Detention Dep shooting
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  1. #1
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    Detention Dep shooting

    Wonder if the Agency will provide representation and pay out any judgements against this Det. Dep if he should be sued civilly by the deceased family. As I see it, this Det. Dep was acting in his capacity as a private citizen and the Sheriff was boasting of the Det. Deps actions in stopping a multiple felon. Hope the Sheriff feels that way when the ACME Law Firm comes calling. This is the real danger of not being a sworn Dep with arrest powers and getting involved in these things.

  2. #2
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    Quote Originally Posted by Unregistered View Post
    Wonder if the Agency will provide representation and pay out any judgements against this Det. Dep if he should be sued civilly by the deceased family. As I see it, this Det. Dep was acting in his capacity as a private citizen and the Sheriff was boasting of the Det. Deps actions in stopping a multiple felon. Hope the Sheriff feels that way when the ACME Law Firm comes calling. This is the real danger of not being a sworn Dep with arrest powers and getting involved in these things.
    the detention is sworn in as a special deputy with no arrest powers to guard or transport prisoners
    f.s,s,30

    but you are correct otherwise.

  3. #3
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    The detention deputy has no law enforcement authority off site unless guarding/transporting a prisoner while on duty. This deputy very much over stepped his authority as a sworn detention deputy. The agency will cover it's ass by saying he violated policy, leaving him hanging in the wind civilly.

    Nacho can't help but seek a good sound bite, but hold on. The family will make some bank.

  4. #4
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    From what I read traffic violations dont constitute a felony so unless they knew the truck was stolen looks like a problem.

  5. #5
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    It was a clear case of self defense because the suspect tried to choke out the deputy. He defended himself and that's the end of it. When you try to kill someone you are going to get what is coming to you including being shot. Any civil lawsuit will have no merit.

  6. #6
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    Quote Originally Posted by Unregistered View Post
    It was a clear case of self defense because the suspect tried to choke out the deputy. He defended himself and that's the end of it. When you try to kill someone you are going to get what is coming to you including being shot. Any civil lawsuit will have no merit.
    Thank you Judge Judy but can you explain how he got in the situation and was that in the scope of his authority?

  7. #7
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    Quote Originally Posted by Unregistered View Post
    It was a clear case of self defense because the suspect tried to choke out the deputy. He defended himself and that's the end of it. When you try to kill someone you are going to get what is coming to you including being shot. Any civil lawsuit will have no merit.
    By placing himself in that position, the deputy caused the issue to escalate.

    A good attorney could draw similarities between this and the theater shooting in Wesley Chapel. Only difference being one was a retired cop, the other was a wanna be cop.

  8. #8
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    You have the right to defend yourself, not shoot someone because they are irritating you while using the phone. The Detention deputy and suspect crashed, and there was a confrontation. The deputy was attacked and in fear for his life being choked out. He could have been wearing a Pokemon outfit. It doesn't matter. The procedures for asserting prosecutorial immunity under the “Stand Your Ground” law are outlined in Peterson v. State, 983 So. 2d 27, 29 (Fla. 1st DCA 2008). Furthermore; there's a big difference between having "pop-corn" thrown at you and being "choked out" The senseless movie theater shooting suspect is an arrogant idiot with high paid attorneys. Have you seen the movie theater shooting video? The suspect left and came back sitting right behind the victim in a theater almost empty! The victim was shot in that case because he had his phone on and the suspect didn't get his way. Completely different. A good attorney would make sure the detention deputy is compensated and gets his car/truck repaired.

  9. #9
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    Quote Originally Posted by Unregistered View Post
    You have the right to defend yourself, not shoot someone because they are irritating you while using the phone. The Detention deputy and suspect crashed, and there was a confrontation. The deputy was attacked and in fear for his life being choked out. He could have been wearing a Pokemon outfit. It doesn't matter. The procedures for asserting prosecutorial immunity under the “Stand Your Ground” law are outlined in Peterson v. State, 983 So. 2d 27, 29 (Fla. 1st DCA 2008). Furthermore; there's a big difference between having "pop-corn" thrown at you and being "choked out" The senseless movie theater shooting suspect is an arrogant idiot with high paid attorneys. Have you seen the movie theater shooting video? The suspect left and came back sitting right behind the victim in a theater almost empty! The victim was shot in that case because he had his phone on and the suspect didn't get his way. Completely different. A good attorney would make sure the detention deputy is compensated and gets his car/truck repaired.
    Perry. Before you start citing cases work on your reading comprehension. This is what was said. Note the "IF" which commands the situation.

    "(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

    (a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcefully entered, a dwelling, a residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and"

    Now go look up some decisions about what happens when you exceed your authority.

  10. #10
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    Sherlock, the Suspect was killed while attacking a Pasco Co. deputy. The article doesn't read the reverse. The suspect wasn't killed while resisting a Pasco Co. deputy. It doesn't matter if he was in uniform or not. You have the right to defend yourself against an imminent threat of death.

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