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Originally Posted by Magnumdood
Originally Posted by curdog4570
Does AOTI[anyone other than isaac] picture a courtroom where a lawyer has just brought up the points made by Tbear and Isaac rushes to the jury box railing and-froth coming off his lips and into the faces of the jurors- screams ;

"That sh1t don't matter.The safety being engaged is irrelevant.I know. I'm a lawyer."

Note to minidood : Sorry , I just can't find a spot for you in a "real world "based scenario .Brush up on your +1's and you might make it someday.

curmudgeon,

It doesn't matter one whit whether the safety was engaged or not. He could swipe it to fire in under 0.1 seconds - much faster than SWAT could react to it IF they could see the safety, which they couldn't. All that is relevant is he had a weapon and was pointing it at the SWAT team. Being a Peace Officer is not a suicide pact. They don't have to take unneccessary risks, and they damn sure don't have to wait for a suspect holding a firearm to shoot at them before nuetralizing him, making him a non-threat. Say it after me curmudgeon: The safety doesn't mean schit, the safety doesn't mean schit, the safety doesn't mean schit. You're a hard-headed old fool, and Squats to Pee seems to have taken a liking to you. She'll +1 anything you put up there now.


If the question is "Are the cops lying about Jose pointing his rifle at them?", then the position of the safety is important .Some combat vets and others familiar with the AR have pointed out the " WHY" in several posts.

You do remember , don't you, that the cops first lied about being shot at. So the question of "Would THESE cops lie ?"has already been answered.

I can't remember if in your earlier post you said you had been studying "police" for the last eleven years or was it "policemen" you have been "studying"?

And "rules of evidence" are whatever a particular judge says they are in a particular case.I've been told by lawyers very highly regarded in the area of wrongful death defense that IN THE REAL WORLD the interpretation is much broader.I can see why that would be the case but since I'm not a lawyer I'll just take their word for it.

I doubt Steve No consults with Isaac as his first choice when defending his business clients against wrongful death claims.If Steve corrects me on this , I'll stand corrected .Otherwise , I'm standing by it.[IOW, Isaac's comments won't be considered in this instance]


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Originally Posted by Mac84
There is always someone who has to play devil's advocate. Given hindsite is 20/20 then yes it's an area of concern. I don't want to get into why didn't they take him at work or when he left the house, they are numerous risks there as well.


I understand the "whys" of the choice to use a SWAT team to assist in the serving of the search warrant.Isaac has explained that with the same repitiveness displayed in dodging the harder questions.

What I can't understand is an organization - in this instance the S.O. of Pima County - which ,given the luxery of choosing the time and method of the serving of the warrant,that is structered in such a way that the welfare of a small child is completely left out of consideration.The cops' own statements damn them .

They had Jose picked as the worst of the bunch.They knew he had two small children.

And nobody in the S.O.'s office had the cajones to ask ;"Are you guys out of your mind? Hit his house with a SWAT team ?"

And posts like this one are called "monday morning quarterbacking".


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Originally Posted by isaac
hawkeye did something to my computer via his airwaves,I think. The moment I hit submit, I immediately looked to see if I had said that and when I went to hit edit,a screen popped up saying "too late,sucka'"


Differences aside ;I feel your pain.grin


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This keeps going around in my mind.

How is one to know the dynamic entry team that has a search warrant is really the "police" and not some home invasion crew dress up like the "police" especially in areas that have a lot of home invasions and the home invaders are some times known to use police uniforms?


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Don't confuse advocacy for differences. I've spent 25 years dealing with folks who disagree with my positions,whether they actually do or not. And,on top of it, they are handsomely paid for it. You either learn not to take it personally or you'll end up letting emotions diminish your effectiveness. Our respective opinions here are simply that. What's important is how you let it affect you as I can surely assure you there will be another similar Guerena Swat raid thread coming soon to a 24H forum theatre near you. Next time,though,you can take the cops and I'll try out my skill-set arguing for the bad guys.I might surprise you.


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That's not a legitimate question on this thread.You are to refrain from posting on here until Isaac restores your privileges .


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Originally Posted by curdog4570
That's not a legitimate question on this thread.You are to refrain from posting on here until Isaac restores your privileges .


Who's Isaac? grin


Don't vote knothead, it only encourages them. Anonymous

"Never underestimate the power of stupid people in large groups." Anonymous

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Obliged.I MEANT differences of opinions expressed in this thread.

IMHO you just agreed with a "guess" I made earlier but I'm lettin' it lay.

edited to add:Please understand that I am rejecting your offer as far as side-switching in a future thread like this.I got my hands full when you are OUT of your natural element.grin

Last edited by curdog4570; 05/29/11.

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I've never seen an home invasion crew drive up in marked police cars with lights and sirens.


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When you see approximately 6 SUV vehicles clearly marked police/sheriff,lights flashing,sirens on,several other sheriff's vehicles clearly marked and lights flashing coupled by 6 SWAT guys in full body armor and helmets with Sheriff or police plastered in bold letters on their helmets on down, in about 6 different places,you'd have to really believe you've just been targeted by one very sophisticated and creative home invasion gang rather than the cops. Articles of police clothing and protective armor are relatively inconpicuous and you probably won't draw immediate attention to yourselves,until a search warrant is served,of course. Fully loaded police vehicles are another story and some might even think it could really draw some unwanted attention to your escapade were one to risk it.


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Originally Posted by Mac84
I've never seen an home invasion crew drive up in marked police cars with lights and sirens.
Likely neither did this Marine. Otherwise why would he have committed suicide by greeting them at the door with an AR? Any evidence he was suicidal, and/or wanted to endanger his wife and child?

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And "rules of evidence" are whatever a particular judge says they are in a particular case.I've been told by lawyers very highly regarded in the area of wrongful death defense that IN THE REAL WORLD the interpretation is much broader.
=================

Not unless the Judge wishes to be over-turned,he doesn't. The Rules of Evidence have been fairly well established since you were a kid,maybe a older kid. I feel you might be confusing Discovery with the Rules of Evidence.



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Originally Posted by The_Real_Hawkeye
Originally Posted by Mac84
I've never seen an home invasion crew drive up in marked police cars with lights and sirens.
Likely neither did this Marine. Otherwise why would he have committed suicide by greeting them at the door with an AR? Any evidence he was suicidal, and/or wanted to endanger his wife and child?

=================

Ummmm....maybe life in prison or the death chamber could have had something to do with it. If he was involved in the two killings and he believed the police probably knew it,his action could be considered ordinary.


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Originally Posted by Mac84
I've never seen an home invasion crew drive up in marked police cars with lights and sirens.


Where I live I would not notice police lights in the day time as my house is pretty well button up. At night it would be a little different if it was early evening and I was up but late night or early morning when I was asleep I would never see them.

I wouldn't notice sirens where I live because I hear them all the time so I wouldn't pay them much attention.

In a free society, it's up to the police to make every reasonable attempt to identify themselves. Dynamic entry for a search warrant is not a reasonable attempt in my book.

But I support freedom and liberty something way to many Campfire members do not. As long as a authoritarian/totalitarian government enforces law and order and provides security they are more than willing to give up freedom and liberty.



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Originally Posted by isaac

Ummmm....maybe life in prison or the death chamber could have had something to do with it. If he was involved in the two killings and he believed the police probably knew it,his action could be considered ordinary.
Maybe. Maybe not. Had they served the search warrant when he was outside his house we might have eventually known if you are correct beyond a reasonable doubt.

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Originally Posted by isaac
Originally Posted by The_Real_Hawkeye
Originally Posted by Mac84
I've never seen an home invasion crew drive up in marked police cars with lights and sirens.
Likely neither did this Marine. Otherwise why would he have committed suicide by greeting them at the door with an AR? Any evidence he was suicidal, and/or wanted to endanger his wife and child?

=================

Ummmm....maybe life in prison or the death chamber could have had something to do with it. If he was involved in the two killings and he believed the police probably knew it,his action could be considered ordinary.


I must admit, that makes perfect sense, considering all the damning evidence they recovered from his residence that he didn't want them to see......what a dipstick.

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Originally Posted by isaac
And "rules of evidence" are whatever a particular judge says they are in a particular case.I've been told by lawyers very highly regarded in the area of wrongful death defense that IN THE REAL WORLD the interpretation is much broader.
=================

Not unless the Judge wishes to be over-turned,he doesn't. The Rules of Evidence have been fairly well established since you were a kid,maybe a older kid. I feel you might be confusing Discovery with the Rules of Evidence.

You are right about the confusion between the two terms.I stand corrected .But the position of the safety will be relevant.Not as relevant as the denial of medical attention I grant you.

But relevant and gotten into evidence one way or the other.


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Damn DD.Get YOURSELF out of it.Get politics and your world view OUT of it.

Talk about Az.

Talk about Sherrif Dupnick.

Talk about Jose Guerno.

Please , please ,shut up about you and Montana.


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Originally Posted by curdog4570
Damn DD.Get YOURSELF out of it.Get politics and your world view OUT of it.

Talk about Az.

Talk about Sherrif Dupnick.

Talk about Jose Guerno.

Please , please ,shut up about you and Montana.


You might have a point. Montana is a different republic than AZ. I've been to AZ and you could not give me that republic/state.

I don't know when the last dynamic entry was used for a search warrant in my area. Even for drugs most police just walk up to the door and knock and give you the search warrant. At least that's been my observation.

Your right, carry on.


Don't vote knothead, it only encourages them. Anonymous

"Never underestimate the power of stupid people in large groups." Anonymous

"Self-reliance, free thinking, and wealth is anathema to both the power of the State and the Church." Derby Dude


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Originally Posted by curdog4570
Originally Posted by isaac
And "rules of evidence" are whatever a particular judge says they are in a particular case.I've been told by lawyers very highly regarded in the area of wrongful death defense that IN THE REAL WORLD the interpretation is much broader.
=================

Not unless the Judge wishes to be over-turned,he doesn't. The Rules of Evidence have been fairly well established since you were a kid,maybe a older kid. I feel you might be confusing Discovery with the Rules of Evidence.

You are right about the confusion between the two terms.I stand corrected .But the position of the safety will be relevant.Not as relevant as the denial of medical attention I grant you.

But relevant and gotten into evidence one way or the other.

==================

Let me hit you with a news flash,cur. Murderers,drug cartel drug distributors and home invasion robbers don't get a dime. I'd run from that thought,were I you. I'll give you a free pass if you stop pursuing that most foolish idea.

The so called denial of medical attention is also a defense no-brainer but we'll really never know. I'd be surprised if the family isn't across the Rio Grande by now.

Last edited by isaac; 05/29/11.

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