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I have high hopes for the CCW going the way of the dodo this year....
Not sure what good that'll do. Ya'll can't even shoot dirt. grin


We may know the time Ben Carson lied, but does anyone know the time Hillary Clinton told the truth?

Immersing oneself in progressive lieberalism is no different than bathing in the sewage of Hell.
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Charges dropped.

I am not sure if this has been posted as yet. If it has, I am sorry for the redundancy.

http://www.unionleader.com/article/20120223/NEWS03/120229969


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Wise men speak because they have something to say; fools because they have to say something. - Plato

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I just got back and to Fosters and saw the same thing.

I'm pleased with VA Velardi, as I thought I would be, and I'm glad he used the term "unjust".

It doesn't undo the damage done, though. That's not on him.

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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Kudo's to all those involved. Justice was done here, and it's a beautiful thing to see.

Extra kudo's to you George! You demonstrated how bad judgement by an officer of the law is not accepted, tolerated, or condoned by the others, but quite the opposite.

I think when things like this happen and the department itself remains silent in order to conduct it's investigation, it gives the wrong impression that the officers of that department are ok with what happened and are just covering it up.

You were emphatically embarrassed and disgusted by it, as I'm sure most officers you work with, were too. Thank you!



Edit: I guess I should have read the article first. I'm very impressed with the DA!!! The guys actions that day do fill the letter of the NH law for felony recklessness, as such the DA could have completely upheld the law and prosecuted this guy. He, instead decided that the law is poorly applied to a situation like this. Well done! Going by the book isn't always the best way to go. A lesson I hope the arresting officer learns.


Last edited by HugAJackass; 02/23/12. Reason: Actuallty read the article

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I'll just take a moment to unsure that, in case of any misunderstanding somewhere back there, that this was not my Department. It was, however, damn close and in County.

I know every officer up there, some better than others, and I have not yet spoke to any of them. In reality, they're a damn good group of guys and I would go through a door with any member of their patrol division. Unfortunately, this time, schit happened....

George

Last edited by NH K9; 02/23/12.

�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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Ya know. In reading some of the posts where a few put the officers involved down for making the decision to arrest didn't sit very well with me. It's really easy to be a back seat driver, or an arm chair quaterback, or any other term you want to apply. One mentioned, "what happened to officer discretion"? We have all the time in the world to sift through things after the fact, but a cop has to make his decision right then and there for the most part. I made arrests maybe that I shouldn't have made. But based on the situation at hand, I made my decision. If the cause was found, the arrest stood. If the evidence didn't support me, as in this case, the charges were dropped. Everyone involved with this did the job they were hired to do. What more can you ask of anyone?


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Nowadays people know the price of everything and the value of nothing.

Wise men speak because they have something to say; fools because they have to say something. - Plato

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Originally Posted by NH K9
I'll just take a moment to unsure that, in case of any misunderstanding somewhere back there, that this was not my Department. It was, however, damn close and in County.

George


Yeah...

I could have worded my post better... blush


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Careful, LBK, they'll label you a "ball licker".

Thanks, though, for clarity of thought. I've come to expect that grin .

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 Longbeardking
Ya know. In reading some of the posts where a few put the officers involved down for making the decision to arrest didn't sit very well with me. It's really easy to be a back seat driver, or an arm chair quaterback, or any other term you want to apply. One mentioned, "what happened to officer discretion"? We have all the time in the world to sift through things after the fact, but a cop has to make his decision right then and there for the most part. I made arrests maybe that I shouldn't have made. But based on the situation at hand, I made my decision. If the cause was found, the arrest stood. If the evidence didn't support me, as in this case, the charges were dropped. Everyone involved with this did the job they were hired to do.


After actually reading (blush) the article, I can't disagree with you one bit.

It does lead me to question though, how much latitude do officers have in using judgment to how a law is applied? Would that officer come under a lot of heat from supervisors and such had he come to the same conclusion that the DA did?


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The "bad" news is, I have to blow out of here for a PC Hearing on a felony that isn't my case (assisted another agency). I had a righteous case of pizzed-off going because I had to reschedule an important appointment for my uncle as they wouldn't release me from the subpoena.

Now I have to go in and be nice to the prosecutor from the CA's office and ask her to thank Tom for me. Damn it!

grin

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 NH K9
The "bad" news is, I have to blow out of here for a PC Hearing on a felony that isn't my case (assisted another agency). I had a righteous case of pizzed-off going because I had to reschedule an important appointment for my uncle as they wouldn't release me from the subpoena.

Now I have to go in and be nice to the prosecutor from the CA's office and ask her to thank Tom for me. Damn it!

grin

George



If you see Velardi, please give him a big "atta boy" from us here!


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It does lead me to question though, how much latitude do officers have in using judgment to how a law is applied?


We have miles of "rope" with which to hang ourselves. That becomes part of the problem. If you get a guy that is so hung up on liability/getting sued (not saying that's the case here) decisions may become "exact letter of the law".

My Chief always told me that if I knew I wasn't going to like the answer I received when I called a supervisor, I should make the decision on my own. I took that to heart and live and die, generally, without involving anybody else. Not everyone is as lucky with bosses as I am.

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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That's really NOT the officer's job. He's out there to 1, keep the peace and 2 ENFORCE the law. Cops do NOT fire warning shots. Reckless conduct??????????? Hard to say. Poor judgement?????????????? NO QUESTION. Cops catch heat, no matter what they do. Latitude in judgement DIRECTLY relates to common sense. A cop is damed if he does, and damed if he does NOT.


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I just hope the guy gets his guns back, I'm sure he will, since it seems charges were never brought.


EVERYBODY is pro-gun, some just don't know it. When an anti-gun person is in trouble, the first thing they do is call 911 and demand that they send somebody with a gun!

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The press release from the D.A., cited in the article, included this:

Quote
The facts available at the scene on Saturday supported the charge of felony reckless conduct, but subsequent facts discovered since have led me to believe that such a charge under these circumstances would be unjust,"


The D.A. has discretion, too, and he used it.


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Originally Posted by Longbeardking
Ya know. In reading some of the posts where a few put the officers involved down for making the decision to arrest didn't sit very well with me. It's really easy to be a back seat driver, or an arm chair quaterback, or any other term you want to apply. One mentioned, "what happened to officer discretion"? We have all the time in the world to sift through things after the fact, but a cop has to make his decision right then and there for the most part. I made arrests maybe that I shouldn't have made. But based on the situation at hand, I made my decision. If the cause was found, the arrest stood. If the evidence didn't support me, as in this case, the charges were dropped. Everyone involved with this did the job they were hired to do. What more can you ask of anyone?


Exactly, that's why we have the judicial system that we do with checks and balances.

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That's what I figured. Thank's to both of you gents for clearing that up for me.

To rehash in simpleton terms so I know I am getting this right....



It's the officers job to enforce the law, as it stands on the books.
It's the DA's job to determine the spirit of that law and decide rather or not to prosecute.
Cops have latitude, but have to answer for their decisions.


It seems to me that if I was an officer, I'd follow the law to the letter, and in such cases as it (the law) doesn't sit well in application to a certain situation like this one, I would do my best to speak on behalf of the arrested party.

Cops are damned if they do, and damned if they don't. It seems to be that the public is as well. This guy still went through a lot of hassle and stress.


As LEO's (George, I'll get your answer later as you already said you've got to hit the road), what would you like to see done to change the system in a manner that is less intrussive to the public?

Hard one, I know, as in this case the man brought on his own strife by actually breaking the law, even if not in spirit.


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Originally Posted by Cheyenne
The press release from the D.A., cited in the article, included this:

Quote
The facts available at the scene on Saturday supported the charge of felony reckless conduct, but subsequent facts discovered since have led me to believe that such a charge under these circumstances would be unjust,"


The D.A. has discretion, too, and he used it.


Yes, they do and prosectorial discretion is used more then Joe Citizen realizes it is. It sometimes pisses Joe Citizen off that it's used, but the scale of justice swings both ways.

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Originally Posted by pa_gus
I just hope the guy gets his guns back, I'm sure he will, since it seems charges were never brought.
I'm still stunned they were confiscated and yes, hopefully they are already returned without a scratch (but with an apology would be nice).


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Originally Posted by HugAJackass
That's what I figured. Thank's to both of you gents for clearing that up for me.

To rehash in simpleton terms so I know I am getting this right....



It's the officers job to enforce the law, as it stands on the books.
It's the DA's job to determine the spirit of that law and decide rather or not to prosecute.
Cops have latitude, but have to answer for their decisions.


It seems to me that if I was an officer, I'd follow the law to the letter, and in such cases as it (the law) doesn't sit well in application to a certain situation like this one, I would do my best to speak on behalf of the arrested party.

Cops are damned if they do, and damned if they don't. It seems to be that the public is as well. This guy still went through a lot of hassle and stress.


As LEO's (George, I'll get your answer later as you already said you've got to hit the road), what would you like to see done to change the system in a manner that is less intrussive to the public?

Hard one, I know, as in this case the man brought on his own strife by actually breaking the law, even if not in spirit.


Laws are continually being amended in the court or legislative body. It's just like changes that come out for TM's in the Army, a constant cycle of change. In this state for example, legal defense groups are speaking to legislatures to make amendments, just as LE groups are. These battles take place in committees and amendments come out one way or the other after a vote by both houses. We have a good checks & balance legal system as in this case.

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