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01-22-2021, 10:26 PM #1UnregisteredGuest
Hillsborough State attorney’s Office review of Janak Amin case
January 22, 2021
Categories: News, Press Release
The letter below has been sent to Sheriff Chad Chronister regarding the investigation of former Hillsborough County Sheriff’s Office Sgt. Janak Amin.
January 22, 2021
Sheriff Chad Chronister
Hillsborough County Sheriff’s Office
2008 E. 8th Avenue
Tampa, FL 33605
Re: 2020-CF-8107, Sgt. Janak Amin
Dear Sheriff Chronister:
Thank you for your office’s cooperation in our review of the arrest and investigation of former HCSO Sergeant Janak Amin on July 10, 2020. The purpose of this letter is to summarize our review of the evidence as well as our determination of whether any criminal violations of Florida law occurred.
My office reviewed this matter to determine whether Sergeant Amin committed any crimes in connection with the July 9 incident involving the arrest of Carl Elkins, including but not limited to (1) aggravated assault in violation of Florida Statute §784.021 and (2) assault in violation of Florida Statute §784.011. (Note: Sergeant Amin was arrested for a single count of aggravated assault with a deadly weapon, but we evaluated his conduct for two separate possible instances of assault.) To be clear, we did not review whether Sgt. Amin violated HCSO internal policies and procedures or whether his conduct was consistent with the high standard for law enforcement in our community. That is not our role in this matter.
My office reviewed the entire case file, including police reports, witness statements from HCSO deputies and Elkins, photographs, written communications among HCSO personnel, and documents and witness statements pertaining to the use of force continuum. Additionally, my office has met with and requested additional evidence from detectives from your Criminal Investigation Division as recently as December 2020.
Given your familiarity with the relevant facts and allegations, I am not including a full factual summary herein. The arrest report states that during the course of apprehending Elkins pursuant to an arrest warrant, Sgt. Amin pointed his gun at Elkins and told him “he would be shot if he did not verbally identify himself.” Additionally, the arrest report states that Sgt. Amin subsequently told Elkins that he would be “taken to the woods if he did not comply with providing his identity.”
Our review has concluded that there is insufficient evidence to charge Sergeant Amin with any crime. To file any criminal charge, my office must have a good faith belief that we can prove all elements of the offense beyond a reasonable doubt using admissible evidence. First, to establish aggravated assault, we would need to prove beyond a reasonable doubt that Sgt. Amin intentionally and unlawfully threatened violence against Elkins using a firearm, had the apparent ability to carry out the threat, and that the threat created a well-founded fear that the violence was about to occur. The evidence establishes that Sgt. Amin pointed his gun at Elkins and threatened to shoot him.
The critical question is whether the threat was unlawful or whether Sgt. Amin was acting in his capacity as a law enforcement officer arresting a noncompliant and potentially dangerous suspect. In short, the evidence establishes that Sgt. Amin drew his weapon to provide cover for himself and the other deputies arresting Elkins, and that Elkins was not handcuffed and was actively resisting arrest at the time or immediately before the threat was made. Threatening a noncompliant and potentially dangerous suspect to make him obey commands and submit to a lawful arrest is allowed under Florida law. Therefore, there is insufficient evidence to establish that Sgt. Amin was acting outside of his lawful capacity as a law enforcement officer at the time the threat was made.
Second, to establish assault with regard to Sgt. Amin’s “taken to the woods” comment, similar to an aggravated assault, we would need to prove beyond a reasonable doubt that Sgt. Amin intentionally and unlawfully threatened violence against Elkins, had the apparent ability to carry out the threat, and that the threat created a well-founded fear that the violence was about to occur. The evidence establishes that Sgt. Amin did make a comment to this effect—using a euphemism for physical harm—to Elkins after Elkins was securely in custody. However, the evidence also establishes that Elkins did not have a well-founded fear that the harm was about to occur. In a recorded sworn statement, Elkins said that he thought Sgt. Amin may be bluffing and did not take the threat seriously because another deputy was standing nearby. Therefore, Sgt. Amin’s comment, however inappropriate, does not rise to the level of an unlawful assault.
My office’s review of this matter was necessary and appropriate to ensure the equal application of the law to everyone in Hillsborough County, both law enforcement and civilian. Independent reviews such as this are critically important to the community to ensure accountability from government agencies. I therefore appreciate your office’s cooperation and patience as my office conducted a thorough review.
Sincerely,
ANDREW H. WARREN
State Attorney
https://www.sao13th.com/2021/01/hill...nak-amin-case/
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01-26-2021, 03:41 PM #2UnregisteredGuest
He was a sacrificial lamb
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01-26-2021, 04:45 PM #3UnregisteredGuest
Yes he was. I was one once. When they need to set an example out of someone, cover their arse, or do it for political or personal gain, there is no hesitation.
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01-26-2021, 05:39 PM #4UnregisteredGuest
And just like that, all the years of doing good, helping, investigating, putting bad people away.... gone. Like it never happened. A very complex difficult skill to learn, this job, with skill that mean absolutely nothing. Which is the point all along. To keep us feeling expendable and replaceable so they can easily control us. A poor way to manage. And they wonder why this agency creates poor morale, low productivity, burnout, slugs, and resignations. We are expendable pawns. There is no positive feedback or positive reinforcement. There is only this... Push us to passed the max with minimal staffing while dumping just about every problem on us. Put us in constant high stress situations where we mostly are powerless do for anything about. Do it till you are burned out and get thrown away then replaced, or quit, or be sacrificed. Hopefully long before you are able to get your full retirement. And they wonder why cops are so angry and hate people and hate their agencies. On top of that, they wonder why the public in turn hates us. Fools.
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01-26-2021, 05:56 PM #5
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01-26-2021, 07:28 PM #6UnregisteredGuest
It's been my experience that the majority of cops who speak so highly of themselves are the ones that are gone for a good reason They usually were a bad, dirty, or had shiit skills as a cop.
That also explains why they are so angry, the public hates them, and they go nowhere within the agency. Who the fukc wants to promote THAT?
When you stand around at events, like it or not, you are the face of this agency. How about try not looking unfukcing approachable? By that I mean - arms crossed, Oakleys on, and only talking to other cops, all while ignoring the public. Look at the cops who are good at what they do and you admire. 9 times out of 10, they have good people skills and aren't a dikc to the public. In my 20+ years on Patol (where I've been all my career), I learned it doesn't make you less of a cop, I feel better, and I am pretty sure it puts the public at ease. In the long run, it helps to make my job easier and more pleasant.
You can be "on" and still be a decent human. Plenty of us old folks have done it.
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01-26-2021, 09:44 PM #7UnregisteredGuest
Golden Rule
Yup, treat everyone the way you would like to be treated, especially the general public. That being said, a police officer must deal with manipulative bad people in a certain way, without violating the law.
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01-26-2021, 10:21 PM #8UnregisteredGuest
It only works on the properly raised, somewhat intelligent, and properly educated. You come from a place where you are surrounded by normal people for the most part. Even the nastiest “craziest” person you deal with are nothing like what police deal with. Your golden rule does not work on people, if you can call them that, that have been raised by the lowest of the low. And that’s if they were even raised. The insane, perverted, addicted, evil, street animals that do not respond to any golden rule. Maybe if you truly knew what the world is like down those scary roads you avoid and in those houses you only see on the news, you would understand. Those are the places we spend our nights in.
The thing I hate the most about this job is the sheep thinking they know how the sheep dog’s job is done just because they watch Court TV and Law and Order. All while never once in their lives having come face to face with a real wolf. Then they spew garbage on social media telling cops how they should do their jobs. Thankless sheep. Even if they did witness a bad crash one time or see some big crime unfold once in their lives . Thats once or twice. A story or two they tell at family gatherings for years. Try seeing that stuff and being involved in bloody investigations every shift for 30 years. Go back to your fake little social media world. This site is for us real sheep dogs. We may argue here, but we know the horrors of this job. There is nothing more annoying than the blind thinking and acting like they can see and on top of that, telling the ones that can see, what to do.
No one here is saying they are the best or better than anyone. All anyone is saying is that our skills are made to mean nothing. Being that you do not do this job and you don’t put your life on the line, STFU!
No one mentioned violating the law. Speaking is not violating the law. The crime of assault requires certain elements to be met. Only a small part has to do with what was said. Just saying something alone is not a crime. Which is why the charges against Janak were dropped. Dropped by prosecuting attorneys.
Apply your golden rule when dealing with hardened career long gang members that are literally beat into gangs. The get kicked and beaten while they try to fight back as a test of heart to be accepted into a gangs. This is an alpha dog animal mentality. Your cute little school yard rules do not apply. I bet if your son, daughter, or family member were one of the people that overdosed because of the bad heroin he sold, you would have demanded that we show no mercy. Typical liberal. They want rights for all with minimal cops until they become a victim and demand se string their suspects up by a rope. STFU!
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01-26-2021, 11:37 PM #9
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01-27-2021, 12:43 AM #10UnregisteredGuest
And you are the perfect example of what I described. I described not being a dikc when you are at an event, not at some drug hole you fukcing moron. Guaranteed at any random football game, you're the azzhole in the corner, scowling and biitching to any other poor cop you can find about how you got passed over again for promotion and how much you hate this job.
Gee, I wonder why?
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