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posted by n1 on Friday July 22 2016, @11:52AM   Printer-friendly
from the we-shot-the-wrong-unarmed-man dept.

North Miami Police say they responded on July 20 to the area of Northeast 14th Avenue and Northeast 127th Street for a report of an armed man threatening suicide.

The "armed man" was a 23-year-old autistic patient who had wandered away from a nearby mental health center. He was sitting on the ground, playing with a toy truck.

47 year old behavioral therapist Charles Kinsey, a black man, was attending to the patient.

Multiple cops, armed with rifles, responded to the scene.

Kinsey was hit in the leg by one bullet. A photo shows Kinsey lying on his back with both hands in the air.

Speaking from his hospital bed Wednesday July 20 to a reporter for WSVN TV, Kinsey said "when it hit me I had my hands in the air, and I'm thinking I just got shot! And I'm saying, 'Sir, why did you shoot me?' and his words to me were, 'I don't know'."

The police administered no first aid. "They flipped me over, and I'm faced down in the ground, with cuffs on, waiting on the rescue squad to come", Kinsey said. "I'd say about 20, about 20 minutes it took the rescue squad to get there. And I was like, bleeding."

No gun was found at the scene.

At a Thursday July 21 press conference, the Miami-Dade Police Benevolent Association said the officer was a member of the SWAT team. The head of the PBA told reporters the officer was too far away to hear what Kinsey was saying before he fired.

Heavy.com Heavy.com with video

Submitted via IRC for Runaway1956:

A Florida police officer shot and wounded an autistic man's black caretaker, authorities said, in an incident purportedly captured on cellphone video that shows the caretaker lying down with his arms raised before being shot.

Source: LA Times


Original Submission #1Original Submission #2

 
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  • (Score: 1, Informative) by Anonymous Coward on Friday July 22 2016, @01:35PM

    by Anonymous Coward on Friday July 22 2016, @01:35PM (#378489)

    > That somehow is supposed to make this OK.

    In fact it is supposed to make it OK.

    Whenever cops get caught in an unjustified shooting their union helps them tailor their description of events to fit within a couple of narrowly defined legal protections. Claiming they were shooting at the other guy because they thought the toy truck was a weapon puts them right square in the middle of the "justifiably feared for their lives" defense. They don't care how it looks to the public, they are trying to avoid a conviction in court. It is obvious donkeyshit because the law is an ass.

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  • (Score: 3, Insightful) by Arik on Friday July 22 2016, @01:45PM

    by Arik (4543) on Friday July 22 2016, @01:45PM (#378492) Journal
    If you or I tried this the prosecutor would point out the discrepancy between that account of events and the gentleman being handcuffed and left bleeding in the streets afterwards and we'd be laughed out of court and right off to prison. But when the defendant is a cop the prosecutor is afraid to actually seek conviction, for the wrath of the police union, and probably won't even mention it to the grand jury.
    --
    If laughter is the best medicine, who are the best doctors?
  • (Score: 3, Insightful) by Thexalon on Friday July 22 2016, @02:14PM

    by Thexalon (636) on Friday July 22 2016, @02:14PM (#378514)

    Claiming they were shooting at the other guy because they thought the toy truck was a weapon puts them right square in the middle of the "justifiably feared for their lives" defense.

    Except he's going to have to explain how he thought the toy was a gun when the guy with a very good look is yelling "It's a toy! Don't shoot!" And more importantly, how the heck a Tonka truck resembles a Glock 9. And how his aim was so off that he didn't hit the kid, but the guy standing next to him. And why, if he made a mistake when he chose to shoot, he didn't make the slightest effort to administer first aid.

    I'm guessing the real reason he shot Mr Kinsey is "I won't be told what to do by an uppity n*****!"

    --
    The only thing that stops a bad guy with a compiler is a good guy with a compiler.
    • (Score: 0) by Anonymous Coward on Friday July 22 2016, @03:22PM

      by Anonymous Coward on Friday July 22 2016, @03:22PM (#378562)

      > Except he's going to have to explain how

      Uh, yeah. Better for him to have to explain it in court than to come to court with a defense that doesn't even fit the special legal protections given to cops.

      I feel like you are not hearing what I said - this is about maximizing his chances of winning in court. Just because it is his best hand to play doesn't necessarily make it a good hand, it just makes it better than all the other options available to him.

      • (Score: 0) by Anonymous Coward on Saturday July 23 2016, @06:13PM

        by Anonymous Coward on Saturday July 23 2016, @06:13PM (#379109)

        "Just because it is his best hand to play doesn't necessarily make it a good hand, it just makes it better than all the other options available to him."

        Given the fact that cops are held to a much much lower standard than the rest of us there is a good chance this cop will be let off scot-free. Given their lower standard this is actually not such a bad argument. Oh, it would never work on a regular citizen in a million years but remember cops are not held to the same high standard as anyone else.

        For example:

        Ordinary citizens have been convicted of crimes with a lack of clear and unambiguous video footage. Yet I can't think of one example of this happening to an on duty police officer. Even with clear and unambiguous video footage it's still darn near impossible to convict an on duty police officer of anything. For every instance that such footage has been publicly released it's not hard to imagine there are many instances of misconduct that cops got away with only due to a lack of publicly released footage.

        Every self respecting cop should be embarrassed at the fact that they are held to a lower standard than the rest of us. They should be ashamed of themselves that we consider them to be less than the rest of us. They should demand the honor of being held to a higher standard so that they can be considered better than the rest of us and not worse in need of special privileges to compensate for their inferior and often barbarian nature. If this cop gets off scot-free every self respecting cop should take that to be an insult to their profession. At the very least this is gross negligence on the part of the police officer.

    • (Score: 2) by NotSanguine on Friday July 22 2016, @08:03PM

      Except he's going to have to explain how he thought the toy was a gun when the guy with a very good look is yelling "It's a toy! Don't shoot!" And more importantly, how the heck a Tonka truck resembles a Glock 9. And how his aim was so off that he didn't hit the kid, but the guy lying on the ground next to him, with his hands in the air. And why, if he made a mistake when he chose to shoot, he didn't make the slightest effort to administer first aid.

      There. FTFY.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr