Burning Atlanta

This happens on a regular basis if one is in law enforcement. I've known any number of cops and, despite some heavy talk and verbal bravado, I've never met one that really wanted to shoot anybody. Too much paperwork. *S* 

This is often what happens when a cop may be cleared of criminal charges but faces a civil suit from the family of the deceased. It's the same kind of thing that happened to OJ Simpson. He was acquited of criminal charges but lost in a civil suit. Two different criteria.  One is "Beyond a reasonable doubt." The other, in a civil suit suit, is "By a preponderance of the evidence." It's possible a jury could find against him but I sure hope not, judging from the facts as stated in the article. It wouldn't matter if it was an illegal or a citizen, don't attack a law enforcement officer with a weapon and not expect to be shot.

It's a very common human reaction NOT to blame your loved one, no matter how wrong their actions. It reminds me of a video I saw that showed a cop wrestling with a perp during a traffic stop. The perp shot at him, at least once if not more, as they grappled. The cop got the upper hand and shot the perp, who died. The father of the perp was quoted as saying, "I don't care what the video shows, they didn't have to kill my son."

Okay, I found the video. I was only SLIGHTLY off on the father's statement.

I'm pulling for you, officer.

The Border Patrol agent who shot and killed an undocumented immigrant in Downtown El Paso in 2003 said in court Tuesday that his actions were justified because the migrant charged him with a pipe.

"I never wanted to have to shoot anybody for my whole career, but he left me no choice. He made the choice, not me. He came at me with deadly force," Agent Vernon Billings said on the witness stand.

On Feb. 22, 2003, Billings shot Juan Patricio Peraza, who was 19, during a standoff between the young man, armed with a pipe, and six Border Patrol agents, including Billings, with their weapons drawn. After an investigation by the El Paso Police Department, a grand jury chose not to indict Billings. Billings is still a Border Patrol agent.

The case being heard this week by U.S. Magistrate Richard P. Mesa is a lawsuit filed by Peraza's parents against the U.S. government claiming negligence and seeking unspecified damages.

Billings testified that he yelled in Spanish at Peraza to drop the pipe, and that Peraza made eye contact and charged him with his pipe raised. Billings said he shot twice.

Enrique Moreno one of the attorneys for Peraza's parents, said Billings had "barged in" with no regard for the ongoing negotiations between Peraza and the other agents.

"It was an option to approach cautiously and gather more information, wasn't it?" Moreno asked in court.

"When my fellow agents need immediate backup, no, it's not an option," Billings said. That's right, blame the evil cop.