Dial 911 and someone dies
Posted in Deadly Politics by R Lee Wrights on November 17th, 2009 by Richard C. Evey
I first have to tell you the story and then give you the other bad news. I have taken portions of a news story, giving you the main facts and the important details that will lead to the main point of this writers rant.
Mr. Meservey, a resident of Stanwood, Washington, was drunk and belligerent when he got into the drivers seat of his car. He had been cut off by the bartender after he got pushy with a few females customers.
A number of the customers were concerned about a man attempting to drive, as he presented to be a risk to himself and most important, others on the road. One of the customers call 911 and told the dispatcher that they were all concerned about the guy leaving the parking lot and informed the dispatcher that he was extremely intoxicated.
Officer Troy Meade, 11 year LEO, of the Everett PD arrived at 11:39 PM, 5 minutes later Officer Steven Klocker arrived.
Mr. Meservey was hedged in by cars on both sides and a parking lot fence in front of him. Meade parked his patrol car behind Mr. Meservey boxing him in. He had nowhere to go.
Joanne Hancock was outside the bar when the LEOs arrived and went inside and told the people that “They’ve got him.” A group of people went outside to watch the arrest.
Meade spent over 5 minutes trying to convince Meservey to get out of the car. Klocker reported that Meade’s attitude was “belligerent” and that Meade “used language which made him (Klocker) uncomfortable because of the nearby civilians.”
Meade told Meservey “I don’t know why the f**k I am trying to save your dumb ass”, according to Klocker’s statement. Both officers pulled electro-shock torture devices (Tasers). Meade shot Meservey through the opened window. Meservey started the car and tried to drive away, over a concrete curb and ran into a chain-linked fence.
Remember Meservey was boxed in and Officer Meade could have just reached into the vehicle and removed the keys to the vehicle.
Meade then drew his weapon and took up a position near the left rear wheel of Meservey vehicle. “Time to end this, enough is enough” Meade said according to the Klocker. Then from a distance of 6 to 7 feet Meade fired 8, repeat 8, shots murdering Meservey.
When other LEOs arrived, they reported Meade was pacing back and forth. Meade then told the LEOs “I’m out of it, I want my Garrity.” He wants WHAT?? The “Garrity Rule” came out of a US Supreme Court ruling (Garrity v New Jersey, 385 U. S. 493, 1967) which triggers an enhancement of rights against self-incrimination that only government armed enforcers may enjoy. Any statement made after the Garrity incantation can only be used for departmental investigations BUT not for criminal prosecution.
In the Garrity case, LEO’s were advised that they had to answer questions subjecting them to criminal prosecution or lose their jobs. The Court rule that this was unconstitutional. There are two prongs in Garrity: first, if a LEO is compelled to answer questions as a condition of employment, the LEO’s answers and the fruits of those answers may not be used against the LEO in a criminal prosecution. Second, the department becomes limited as to what they may ask. Such questions must be specifically, narrowly and directly tailored to the LEO”s job.
Also, the Garrity Rule is not automatically triggered simply because questioning is taking place. The LEO must announce that they want the protection under Garrity.
My Take; The only force that should have been used in this situation was the force necessary to remove the keys from Meservey vehicle. Rather than using a logical approach to the situation, Meade (who was involved in a lethal shoot before) decided to go from talking to murder. Even the use of the Tazer is questionable.
There has been a $15 million lawsuit filed, Meade has been charged with first-degree manslaughter (manslaughter?) and placed on PAID vacation time (WHAT?). This person is walking the street at tax payer’s expense, if it was a civilian who did this: no bail and locked up until trial.
I ask: It would be nice if “We the People” had the same rights that the government paid Gestapo had? Announce a rule, then answer questions, get a slap on the wrist, go back to your job or get a paid vacation. I wonder how many LEOs have used this Garrity rule to get off, when they shoot someone or do some questionable action? Do they do it on their own, at the advice of a fellow LEO or a supervisor? Remember the blue wall!
We the People can invoke the Fifth Amendment of the US Constitution but the Gestapo would take us to task and not let up, but the LEOs get a pass. If we do not talk to the LEOs, we can be charged with a crime of withholding information, non cooperation, obstruction of justice and a dozen other laws we do not know about. If “We the People” do not bow down we are toast. Remember “Animal Farm”; “We are all equal, some more equal than others.”
Anytime we seek “help” from the government paid armed law enforcement are we effectively allowing them to use deadly force?
