Looks like the OHP takes it on the chin yet again.

[TeeDub]

Does the law allow leeway for "pissed off" cops so that they may beat misdemeanor violators without repercussion? Because they had become "pissed off" after a driver backed into their car and forced them to chase him?

Obviously it does.   There were no charges filed.

[AquaMan]

Cute. Civil charges may cost them eventually. If this is the kind of policing you desire, then enjoy.

[TeeDub]

I don't care what color you are.   If you run from the cops, I will give them a pass on some sort of reciprocation.   

[patric]

Cute. Civil charges may cost them eventually. If this is the kind of policing you desire, then enjoy.

You would be suing the taxpayers.  Its only when you can sue the actual offender that there would be any sort of deterrent.

[AquaMan]

I don't care what color you are.   If you run from the cops, I will give them a pass on some sort of reciprocation.   

Spoken like a fascist. Dumb but hard as rocks. Reciprocation would involve running the other way.

[Vashta Nerada]

Missing Ballistics Evidence Leads to Suspicion of "Friendly Fire" Coverup


Oklahoma Highway Patrol Trooper David "Rocky" Eales was the unwitting victim of a long feud between Kenneth Barrett and Sequoyah County deputies.
The tragic outcome of a bogus drug raid in 1999 cost Eales his life, and the man convicted of shooting him, his freedom.


   "should have killed him when he was younger"


Defense attorneys claimed that Barrett didn't know who was attacking him that night -- the raid happened about 12:30 a.m. -- because the five-vehicle caravan was led by a Ford Bronco with no markings nor emergency lights.
Barrett, of the small community of McKey, told state investigators that he returned fire only after being wounded himself. A deputy admitted to shooting Barrett through the suspect's living room window.

The no-knock, midnight raid yielded no illegal drugs  during the search of his cabin, and prosecutors could not produce the "paid informant" responsible for providing information leading up to the search warrant.

Eales was apparently killed by friendly fire from a Sequoyah County deputy as the deputy fired over Eales' Bronco into Barrett's cabin. It was mutually agreed between multiple departments that "a good cop shouldn't have to suffer" because of a mistake, so the evidence was allegedly manipulated to fall on Barrett.

OHP troopers were visible in the ER to collect the bullets that were removed from Eale's body prior to ballistics testing, but later claimed they did not. They were never accounted for.

Jurors in two state trials found that, while Eales was no angel, there were large inconsistencies in how evidence was mishandled and how accounts of the incident changed as state troopers "circled their wagons."
Capt. Kerry Pettingill, the tactical team commander, testified that he saw a silhouette shoot from Barrett's porch, despite not having mentioned that fact in earlier interviews. Other troopers who have testified also have offered versions of the shooting that differed from their previous accounts.

A Sequoyah County jury deadlocked when prosecutors tried Barrett for murder in 2002, but another panel found him guilty in 2004 of first-degree manslaughter and assault with a deadly weapon.  Barrett was already serving a 20-year state sentence for first-degree manslaughter but was sentenced to death in 2005 when police groups put pressure on U.S. District Judge James H. Payne to get a federal conviction.

The defendant's family and attorney have argued that Barrett was unfairly subjected to double jeopardy by being charged federally for the crimes for which he already was tried in state court.
"Why should you allow a second government to punish Kenny Barrett because a greedy person, or an organization, like OHP, isn't satisfied with the punishment?" attorney Roger Hilfiger asked jurors.

Dennis Franchini, deputy inspector for the Oklahoma State Bureau of Investigation, told the court he interviewed a wounded Kenneth Eugene Barrett on Sept. 24, 1999, at St. Francis Hospital in Tulsa.  The defendant claimed that he was stomped and struck with a flashlights while pulled from his cabin by his hair.
Referring to the inspector's interview, Barrett's lead counsel, John Echols, noted that Barrett's antagonists said they "should have killed him when he was younger" and that "he's going to be put in jail, and he's going to die there."

During the five-week trial in 2004, Barrett's attorney acknowledged that law enforcement officers were indeed authorized to attempt service of the warrant. But he said Barrett, who was also injured in the shooting, wasn't obligated to surrender his right to defend himself against an "unknown person."
Already wounded, Barrett was blinded by headlights and shot at a vehicle that had driven up to his porch, Echols said.

Barrett's court-appointed attorney, John Echols, claimed the raid was poorly executed and alleged a government "cover-up" that included the destruction of ballistic evidence, documents and tape recordings that contained fresh recollections of the gunfight by troopers.
Echols suggested that the government wasn't telling the truth when it said Barrett ambushed the officers.
However, he said a homeowner who is surprised at night by someone driving across his yard "might be moved to fire at you."

He claimed that Barrett didn't know that law enforcement officers were inside the vehicles, suggesting that no charge would have been brought had a civilian been slain.

When a photojournalist working for a Tulsa TV station questioned officials at the scene about what appeared to be bullet holes that entered Eales vehicle from the wrong direction, he was told to stop jeopardizing the stations relationship with OHP.

Barrett says he has also struggled as a result of the shooting and his alleged status as a "cop killer" while incarcerated.

One of the bullets that hit Barrett remained lodged in his hip as of last year, according to court records. In July 2000, records show that a doctor underlined the words "needs to have bullet removed" and in June 2001, records show that the Sequoyah County District Court ordered that Barrett be transferred to a state facility for possible removal of the bullet. Barrett alleges in a lawsuit that Sheriff Johnny Philpot told him that "you are in my custody, and that isn't happening. You just need to live with the consequences of being a cop killer."

Barrett claims that troopers came to St. Francis Hospital in Tulsa, where he had been taken after the shootout, and coerced doctors to release him after he had been there only a few hours.  Barrett maintains he could only crawl when he was taken back to the Sallisaw city jail, where he says former Chief Gary Philpot denied him medication and daily bandage changes, resulting in an infection.

[patric]

Does the law allow leeway for "pissed off" cops so that they may beat misdemeanor violators without repercussion? Because they had become "pissed off" after a driver backed into their car and forced them to chase him? Several times that has been mentioned and it is irrelevant.

It may be pragmatic advice, but you have no obligation as a citizen to keep cops happy or sedate. They have the obligation to control their emotions and act professionally. Most do. At least they didn't shoot the guy.

Deaf man paid $175,000 in taxpayer funds to settle claims Oklahoma troopers used excessive force during traffic stop
Was "ignoring commands"
http://newsok.com/article/5583890

[patric]

OHP wrong in not releasing more information on fatal high-speed chases

http://www.tulsaworld.com/opinion/editorials/tulsa-world-editorial-ohp-wrong-in-not-releasing-more-information/article_33ed0b7e-948e-56a6-bece-542df498d62f.html

[TeeDub]

So two innocent people were killed in 14 months worth of high speed chases?

I hate that that happens, but the article doesn't give us any numbers on how many chases there were.

Those numbers could be really good.

[patric]

So two innocent people were killed in 14 months worth of high speed chases?

I hate that that happens, but the article doesn't give us any numbers on how many chases there were.

Those numbers could be really good.

TPD ran over another fleeing pedestrian last week so you might be right if we could compare; the secrecy makes that difficult.

OK that troopers raced to be the lead pursuer
http://www.tulsaworld.com/news/state/seven-oklahoma-highway-patrol-chases-resulted-in-eight-deaths-all/article_257c82ed-ffc0-5d02-a7a8-03a77dd93cc0.html

S E V E N

[TeeDub]

Running from the cops is a calculated risk.   If they kill those people the public is entitled to know the odds.

In the case of the OHP, it is apparently 1 per quarter.

[patric]

Running from the cops is a calculated risk.   If they kill those people the public is entitled to know the odds.

Including those who were simply in the way?  OHP kiled one of their own, that should have been a big red flag.

http://www.tulsaworld.com/news/crimewatch/a-wrong-way-chase-turned-a-larceny-suspect-into-a/article_ee64d298-c8b9-5837-9958-97d0af850a36.html

[TeeDub]

Right....   You linked to those several times...   Two innocent lives lost in 14 months. 

[Townsend]

Right....   You linked to those several times...   Two innocent lives lost in 14 months. 

What's the acceptable rate?

[TeeDub]

What's the acceptable rate?

Probably right in there somewhere.