Retired Buffalo PD officer shoots car thief. And he was NOT arrested! Double standard...?

[VietnamEraVet]

So,... a retired Buffalo PD officer who lives in prime Buffalo waterfront public housing (isn't that SUPPOSED to be for poor folks on the public dole, - NOT those with well off pensions...?) apparently stopped some "yutes" in the middle of a car theft by shooting one of them in the leg.

Since when is THAT legal in New Yorkistan??? Would I be wrong to speculate that once again the fucked up two tiered justice system in New Yorkistan is the case here? Don't get me wrong, I'm all for wiping these fuckers out, - that WILL make this shit stop. It's just that you and know that those of us not in the club would have been fucked over, cuffed and arrested, and dragged over to the Erie County Holding Center post haste.

Juvenile shot near Marine Drive Apartments, retired BPD officer being questioned

The juvenile who was shot was transported by ambulance to Oishei Children’s Hospital

www.wivb.com

 

[turbobike]

"Nothing-to-see-here-move-along" It's always been a two tiered system, hell my ole man was a county sheriff and drank like a fish. Many times I remember the late night knocks on the door and a local sheriff, town cop or NYSP would drop him off hammered...no repercussions, no court dates...rinse and repeat.

 

[GOPerfect]

I am glad that he was not charged. I think more need to understand Article 35 up there in NY...

 

[Depick]

Sounds like the upstanding young man got what he deserved.

 

[Xae289]

I am glad that he was not charged. I think more need to understand Article 35 up there in NY...

Unfortunately for us non-LEOs, car theft generally is not something we'd be able to defend shooting someone over unless we're getting jacked at gunpoint.

I'm glad he took action and is not being prosecuted. I also see where VietnamEraVet is coming from in that I agree that were he not a retired LEO, he'd probably have to defend his actions in court.

 

[Saltwater60]

I am glad that he was not charged. I think more need to understand Article 35 up there in NY...

Article 35 says nothing about being able to shoot anyone outside the home for a property crime. Now if someone was in the car and it was a car jacking sure you’re justified but property crimes are covered uUnder article 35 with deadly physical force. If I’m wrong please enlighten because I’m sure the drug addict across the street will come steal my stuff after his mom dies and her moneys gone.

 

[spat]

I am glad that he was not charged. I think more need to understand Article 35 up there in NY...

The problem is that the gap between what the law says and how it is enforced is wider than the grand canyon in some jurisdictions.

It shouldn't matter who you are, what your job is, or what color your skin is.

But, it appears that in the real world all 3 of those things are more important than whether or not your actions actually violated the law.

 

[GOPerfect]

The problem is that the gap between what the law says and how it is enforced is wider than the grand canyon in some jurisdictions.

It shouldn't matter who you are, what your job is, or what color your skin is.

But, it appears that in the real world all 3 of those things are more important than whether or not your actions actually violated the law.

I am curious if anyone knows of a similar case like this one, where the shooter was charged?

Or, just jumping to conclusions based upon his prior employment...

 

[GOPerfect]

Article 35 says nothing about being able to shoot anyone outside the home for a property crime. Now if someone was in the car and it was a car jacking sure you’re justified but property crimes are covered uUnder article 35 with deadly physical force. If I’m wrong please enlighten because I’m sure the drug addict across the street will come steal my stuff after his mom dies and her moneys gone.

We have no facts of the case. Well, a few small details . I am sure that this retired officer knows and fully understands all aspects of Article 35. I would be willing to bet, he knew he was justified prior to shooting.

 

[GOPerfect]

Article 35 says nothing about being able to shoot anyone outside the home for a property crime. Now if someone was in the car and it was a car jacking sure you’re justified but property crimes are covered uUnder article 35 with deadly physical force. If I’m wrong please enlighten because I’m sure the drug addict across the street will come steal my stuff after his mom dies and her moneys gone.

35.25

 

[Acer-m14]

"A person may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of larceny or of criminal mischief with respect to property other than premises."

he shot him in the LEG

not deadly .. unless he hit the main artery

 

[spat]

I am curious if anyone knows of a similar case like this one, where the shooter was charged?

Or, just jumping to conclusions based upon his prior employment...

Not sure about an example of this, but I'm sure we can all cite examples of people who get a pass because of the color of their skin, or their politics.

And certainly people in albany who get a pass because of their job.

It's not just about cops.

 

[Justincase]

"A person may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of larceny or of criminal mischief with respect to property other than premises."

he shot him in the LEG

not deadly .. unless he hit the main artery

Shooting anyone anywhere regardless of what happens to them is considered deadly physical force

 

[Acer-m14]

Shooting anyone anywhere regardless of what happens to them is considered deadly physical force

i just posted the law .. 35:25

so if you used a baseball bat to beat up a car robber is ok then

just not with a gun

 

[spat]

Shooting anyone anywhere regardless of what happens to them is considered deadly physical force

Even if you don't hit them, just shooting at them is employing deadly force.

Deadly force doesn't mean it will kill someone, just that it's reasonably possible to kill someone using it.

And it isn't limited to guns. A guy with a club might just want to break your kneecap, but the minute he raises the club he's threatening you with with DPF and you can stop the threat using the most expedient means available.

 

[spat]

i just posted the law .. 35:25

so if you used a baseball bat to beat up a car robber is ok then

just not with a gun

Baseball bat is deadly force too.

 

[Justincase]

i just posted the law .. 35:25

so if you used a baseball bat to beat up a car robber is ok then

just not with a gun

It reads “other than” deadly physical force. If you shot someone who was beating you with a bat and they died would you not argue that them beating you with a bat was deadly physical force so you responded in kind? Your argument against those being deadly force doesn’t hold muster.

 

[Acer-m14]

Baseball bat is deadly force too.

unless you swing and miss .. then its just a ball bat


lol

 

[Acer-m14]

t reads “other than” deadly physical force.

are your hands and feet a deadly force ??

 

[Justincase]

are your hands and feet a deadly force ??

In certain circumstances of course. Repeated blows. Hits to vital areas. Ginormous ham fists on a smaller opponent.

 

[Acer-m14]

Sennett man arrested for strangling woman walking her dog, found hiding in golf course

A man has been arrested in the town of Sennett after he allegedly strangled a woman who was walking her dog.According to the Cayuga County Sheriff's Office, dep

13wham.com

and let loose ..

 

[Saltwater60]

35.25

I agree we are lacking some facts but based on what we have now it seems deadly physical force was not justified. I’d say using a gun is deadly physical force. You do have a point that he’s a retired cop and probably knows the law but that’s not always the case. I’m also sure you’re right that he likely won’t be charged.
35.25 says no deadly physical force on property crimes so I don’t know. We will have to wait for more facts and to see what happens.
A person may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of larceny or of criminal mischief with respect to property other than premises.

 

[GOPerfect]

I agree we are lacking some facts but based on what we have now it seems deadly physical force was not justified. I’d say using a gun is deadly physical force. You do have a point that he’s a retired cop and probably knows the law but that’s not always the case. I’m also sure you’re right that he likely won’t be charged.
35.25 says no deadly physical force on property crimes so I don’t know. We will have to wait for more facts and to see what happens.
A person may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of larceny or of criminal mischief with respect to property other than premises.

One of the larger differences between cops on non cops...

Many officers are amazing at articulation. The webs that can be weaved through words is amazing.

I was able to talk myself out of every incident I got into.

 

[dwa12479]

So before everyone gets their panties in a bunch over "He only gets away with it because he's a former cop!", lets review.

1) Incident occurred Thursday morning.
2) It says as of Thursday afternoon no charges filed.
3) Says he's being questioned. Rightfully so after ANY shooting.
4) Asks people with info to call a #.

I would expect the due dilligence of a proper investigation (that probably takes more than just a few hours) before throwing charges at someone.

You wanna be mad at someone for cops having special privileges, be mad at the politicians who passed the damn laws.

Sounds like this yute got what he had coming. More incidents like this without charges might bring about some drop in car thefts.

 

[SonOfSun]

I call it a good start. I'm on board with shooting people who try to steal cars.

 

[Beerman]

Horse thieves got shot or hanged. I see no distinction between horses and cars in this regard.

 

[Saltwater60]

Charged and arraigned on Friday

Retired Buffalo police officer indicted for shooting teen outside Marine Drive Apartments

A group of individuals were “suspected of stealing property from vehicles” prior to the shooting.

www.wivb.com

 

[Acer-m14]

Charged and arraigned on Friday

Retired Buffalo police officer indicted for shooting teen outside Marine Drive Apartments

A group of individuals were “suspected of stealing property from vehicles” prior to the shooting.

www.wivb.com

"Roman was charged with one count of first-degree assault and one count of first-degree reckless endangerment."

no attempted Murder Charges ??

 

[spat]

One of the larger differences between cops on non cops...

Many officers are amazing at articulation. The webs that can be weaved through words is amazing.

I was able to talk myself out of every incident I got into.

It's a sign that your justice system is junk when your guilt or innocence is largely determined by how well you can lawyer.

 

[Saltwater60]

"Roman was charged with one count of first-degree assault and one count of first-degree reckless endangerment."

no attempted Murder Charges ??

NYS almost never does an attempted murder charge. Only way he would get slapped with that is if he literally said I did this in an attempt to murder that individual