Looks like HPD has some 'splainin' to do...... (Read 48076 times)

eyeeatingfish

Re: Looks like HPD has some 'splainin' to do......
« Reply #40 on: September 16, 2014, 04:20:06 PM »


4:29 of the video. C.A.T. Control and Arrest Tactics.

Maybe they should cover tactics (or think of better ones) when walking up to a drunk driver.

An officer sprays the driver who then takes off and crashes into people because the pepper spray blinds him temporarily. Officers will be held liable, sorry it really isn't that simple.

Jdelacruz

Re: Looks like HPD has some 'splainin' to do......
« Reply #41 on: September 16, 2014, 04:49:47 PM »
An officer sprays the driver who then takes off and crashes into people because the pepper spray blinds him temporarily. Officers will be held liable, sorry it really isn't that simple.

First of all I am not saying to pepper spray anyone. I did say "think of better" tactics. Also I did not say it was simple.

Because we value life I believe tactics and strategies should always be looked at if they can be improved not only tactics and strategies for the safety of the officer but more importantly the citizen.

edster48

Re: Looks like HPD has some 'splainin' to do......
« Reply #42 on: September 16, 2014, 05:22:00 PM »
Last I checked swear words don't justify blows to the face. Now lets say you did have good reason to hit him in the face and then you go for the keys per the rest of your plan. Guess what, this has happened before (grabbing the keys) and often the officer gets dragged by the vehicle. Not so simple is it.
Oh and forgot to mention if the guy drives away dragging the officer and the officer shoots because his life is in danger they will still turn around and say the officer put him/herself in danger.

Officers have a job which requires them to place themselves within danger. If someone tells you that there is no duty to step in and protect then they don't know what they are talking about. If one person is beating up another and the officer stands and watches because he doesn't want to place himself in any danger then he gets fired for cowardice. Now there are limits of course, an officer isn't expected to go into a burning building, for example, but yes they are required to go protect someone.

If a cop watched a suspect stab your grandma to death and did nothing are we all just going to sit around and say to ourselves, sucks for grandma since the officer has no duty to protect.?

Last time I checked, failure to obey a direct order from a police officer attempting to detain you for a crime { drunk driving, resisting } was cause for an officer to utilize physical force to gain control of the situation.

Your argument doesn't hold water on another level as well. It's not okay for the officer to hit the uncooperative suspect with his fists, but it's "okay" to shoot them?

 Please tell me in what universe this is logical.

The only time in the video that this officer was "in danger" from the vehicle was when he attempted his "Fred Flintstone Car Disabling Maneuver". If he was in danger beyond what the video showed, it would be because he placed himself in front of a moving vehicle. The argument that "he shot to protect others" is suspect as well do to fact that were any of us "commoners" to do the same thing for the same reason, we would end up in prison for manslaughter at the very least.

Not so simple is it.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

eyeeatingfish

Re: Looks like HPD has some 'splainin' to do......
« Reply #43 on: September 16, 2014, 07:47:02 PM »
First of all I am not saying to pepper spray anyone. I did say "think of better" tactics. Also I did not say it was simple.

Because we value life I believe tactics and strategies should always be looked at if they can be improved not only tactics and strategies for the safety of the officer but more importantly the citizen.

I agree we can and always should strive to a better ideal. I merely mentioned the pepper spray because that was popped up at the time quoted on the video. I believe that HPD advises officers against reaching into a car where the suspect is going to flee because of the danger of being dragged and/or run over. I have seen enough wild and crazy police world whatever TV shows to have seen it caught on dash cameras a number of times. I think it is a very difficult situation with only seconds to make a decision and it sometimes ends up being that no matter what the officer did the outcome will be bad.

Kingkeoni

Re: Looks like HPD has some 'splainin' to do......
« Reply #44 on: September 16, 2014, 08:03:59 PM »
You are assuming that the cars are always moving when the officers moved in the way, as opposed to an officer stepping in front of a stopped car that then accelerates towards the officer. To be clear officers aren't jumping in front of a car going 50mph then shooting the driver because the driver didn't stop within 10 feet. Most of these situations involve vehicles that were stopped.

I believe that HPD advises officers against reaching into a car where the suspect is going to flee because of the danger of being dragged and/or run over.

So in one sentence you say that the officer was justified in murdering the drunk driver in Waikiki because he didn't stop.

Yet in your next sentence you admit that HPD policy is to not reach into vehicles for the officers safety.

Let's be honest here.

Super cop made a mistake and it cost a man his life.

Your contention that the driver could have possibly run someone over and he just might have killed kids and puppies is asinine.

This is the same argument that antigun activists use in their support of gun control and the abolishment of the 2nd amendment.
"we need to take those dangerous guns out of the home because a child could pick it up and kill everyone"
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

eyeeatingfish

Re: Looks like HPD has some 'splainin' to do......
« Reply #45 on: September 16, 2014, 08:16:45 PM »
Last time I checked, failure to obey a direct order from a police officer attempting to detain you for a crime { drunk driving, resisting } was cause for an officer to utilize physical force to gain control of the situation.

Your argument doesn't hold water on another level as well. It's not okay for the officer to hit the uncooperative suspect with his fists, but it's "okay" to shoot them?

 Please tell me in what universe this is logical.

The only time in the video that this officer was "in danger" from the vehicle was when he attempted his "Fred Flintstone Car Disabling Maneuver". If he was in danger beyond what the video showed, it would be because he placed himself in front of a moving vehicle. The argument that "he shot to protect others" is suspect as well do to fact that were any of us "commoners" to do the same thing for the same reason, we would end up in prison for manslaughter at the very least.

Not so simple is it.

Blows to the face are not authorized levels of force for non compliance, strikes are limited towards active aggression.  This is not to say that strikes can never be used at lesser levels of resistance/aggression however they need to be justified and reviewed on a case by case basis. Having said that a similar situation might occur in which an officer could justify strikes to the face against a person seated in a car not listening to the officer but then we would get into a bunch of hypothetical situations.

As for shooting but not hitting, the scenario mentioned was that the officer punch the driver upon receiving verbal noncompliance before the suspect had a chance to drive off. In that scenario the situation hasn't escalated to the level of deadly force. In the real life case the driver took multiple other actions which escalated the scenario, so you cannot really compare the use of deadly force in those two situations since they are at drastically different levels.

I don't know all the details of that shooting but I have seen the video as shown by the local news. To me there is not enough in the video alone to really show either justified force or unjustified force. There may have been further developments in the case that I am not aware of.
Now if one of us commoners shot to stop a threat against the public of course we would be arrested because we can't have guns in public. But "commoners" also don't have the duty to protect the public that officers do, they also don't have the training officers do, they also are not uniformed and easily identifiable as agents with authority to take away civil rights (arrest/detain). This is not to say that were carry allowed that you couldn't shoot to stop someone posing a deadly threat similar to this but you would have to be very articulate and maybe get a lucky jury?

The case of someone driving away and posing a danger is a difficult one because they are taking actions that they know could cause death but their intent is not necessarily to injure rather just an attempt to flee. Now if that attempt to flee puts them on a crash course with a bunch of school kids then I am sorry but the threat needs to be stopped. Let me ask this question, you see a bunch of children in the cross walk and a motorcycle speeding towards them with no chance to stop in time or avoid them. You have the ability to pull your car in front of the motorcycle knowing that it would likely protect the children but may kill the motorcyclist, would you do it? It is not the same situation but it illustrates sometimes deadly force can be used to stop something that is a serious threat. There is no easy decision and sometimes there will always be a bad outcome with no shortage of people monday morning quarterbacking the situation.



I'll pose one more scenario that is a little off topic but I have wrestled with as not being able to get a clear decision on what I would do. Really just one of those tough choice scenarios that make you think. I am mentioning it as it popped into my head as vaguely related.
You are an officer and end up at a hospital where a patient with a very deadly disease has fled the hospital. The patient carries a virus that could spread easily and kill half the population if not controlled (picture the worst disease movie). You find the person running towards a crowd in the mall and you cannot reach the person before they reach the crowd. The patient sees your presence and refuses commands to stop. Is lethal force justified to stop the threat of the disease spreading even though the patient might just be running scared?

eyeeatingfish

Re: Looks like HPD has some 'splainin' to do......
« Reply #46 on: September 16, 2014, 08:31:02 PM »
So in one sentence you say that the officer was justified in murdering the drunk driver in Waikiki because he didn't stop.
Yet in your next sentence you admit that HPD policy is to not reach into vehicles for the officers safety.
Let's be honest here.
Super cop made a mistake and it cost a man his life.
Your contention that the driver could have possibly run someone over and he just might have killed kids and puppies is asinine.
This is the same argument that antigun activists use in their support of gun control and the abolishment of the 2nd amendment.
"we need to take those dangerous guns out of the home because a child could pick it up and kill everyone"

I don't know all the facts of the case but it appears that the shooting was justified, which means it is not murder. Do not equate murder and killing, they are not the same thing. I did not make any statement justifying murder, nor did I say that the lethal force was justified because "the driver didn't stop." You are summarizing a complex series of events into an oversimplified statement which is rather disingenuous.

Tell me what is so asinine to consider that the driver might have hit and killed someone else?
Did the driver have the apparent skill to drive a vehicle without crashing? No
Did the driver care to follow instructions? No
Did the driver seem to care that he almost ran someone (the officer) over? No
Is Waikiki a densely populated area with lots of pedestrians? Yes

So what makes you think this driver would obey a stop light a block later where a family is crossing the street? He already showed he can't navigate the road without crashing, he already showed he doesn't care to follow the rules, and he already showed he was willing to nearly run over someone. There is a high probability that the driver will disregard the stoplight and disregard the pedestrians being in his path and a high probability that even if he tried to avoid the pedestrians he would still hit them.

edster48

Re: Looks like HPD has some 'splainin' to do......
« Reply #47 on: September 16, 2014, 08:46:32 PM »
Right.

So hitting him in the face while he's seated in a car to prevent him from driving away and possibly injuring others = Bad

Shooting him 5 times while he's seated in the car for the same reasons = Good

Got it. Thanks for playing.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

eyeeatingfish

Re: Looks like HPD has some 'splainin' to do......
« Reply #48 on: September 16, 2014, 08:56:08 PM »
Right.

So hitting him in the face while he's seated in a car to prevent him from driving away and possibly injuring others = Bad

Shooting him 5 times while he's seated in the car for the same reasons = Good

Got it. Thanks for playing.

Again, read the scenario in questioned. The hypothetical scenario simply said to punch a drunk driver who was verbally non compliant, it didn't say anything about almost running over the officer, or showing intention to drive away, etc. You are comparing one solution in one scenario to another solution in a much different scenario. I can't punch someone because they called me a bad name but I can shoot them if they are swinging a knife at me, yet you seem to equate the two and ask why I am allowed to shoot the guy swearing at me.

Jdelacruz

Re: Looks like HPD has some 'splainin' to do......
« Reply #49 on: September 16, 2014, 08:59:25 PM »
I just hope HPD looks at the video and analyze it. Hopefully they can come up with better means of dealing with a situation like this. What I do not want them to do is merely say the officer was justified and leave it at that.

Kingkeoni

Re: Looks like HPD has some 'splainin' to do......
« Reply #50 on: September 16, 2014, 08:59:36 PM »
I don't know all the facts of the case but it appears that the shooting was justified, which means it is not murder.
*If you don't know all the facts, then you are not qualified to make that assessment

 Do not equate murder and killing, they are not the same thing.
*By the same token, do not presume that the murder was a justified killing

I did not make any statement justifying murder, nor did I say that the lethal force was justified because "the driver didn't stop." You are summarizing a complex series of events into an oversimplified statement which is rather disingenuous.
*The only thing I did was copy and paste your words. Only you could attest to their being disingenuous or not.

Tell me what is so asinine to consider that the driver might have hit and killed someone else?
Did the driver have the apparent skill to drive a vehicle without crashing? No
Did the driver care to follow instructions? No
Did the driver seem to care that he almost ran someone (the officer) over? No
Is Waikiki a densely populated area with lots of pedestrians? Yes
*Do you honestly believe that the officer in question thought to himself, this series of questions before murdering the driver?
 "Hmm, this driver might drive into someone, I better shoot him"
 "He doesn't seem to have the apparent skill to drive this vehicle without crashing, I better shoot him"
 "He's not following my instructions, I better shoot him"
 "I can just say that I thought he was going to run me over, I better shoot him"
 "Waikiki is densely populated with pedestrians, I better shoot him"


So what makes you think this driver would obey a stop light a block later where a family is crossing the street?
*What I "think" is not the subject of debate here. To wallow in hypotheticals and twist them to suit your point of view isn't going to bring this man back to life.

We could go back and forth forever on this subject.
Unlike you though, I don't have a horse in this race.
You can keep on blindly arguing your opinions, I will no longer be a part of this conversation.
 :shaka:
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

mauidog

Re: Looks like HPD has some 'splainin' to do......
« Reply #51 on: September 16, 2014, 09:02:23 PM »
I don't know all the facts of the case but it appears that the shooting was justified, which means it is not murder. Do not equate murder and killing, they are not the same thing. I did not make any statement justifying murder, nor did I say that the lethal force was justified because "the driver didn't stop." You are summarizing a complex series of events into an oversimplified statement which is rather disingenuous.

Tell me what is so asinine to consider that the driver might have hit and killed someone else?
Did the driver have the apparent skill to drive a vehicle without crashing? No
Did the driver care to follow instructions? No
Did the driver seem to care that he almost ran someone (the officer) over? No
Is Waikiki a densely populated area with lots of pedestrians? Yes

So what makes you think this driver would obey a stop light a block later where a family is crossing the street? He already showed he can't navigate the road without crashing, he already showed he doesn't care to follow the rules, and he already showed he was willing to nearly run over someone. There is a high probability that the driver will disregard the stoplight and disregard the pedestrians being in his path and a high probability that even if he tried to avoid the pedestrians he would still hit them.

Tell me, how would this register on your justification scale....

You and your wife are driving home from a Christmas Party in Waikiki.  You find yourself in a sobriety check point lane.

You had 2 mixed drinks an hour or so before leaving, so you're a little nervous.  You just got your license reinstated after a DUI a year earlier, and you really can't see yourself losing it for even longer if you blow a 0.08.

As soon as you roll down the window, the officer makes a face like, "Uh oh.  We got one!"  Maybe you're just being paranoid since he hasn't said anything to you.

Suddenly, you make a bad decision ... in your panic, you hit the gas and drive past the check point.  You're not screeching tires, but driving away as the police at the check point notice you refusing to stop on command.

So, you leave the check point, the COPs deduce you must be drunk and might cause an accident and hurt others, because you failed to comply to orders to stop.

Would you feel the police are justified in firing at you as you drive past the check point, ignoring orders to stop?

What if you really aren't drunk?  What if you happen to have a bench warrant for your arrest and are afraid they'll arrest you?  Would a now sober person ignoring orders to stop justify being shot?

What type of police force do you want?  Whatever you tolerate will be the type we get.
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

survivorman

Re: Looks like HPD has some 'splainin' to do......
« Reply #52 on: September 16, 2014, 11:27:12 PM »
I for one want a police department that just asks people to comply......if they don't the cops should understand that they have a good reason.  Of course a chronic has better things to do than go through the hassle of going to jail.  He has people to rob and cars to steal.  And if he did stop the cops might find that gun under he seat....or he might have to shoot that cop so he was actually doing that cop a favor.   Or or or.......
Sorry, but trying to rationalize running from the cops, damn!
Seriously, all the cop hate makes me wonder who just got arrested, had their weed green harvested or who's wife ran off with one.

Just sayin

eyeeatingfish

Re: Looks like HPD has some 'splainin' to do......
« Reply #53 on: September 17, 2014, 05:25:55 AM »
I don't know all the facts of the case but it appears that the shooting was justified, which means it is not murder.
*If you don't know all the facts, then you are not qualified to make that assessment

And neither do you, yet you proclaim the officer's guilt.


Quote
I did not make any statement justifying murder, nor did I say that the lethal force was justified because "the driver didn't stop." You are summarizing a complex series of events into an oversimplified statement which is rather disingenuous.
*The only thing I did was copy and paste your words. Only you could attest to their being disingenuous or not.

Your statement certainly did not fir my quote.


Quote
*Do you honestly believe that the officer in question thought to himself, this series of questions before murdering the driver?
 "Hmm, this driver might drive into someone, I better shoot him"
 "He doesn't seem to have the apparent skill to drive this vehicle without crashing, I better shoot him"
 "He's not following my instructions, I better shoot him"
 "I can just say that I thought he was going to run me over, I better shoot him"
 "Waikiki is densely populated with pedestrians, I better shoot him"

Hard to tell really. We don't know exactly what went through the officer's head. But even if he didn't think through each and every one the shooting could still be justified for those reasons.

Quote
So what makes you think this driver would obey a stop light a block later where a family is crossing the street?
*What I "think" is not the subject of debate here. To wallow in hypotheticals and twist them to suit your point of view isn't going to bring this man back to life.

I am trying to walk you through a reasonable assessment of the shooting, so yes what you think is relevant.

Quote
We could go back and forth forever on this subject.
Unlike you though, I don't have a horse in this race.
You can keep on blindly arguing your opinions, I will no longer be a part of this conversation.

Fair enough but I will say something when people are making monday morning quarterback claims when they don't know the whole picture.

edster48

Re: Looks like HPD has some 'splainin' to do......
« Reply #54 on: September 17, 2014, 05:36:50 AM »
Police officers are human, they make mistakes like every other human.

When their mistakes begin to err on the side of shooting unarmed citizenry for non compliance, logic would seem to be on the side of reviewing tactics in order to keep both sides as safe as possible.

I'm not trying to vilify the police, my point, and the point of the article, is that there are other options they failed to utilize that may have resulted in a different outcome.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

Jdelacruz

Re: Looks like HPD has some 'splainin' to do......
« Reply #55 on: September 17, 2014, 06:02:55 AM »
I'm curious in the differences with the rules of engagement our military must adhere to in a warzone compared to that of the police here at home.

mauidog

Re: Looks like HPD has some 'splainin' to do......
« Reply #56 on: September 17, 2014, 10:11:51 AM »
I for one want a police department that just asks people to comply......if they don't the cops should understand that they have a good reason.  Of course a chronic has better things to do than go through the hassle of going to jail.  He has people to rob and cars to steal.  And if he did stop the cops might find that gun under he seat....or he might have to shoot that cop so he was actually doing that cop a favor.   Or or or.......
Sorry, but trying to rationalize running from the cops, damn!
Seriously, all the cop hate makes me wonder who just got arrested, had their weed green harvested or who's wife ran off with one.

Just sayin

We have a Constitution and the right to NOT be killed for breaking traffic laws.

Just saying.
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

kong

Looks like HPD has some 'splainin' to do......
« Reply #57 on: September 17, 2014, 02:24:29 PM »
Hindsight is 20/20. Without being there at the time of the incident one can never know. Also, a similar Supreme Court case follows on the premise of the Waikiki shooting. Scott v. Harris.

The problem I see is the lack of transparency from SHOPO. If they would lay out the facts with the statute and court cases stating why the officer did what he did along with timeline of events it would go along way. HPD PR in a sense. The islands justice system with prosecutors and officers dealing behind closed doors just seems to shady for me. What about the officers in NV caught for drug charges? Back on the job? Or for that matter other officers that get DUI's or knowingly drive impaired.

eyeeatingfish

Re: Looks like HPD has some 'splainin' to do......
« Reply #58 on: September 17, 2014, 08:40:29 PM »
Tell me, how would this register on your justification scale....

You and your wife are driving home from a Christmas Party in Waikiki.  You find yourself in a sobriety check point lane.
You had 2 mixed drinks an hour or so before leaving, so you're a little nervous.  You just got your license reinstated after a DUI a year earlier, and you really can't see yourself losing it for even longer if you blow a 0.08.
As soon as you roll down the window, the officer makes a face like, "Uh oh.  We got one!"  Maybe you're just being paranoid since he hasn't said anything to you.
Suddenly, you make a bad decision ... in your panic, you hit the gas and drive past the check point.  You're not screeching tires, but driving away as the police at the check point notice you refusing to stop on command.
So, you leave the check point, the COPs deduce you must be drunk and might cause an accident and hurt others, because you failed to comply to orders to stop.
Would you feel the police are justified in firing at you as you drive past the check point, ignoring orders to stop?
What if you really aren't drunk?  What if you happen to have a bench warrant for your arrest and are afraid they'll arrest you?  Would a now sober person ignoring orders to stop justify being shot?
What type of police force do you want?  Whatever you tolerate will be the type we get.

There are a few key differences which I believe would make this example not justified in comparison to the other case.
-In the waikiki case the individual crashed twice
-The suspect fled, the officer caught up giving orders a second time and the suspect fled again
-The suspect almost ran over the officer
-The suspect was attempting to run again.

In your scenario there is nothing to show that this person is unable to drive safely. There is nothing to show that this person was willing to drive towards an officer against the officer's lawful commands.

In my opinion those are key differences between someone just wanting to get away vs someone putting others in a very serious risk of harm to do so.

eyeeatingfish

Re: Looks like HPD has some 'splainin' to do......
« Reply #59 on: September 17, 2014, 08:56:44 PM »
Police officers are human, they make mistakes like every other human.

When their mistakes begin to err on the side of shooting unarmed citizenry for non compliance, logic would seem to be on the side of reviewing tactics in order to keep both sides as safe as possible.

I'm not trying to vilify the police, my point, and the point of the article, is that there are other options they failed to utilize that may have resulted in a different outcome.

We could debate whether someone is unarmed if they are using a vehicle to commit an assault but lets leave that aside for now. But realistically the officers in most of these cases did not shoot for non compliance of some traffic law, they shot because the person driving the car was knowingly driving the car in such a way which would likely injure/kill someone. I say most because I don't know every case covered and some may very well involve shootings that are not justified. To be clear, an officer cannot jump in front of a moving car and simply claim self defense. However if the officer stands in front of a stopped car and that driver accelerates towards the officer then we have a situation where the driver is knowingly about to commit murder or serious assault which can justify a lethal force option.

Heck, look today, some idiot decided he wanted to run from Police in Wahiawa and hit one of the officers with his car. Luckily in the chase no one was seriously injured or killed but that could have easily ended up badly. If he ran into a car killing someone else then a bunch of people would be looking back and asking why the cops didn't shoot before the pursuit started. Why didn't they shoot? Probably a lot of factors we may learn about later. To a great extent officers have to decide between a few dangerous options with both having serious outcomes. They cannot always predict ahead of time which is the better decision.

Any shooting usually offers teachable moments for the department, and we can always look back and examine what could have been done differently and if any of the other options might have had a better outcome. I am sure the department does this in the investigation process and I am sure the officer does this in his/her head.