even though it would have been justified. I cuff him and he starts screaming to the neighbors that we violated his rights and didn’t have a search warrant(don’t need one, lol).
He gets charged with burglary, violation of a dvp, and battery on an officer. Well, eventually. Because of some stupid ass, fucked up court ruling, since he was being charged with a felony, we couldn’t file the misdemeanor charges at this time. The reason is because they are two different courts. Felonies go to circuit court while misdemeanors are filed in state/magistrate court. Theoretically, had we filed all three charges on that day, it would be considered “double jeopardy” and he could come into the magistrate’s office and plea to the misdemeanor charges and they would have to drop the felony. So we had to send it to a grand jury to have all the charges filed, which is a lot of work to have everything plead down. Luckily, he also pissed off the prosecutor with his antics and they would not make a deal with him and he did some time on this one.
And on the note of double jeopardy, I hated that stupid rule and it never made sense to me. Double jeopardy is when you are charged with the same crime twice after either an acquittal or a conviction. Meanwhile, douchebag derek chauvin and his Floyd crew were actual victims of double jeopardy. They were charged with Floyd’s death in state court and convicted and then, they are charged with nearly identical federal charges and convicted a second time.