Good cop, bad cop
 

I have a client who was arrested for speeding, disorderly conduct, DUI, open container, falling to stop for a PO. Short fact situation: He was travelling westbound when eastbound officer clocked him at 51 in a 40. Officer A turns around and throws his lights. Client slows and is trying to decide where to pull over in about a 1 milw stretch. Client pulls off the road and slowly drives into an open field about 50 yards from the road. Officer A approaches and determines client is on a cell phone while holding a gun to his head. Officer A immediately backs down and calls for assistance. Officer B pulls his car to within 25 feet of clients truck and takes aim at client using the squad car for cover.

Several additional officers arrive, including the swat team sniper who sets up. An ambulance is also called in. Officer A determines client is on phone with a friend who is a deputy for a NEIGHBORING COUNTY. They determine to stand down while deputy is enroute. Deputy arrives and talks client into throwing gun down and surrendering. Oficers use an appropriaate amount of force to subdue client. The stand off lasted about 30 minutes.

They walk him to ambulance and it is determined they will aend him to psych hospital. He is distraught, crying , but is not slurring his words etc. He is held there for a few days until stabilized and discharged with a diagnosis of severe depression with suicidal ideations. Alll of this is caught on video from Officer A's car that runs about 58 minutes. It captures various discussions after client is hauled away.

Officer A IMO acted in a very professional manner and averted a poterntial tragedy. He signed the affidavits on all charges except the DUI/open container. Officer B took it upon himself to file the DUI/OC charge. Nothing in the video shows an open container based on the search aftyer client was taken away. Nothing I saw indicated the client was intoxicated...no field sobriety/breath teast etc was conducted. Hospital records I obtained show client had a BAC of .04 (below the limit).

Officer B has had an ongoing feud with my client. Theyu are both in their mid 20's and run in similar circles. Prior to this epidose client had complained to me Officer B was harrassing him, talkin trash etc. Officer B filed a charge against client last year alleging client was impersonating a police officer. This charge was dismissed as my client had emergency lights in his car because he was a volunteer fireman.

That's the background. In court yesterday, I was in a private room with Officer A, Officer B and the prosecutor negotiating a plea deal. Based on the hospital records and the video prosecutor agreed to dismiss the DUI. Officer B was furious. He has a reputation as a hot head/loose cannon.

In the course of the discussions, Officer B made the following statement: "That SOB has followed me when I was off duty and has gone to same bars I go to. I've filed 2 incident reports because the next time he shows up I'm covered and I'm gonna put a bullet in his head."

Stopped me dead in my tracks.

I said "Officer, you don't really mean that, right?"

His response "No...I'm gonna blow him away."

This was in front of Officer A and prosecutor.

We no lo'd the charges and appealed them for a trial de novo.

Turning this over to the chief/IA investigators and AG's public integrity division.

Every time I say I hate lawyers, I read one of your posts and think you have a pretty interesting job. I should be so engaged in my own career.

Question on BAC tests. Was his .04 the actual BAC at the time of the test or was it calculated retroactively to what it would have been at the time of the stop?

Wow.
Guy doesn't need a badge and a gun, that's for sure.

It was done on admission to psych ward. Drrawn about 63 minutes after stop. I've spoken with a toxicologist who says he had to have been under them limit at the time of the stop based on clients weight, average metabolism rates, etc.

You hate lawyers? Next time you're thrown in jail call your priest because you'll be saying "Oh my God...what do I do now?";)

It would be interesting to see how cop B did in his last psych eval. or how it was when he was hired. Seems to me that folks with a tendency to hold grudges or vendettas, certainly those who would act on them, wouldn't be too hard to screen out.

Believe me, I know. Everyone hates them until they get arrested. BTDT. However, I'm now a lot better armed on how to handle stops and detentions to make sure they don't escalate into arrests.

If he'd said "I run into him when I'm off duty I'll whip his azz if he messes with me" I could accept that as blowing off steam.

But we're at courthouse and he was in uniform with his weapon.

No kidding.
I hope somebody takes this seriously.

Sounds like someone needs some time off.

wow!

Man oh man! Officer B has some issues. I would hope his threats to your client would result in immediate dismissal from the force. Is he suspended pending investigation at least?

Here's the problem. LEO's are frequently asked to respond to tense situations that could go very badly. A calm, deliberate, respectful officer will frequently play a vital role in "decompressing" these situations before they escalate. Officer B appears to have none of those traits. He's spending his days looking for trouble. He's just a lighted match looking for something to burn.

he's just dying to shoot something,someone..
down the line if not stopped, it will end badly for someone..
hope it's him..
Rika

Easy answer:

Don't speed, don't wave guns around.

sounds to me like your client is telling you half the story, or even less.. which is why i dont practice criminal law

Better yet, don't get depressed. Don't think about suicide.
That's the ticket!

I think the story was about Officer 'B'...

> I have a client who was arrested for speeding, disorderly conduct, DUI, open container, falling to stop for a PO.

My first thought was: Ted Kennedy is driving again?

Dueller, do all of society a favor,, GET THAT SOB"s badge!!!!! Typical small d#cked, insecure, power hungry *********,, put him in the unemployement line, that's where he belongs...

Curious....

No lo'd as in nolo contendere?

What'd the prosecutor and Officer A do/say after this outburst...?

Yes...no lo contendre. At the municipal court level you have a right to trial de novo to County Court on appeal. Often you'll just use Municipal court as a discovery tool.

We were all kinda speechless. Update. I spoke with the prosecutor late this afternoonand he felt I handled it very well. He reminded me that I said "You're not serious, officer...that's not who you are." to let him retract his statement, but he did not. He reaffirmed his intent instead.

No Scott...I know my client is a flake. Nevertheless, the officer was way outta line.