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Originally Posted by curdog4570
I think the record should be subject to discovery.

The Lawyers can argue over relevancy with regard to its contents and the Judge can rule.

If I was charged with a crime of violence, the State would be questioning my neighbors and friends, hoping to establish a pattern of violent behavior. They would have a list of all my prior arrests and/or convictions.

A LEO's abuse victims would likely be scattered among the general population. How would one find HIS victims without the help of the State.


Here, I am mandated to disclose anything in a file that would impeach an officer's credibility to the defense.

If you were charged, the State would absolutely have your records and could ABSOLUTELY NOT utilize them in the course of the trial (*assumption based on our standards*). Upon conviction, however, a past history of CONVICTION for a similar offense is relevant to sentencing.

George


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�

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"Mr. Yantis, this is the Sheriff's Dept. One of your bulls has been hit by a car down here on the highway in front of your house. Some people are hurt. We've got our hands full getting them to the hospital. I'd appreciate it if you'd come down here, put the bull down and take it away from the scene. It's hurt pretty bad and is getting in the way.

I appreciate it"

Handled like that, the situation is over with.

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Originally Posted by pal
Too bad to see LE/groupies intentionally misdirect this thread.


It's what you do if you're trying to defend the indefensible.

"Wait on the facts" is about worn out on this thread.

The Atty. General ain't hossin' to have to tell the family and friends, along with concerned citizens, that he is not going to prosecute these two cowardly thugs.

We may be here awhile.


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Gene, forgive me, but this one is likely to go long......

Let's take similar offenses.... an assault for an LEO and "regular" citizen.

John Smith has been investigated for 3 assaults, but not arrested. Let's say "false reports" on two and lack of evidence on the third. Bare with me and assume he's a "local" and all are handled by "my" agency. He's arrested and going to trial. None of those investigation can be (nor should they be) admitted.

Off. Smith has been investigated for three assaults (use of force on duty). Two were found to be "false reports" and one was ruled out on lack of evidence. Same/same......should those be admissible?

The major difference...... On the two "false reports" for John Smith, the reporting party is getting arrested. Cleared false reports with an officer, around here at least,........not gonna happen.

George


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Originally Posted by curdog4570
Originally Posted by pal
Too bad to see LE/groupies intentionally misdirect this thread.


It's what you do if you're trying to defend the indefensible.

"Wait on the facts" is about worn out on this thread.



If we're going to be waiting, I'll hold out until you find me doing either of those.....


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Originally Posted by curdog4570
If I was charged with a crime of violence, the State would be questioning my neighbors and friends, hoping to establish a pattern of violent behavior.

There are ways that you could (foolishly) make it possible for a prosecutor to present that information to a jury.

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Originally Posted by tjm10025
Originally Posted by curdog4570
If I was charged with a crime of violence, the State would be questioning my neighbors and friends, hoping to establish a pattern of violent behavior.

There are ways that you could (foolishly) make it possible for a prosecutor to present that information to a jury.


For the record....full disclosure..... I don't do juries.


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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If I was charged with spousal abuse, the state could find an ex wife to testify against me.[hypothetical, of course]

If a cop is charged with abuse of authority on his present job, shouldn't the records of his past jobs be open for inspection?

THAT'S as close to apples and apples as I can get.


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Gene....in your hypothetical I'm assuming that the "ex" is going to be used to testify in regards to past abuse. If so, that's character evidence and is inadmissible by the prosecutor. If a defense attorney REALLY screws up and "opens the door" he might be able to get it in later. If so, blame the hypothetical lawyer.

So, apples to apples, personnel file open during trial?


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Originally Posted by curdog4570
If I was charged with spousal abuse, the state could find an ex wife to testify against me.[hypothetical, of course]

If a cop is charged with abuse of authority on his present job, shouldn't the records of his past jobs be open for inspection?

THAT'S as close to apples and apples as I can get.
His fellow blue liners can testify how many baton hits it took to subdue the perp after his head was split opne.


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Originally Posted by curdog4570
If I was charged with spousal abuse, the state could find an ex wife to testify against me.[hypothetical, of course]

Don't know about Texas, but let's keep this general.

You're charged with domestic battery of your second wife. You were previously convicted of domestic battery of your first wife.

In any state I know about, the prosecutor would NOT be allowed to let the jury know about the first conviction, and if the prosecutor DID let them know, even accidentally, say though the careless testimony of a non-very-bright investigating officer, that would be grounds for mistrial, or reversal by a court of appeals. Your first wife would not be allowed to testify ... UNLESS ...

And this is why your first wife would be patiently waiting in the corridor ... for just this very moment ... (Just thinking about this makes me smile.) If you were to be STUPID enough to take the stand in your defense and say, in front of the jury, something like "I'm just not the kind of person who would beat up a woman."

I live for moments like this. You just made your character an issue in your trial, and - details will vary, state-to-state - up walks your first wife, past the defense table, hiding a little smirk on her face and she takes the stand and says to the jury, "Well, he purely beat the hell out of me!"

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Beat you to it this time..... grin


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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We're even for the evening. wink

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Fair enough, though your explanation was laid out better.

That's the difference between a real prosecutor and a cop filling the role in District Court.


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Thanks. I suspect you do pretty good, yourself.

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Originally Posted by Bristoe
"Mr. Yantis, this is the Sheriff's Dept. One of your bulls has been hit by a car down here on the highway in front of your house. Some people are hurt. We've got our hands full getting them to the hospital. I'd appreciate it if you'd come down here, put the bull down and take it away from the scene. It's hurt pretty bad and is getting in the way.

I appreciate it"

Handled like that, the situation is over with.
I don't know how the Dispatcher worded it, but that sounds pretty close to how it was done, save for your last sentence. Your first two paragraphs occurred and instead of the last paragraph, the cops shot Mr. Yantis when he arrived to do what the Dispatcher requested.

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Originally Posted by AcesNeights
Originally Posted by logcutter
Someone on Facebook is saying that it is the same officer that got fired from the McCall PD.That would not surprise me as I know more than one that went to Adams county as deputies from the McCall PD.

Another said I new it about it being the same officer...



If this turns out to be true I hope it shines a light on the practice of firing a cop from one force only to be hired by another.

If a cop is fired for actions such as this, they should be banned from ever wearing a badge.


It is infact true..He was hired as a part time Marine officer then went full time in Sept of 2013 after being let go at the MPD.

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Originally Posted by DINK
Originally Posted by Tarkio
Originally Posted by DINK
Originally Posted by Tarkio
Originally Posted by DINK


One Deputy had 5 years on the other 15 years on.

My opinion is the rancher wanted to save the bull for is AI program. The bull is probably worth a lot of money in AI sales. There some type of argument that takes place and it goes from there.

That's why the wife has the de-escalation statement.
Dink


You are really way off there. Stick to what you know.


Or I could be right.

Think about. No rancher cares about a meat bull especially if the vehicles insurance covers it.

Deputies with 5 and 15 years on had been down this road many times before. They don't care who kills the bull.

The only thing the fight could have been about is the bull. And he is only cared about if he's worth more than the insurance will pay. If the rancher thought he could save him and sell straws from him and the deputies wanted to kill him is what the fight is going to be about.

My guess is as good as anyone else's.

Dink


No, no you're wrong and your guess is much poorer than those with some knowledge on the subject.

Every rancher I know, and I know hundreds, care very much about salvaging an animal such as this.

You have no clue what you're talking about with regard to selling semen. An article stated the rancher had hand-raised this calf. You aren't selling semen on a gelbvieh bull raised like that. Trust me, you are way off base there.


You could be right or wrong...

Dink


One last time.

You have no idea what you are talking about.

Yes, I know what AI bulls are worth. I also know what it takes for a bull to reach that level. I have personally bought, at auction, bulls that ended up in an AI stud. I have worked many bulls that ended up standing at stud including one of the all-time high sellers in the Angus breed. You obviously know nothing about the subject matter. Quit embarrassing yourself and talking out your bunghole. Your assumption would be akin to me saying the neighbors 98 Toyota pickup that was destroyed by a vandal is as valuable as Jeff Gordon's Nascar race car.


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Of course I know nothing about AI Bulls that's why I asked about the value of one.

Another question. If the rancher was into progressive ranching why would he keep a bull that had no potential in becoming a top notch bull?



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it was raised from a calf and was like a pet.


God bless Texas-----------------------
Old 300
I will remain what i am until the day I die- A HUNTER......Sitting Bull
Its not how you pick the booger..
but where you put it !!
Roger V Hunter
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