|Go ahead punk, make my day|
If that's the case, the money paying for an SRO / Overtime cops would be better spent on professional armed security teams, who know it's their fucking job to put someone 6' under if they are shooting up the school.
|Official Space Nerd|
I'm no lawyer, but there are sins of commission (what you did) and sins of omission (what was in your power to do but you did not do).
For cops, the same standard should apply.
What if a cop sat idly by as someone strangled a bystander to death right in front of him? Should that cap be charged for something he "didn't do?"*
* The answer is 'Yes,' btw. . .
No arsenal is so formidable as the will and moral courage of free men and women.
|Age Quod Agis|
This is exactly where I am on this one. In addition, I heard a report today that the SO's policy statement on shooters says an officer "may" run to the gunfire, not that an officer "will" run to the gunfire. I.e., there was written instruction that the officer could use his judgment rather than move to the gunfire. That doesn't change what I think of him, but it may well change his legal position.
I also agree with GW3971 who suggests that criminally charging someone for failing to act is a difficult standard, and something we should be very cautious about.
I know that the families want him charged, and the new Sheriff is sensitive to that pressure. There is also a claim being made that he had a "special relationship" with the students and thus was obligated to protect the students over an above the general duty to society expressed by the supreme court. There is also a suggestion that by calling a code red and locking down the school, he prevented students from escaping and thus permitting more of them to be killed, and that he therefore also committed a crime.
I honestly don't think he can legally be convicted of the criminal charges, and if he is, I believe the appellate levels will overturn the conviction. The problem is really one of imposing societies judgment after the fact over the judgment of the officer on scene at the time. We all agree that he had an obligation to do more than he did, but I think we also agree that he didn't have an obligation to get himself needlessly killed to no purpose. Somewhere in between those two extremes is the conduct that we expect. I'm not convinced that the criminal law is the right way to do it.
"We may consent to be governed, but we will not be ruled." - Kevin D. Williamson, 2012
"All the citizens of this land are of right freemen; they owe no allegiance to any class and should recognize no task-masters. Under the chart of their liberties, under the law of high heaven, they are free and without shackles on their limbs nor mortgages upon the fruits of their brain or muscles; they bow down before no prince, potentate, or sovereign, nor kiss the royal robes of any crowned head; they render homage only to their God and should pay tribute only to their Government. Such at least is the spirit of our institutions, the character of our written national compact."
Charles Triplett O’Ferrall of Virginia - In Congress, May 1, 1888
|Conservative Behind |
On either side of the argument, you have to admit he was in over his head. Had my brother been on the scene and was armed, he would've gone in to try to neutralize the killer. It's just the kind of person he was - which I believe was why he was suited to be a LEO.
This cop was not right for the job.
I found what you said riveting.
|hello darkness |
my old friend
People are murdered every day. Do i really have to worry about getting charged with a crime everytime someone is killed and I didn't or couldn't stop it? The victims will always want to blame somebody else.
A little known fact about the Columbine shooting is the County Sheriff's office applied for a warrant to search the homes of both of the Columbine shooters weeks before the shooting and a judge denied the warrant as they didn't have enough PC. The detectives tried with the warrant but they didn't stop that one either are they all going to jail too? What about the judge? He could have stopped the mayhem with the stroke of his or her pen? he going to jail too?
Peterson is a coward. As a former school cop no one was harder on that chicken shit than I was but he didn't commit a crime with his in action. The shooter committed the crime. Blaming Peterson for the shooters action is like blaming the gun industry for every shooting.
Lets not forget the perjury charge. He won't be able to wiggle out of that very easily so he will likely do time. I have no idea what the sentencing guidelines are but I'm sure he'll get the maximum in the current climate there.
"If you can't be a good example, then you'll have to be a horrible warning" -Catherine Aird
|hello darkness |
my old friend
Exactly. Peterson had been working there for the better part of two decades. He worked at a school where arresting suspects took a backseat to making excuses for bad behavior. He was retired on duty and the Sheriff is responsible for not making sure he had the right people in the right places.
I want you guys to look at the first post of this thread, and then I want you to look at what's being discussed now.
You guys need to get this out of your system and wrap it up, because I'm locking this thread tonight. There's simply no point in leaving this thing open any longer. Quite frankly, I'm tired of seeing this thread pop back up to the top.
I'm just not interested in having my thread used for the purposes of bickering over this cowardly asshole.
Get your comments in because I'm locking this thread tonight.
Same could be said for the cop rolling around in a patrol car given SCOTUS has essentially weighed in that they have no 'legal' responsibility to act to protect us.
Look, this is an incredibly emotional issue, and I personally would like to see Peterson's head on a stake, but I just don't think this "caregiver" argument is going to fly in the long run.
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
From Chapter 827 on Neglect of a Child/Bodily Harm:
b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree
Florida law refers to the "person" also as a "caregiver" in that statute. In a 2005 3rd DCA case in Florida, caregiver definition was attached to a school teacher that did nothing to stop another person from harming a student. (State v Christie, 939 So2d 1078) Not a big jump to consider Peterson, an armed deputy who's specific duty is to "serve and protect", a "caregiver" to the children at that school.
His attorney will have a hard time arguing he was there, at the school, just to get fat and earn a pension.
It is a crime to NOT pay your taxes. So, yes, when you have a legal obligation to act and don't act, it is a crime.
|Tinker Sailor Soldier Pie|
This is a ridiculous comparison.
Look, the guy is a coward of the first order, and if I were a parent of a kid in that school whether she was harmed or not I'd want to strangle this yellow lowlife, but there is no "legal obligation" to sacrafice your life for anyone else's, even if that person is a child. And the fact that this guy was a LEO is probably irrelevant.
This coward should be ridiculed for the rest of his days, but I don't see these charges ultimately turning into a conviction. It will be interesting to watch though.
Acta Non Verba Trump Stands Alone...but he fights
NRA Life Member (Patron)
God, Family, Guns, Country
"My guns are always loaded."
What whiskey will not cure, there is no cure.
|Leave the gun. |
Take the cannoli.
Is this what Arc calls necroposting?
|Go ahead punk, make my day|
I don't see where anyone is asking him to do that.
People say "Oh it was AR15 vs Glock", but Peterson didn't know that. He had no idea what kind of gun was being used. But he knew it was the crazy kid they all knew about.
Nobody is asking this guy to go into certain death, but it's his job to risk his life to help others. Cops do that everyday and plenty of the Coral Springs PD did it as soon as they arrived.
I doubt he will be convicted, but maybe he'll take a plea deal. Regardless, I hope it bleeds him dry financially, mentally, and emotionally.
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