Police kill mentally ill man......

MAN KILLED BY POLICE WHILE HOLDING SHINY CELL PHONE
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*** REFLECTION: I have found it impossible to second guess police use of force from a media article. The real question is who polices the police on a use of deadly force question. Here we have two local officials that have the closet relationship to the police, the sheriff and prosecutor standing behind the officers. The State police were involved...lets hear from them. The community has a right to a neutral evaluation, but from whom?[trb]
****

Two police officers have been cleared in the shooting death of mentally ill man who claimed to have a gun but was actually holding a cellphone.[f]

STATE AND COUNTY OFFICERS KILL MENTALLY ILL MAN State police and Genesee County Sheriff's deputies were checking out a trouble call about 5 p.m. Nov. 23 and found Kevin Simmonds, 31, of Otisville in a car in a wooded area near Dodge and Cemetery roads.[f]

SHINY OBJECT Holding a "shiny object" in his hand, Simmonds shouted "I have a gun, I have a gun" at police, said Genesee County Prosecutor David S. Leyton.[f]

THE OFFICERS ONLY NEEDED TO BELIEVE HE HAD A GUN "The law does not demand that your perceived antagonist have a real weapon in order for you to employ lethal force in self defense. It only demands that his actions create in your mind a reasonable and prudent belief that he has a weapon. If he is close enough to employ such a weapon, and if his actions are consistent with an armed person trying to kill you (Diallo turned suddenly and thrust the hand with the black object toward the officers), then the requirements have been met for you to justifiably use deadly force in order to defend your own life."[s] Unable to tell exactly what he was holding in the fading daylight, police ordered Simmonds to drop it but he refused.[f]

AFTER THWART SHOTS FIRED Police tried to stun him in the car with a Taser, but were thwarted by Simmonds' winter jacket, Leyton said.[f]

THE FURTIVE MOVEMENT DEFENSE When Simmonds made a "furtive" movement, Leyton said a state trooper and sheriff's paramedic opened fire striking Simmonds multiple times.[f] "A furtive movement in such cases is a movement reasonably consistent with going for a weapon and not reasonably consistent with anything else under the circumstances.[s]

DID THE OFFICERS REALLY KNOW THIS BEFORE THEY FIRED Given the situation and the fact that Simmonds had a history of mental illness and threats, Leyton said the officers had reason to believe Simmonds was armed.[f] A couple of notes on the furtive movement: 1. It cannot possibly be construed as an innocent gesture; 2. Nervousness alone does not constitute furtive movement. "Furtive" means secretive or concealing. "Suspicious" is not the same as "furtive". 3. The way you need to think about it and articulate it is that the attacker is trying to conceal or hide a movement toward a weapon or to otherwise set up an attack. This can include the famous "pretend-to-walk-away-and-throw-the-big-haymaker-punch".[s] Unfortunately, there is a large grey zone here. The movement toward drawing a gun from a back pocket or the back of a waistband is exactly the same movement someone would make toward their wallet. The movement toward drawing a knife from a front pocket is exactly the same movement one would make in pulling out their keys.[s]

SO WHAT Investigators later found a long gun laying in the snow several yards from him.[f] The police accounts of the shooting were backed up by a patrol car video that recorded the incident.[f]

CHOICES...TRY TRAINING PROFESSIONALISM EXPERIENCE...THEY WERE PLENTY OF CHOICES, THERE DECISION WAS TO PICK THE OPTION OF SHOOTING Genesee County Sheriff Robert J. Pickell said his deputy had no other choice but to shoot.[f]

DEAD CITIZEN UPSET OFFICER "It's regrettable that somebody had to die," said Pickell. "He did what he thought he had to do and I stood behind him."[f] State police officials at the Flint post could not be reached for comment Thursday afternoon.[f]

FAMILY OF DEAD CITIZEN MOURNS Simmonds' father, Daniel, said he was unaware Thursday afternoon that the officers had been cleared and declined comment on the decision.[f] In the immediate wake of the shooting, family members had said Kevin Simmonds suffered from bi-polar disorder and severe manic depression.[f] The LakeVille High School graduate had worked as an electrician with contractors in the Flint and Waterford Township areas.[f]

WHO SHOULD CLEAR A POLICE KILLING?

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Posted here by Terry Bankert ... 6/19/08

(If you like this article please forward to your friends, if not just keep it to yourself.)

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--where did this stuff come from

[f] The Flint Journal http://www.mlive.com/flintjournal/index.ssf/2008/06/police_cleared_in_shooting_dea.html [S] Self Defense http://defenduniversity.blogspot.com/2006/10/twarting-furtive-movement.html

[trb] Comments of Terry Bankert to include CAP headline http://attorneybankert.com/

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