MAN KILLED BY POLICE WHILE HOLDING SHINY CELL PHONE
_____________________
GOOD MORNING FLINT!
BY Terry Bankert 6/20/08 You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 ___________________________
Full article at http://goodmorningflint.blogspot.com/
Flint Talk http://flinttalk.com/viewtopic.php?p=30690#30690 __________________________
BLOGGING FOR MICHIGAN http://bloggingformichigan.com/
Great information from caring people in Michigan USA
__________________________
*** 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.)
Family Mediation and Divorce Practice. http://attorneybankert.com/
Join my political party of preference, http://www.michigandems.com/join.html
Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate. You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362
Link here for a broadcast LIVE AND LIBERAL! http://www.stickam.com/editMediaComment.do?method=load&mId=179547010
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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/
63008
Thursday, June 19, 2008
Police kill mentally ill man......
SELF HARM,FLINT, PARADES AND SHORTY.....
SHORTY, SELF HARM AND WALKING IN THE PARK!
_____________________
GOOD MORNING FLINT!
BY Terry Bankert 6/19/08
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 ___________________________
Full article at http://goodmorningflint.blogspot.com/
Flint Talk http://flinttalk.com/viewtopic.php?p=30591#30591 __________________________
BLOGGING FOR MICHIGAN http://bloggingformichigan.com/
Great information from caring people in Michigan USA
__________________________
**** REFLECTIONS: I went to the fund-raise for 9th District County Commissioner Patrick“Shorty” Gleason. He is a good hard working hard hitting Democrat I predict will win. We need more winners in Genesee County we have a shortage from the City, County and our State Representation. Most of the usual suspects were present at the launch of a connected warriors campaign. Shorty will win and we need his toughness. Ethics, character and service to others not selfish enrichment , ego or money are the characteristics we need. Shorty has these characteristics. Many in the room shared those characteristics, some did not! *****
=====ANNOUNCEMENT JUNE 19th 12 noon to 12 Midnight Riverbank Park 2:00 - 5:00 PM Parade Marshaling Max Brandon Park Dateline: Flint, MI Release Date: JUNE 18, 2008 Flint’s Juneteenth Celebration celebrates African Americans' Day of Independence with Technology and a multicultural flair. "Urban Family Dodge-ball," Speakers , a parade and entertainment galore, promises to make this year's celebration great!. Paul Herring the groups spokes person. "It is going to be great, our goal is two fold" Herring said "We want to teach Ujamma (Cooperative Economics) and to share some rather powerful, but obscure information while encouraging residents to "Join The Village." and work together. "We embraced the "Village Concept" says Herring! When ask if the event is just for African Americans! "We believe that the human race makes up The Village, not just African Americans. Although the days meaning should cut deeper in the African American community, we have to acknowledge the multi-cultural nature of all things American." Kathryn Blake (Co. Chair) Said "We have had a great response this year, people are approaching me for the information on how to get involved, in mass... this year is going to be great! The committee encourages you to share the excitement of this event held in Downtown Flint, Michigan June 19th in Flints Riverbank Park and don't forget the big Parade June 19th 5:30 p.m. from Pasadena along Martin Luther King Blvd. to Riverbank Park as well as our Urban Dodge-ball 5-6 on Kearsley Street between Saginaw Street and Buckham Alley. "JOIN THE VILLAGE" Dodge-ball For More Information Contact Paul Herring 810-210-1281 kathryn Blake 810-701-4569 History “Juneteenth” acknowledges the abolishment of slavery and recognizes the Emancipation Proclamation. Historically, Texas was the first state to celebrate “Juneteenth” or "Freedom Day." An increasing number of American citizens and governments recognized Juneteenth as a state holiday recently including Michigan. Resources: http://www.juneteenth.com/
=====CANDIATE FUNDRAISER Wednesday, June 18, 9th District County Commissioner Candidate Patrick (Shorty) Gleason begain his campaign with a well attended fundraiser, at the Davison Eagles Club, 3270 N. State Rd. Davison, MI 48423. . Hosted by the GLS Building Trades.
WE NEED TOUGH EXPERIENCE ON THE GENESEE COUNTY BOARD OF COMMISSIONERS Richfield Township resident Patrick "Shorty" Gleason last week announced his candidacy for the 9th District seat on the Genesee County Commission at the Richfield Township Hall. He was joined by his family, friends and supporters.[d]
WE ALL SHARE THESE TOUGH ECONOMIC TIMES AND MUST WORK TOGETHER "This is an exciting opportunity for me, and I look forward to continuing my service to the people of Genesee County," said Gleason. "I want to make myself accessible and respond to the residents I would represent, and work with other local units of government to make sure their concerns are properly accommodated."[d] Gleason has lived in Richfield Township all his life, and has served in various township and Genesee County offices for more than 20 years. He has served on the Richfield Township Planning Commission, as a Richfield Township trustee, chairman of the Davison Area Fire Authority, and on the Genesee County Township Association. [d] He is currently president of the Michigan Building Trades Council, a member of the Mackinac Bridge Authority and serves on the executive board of the Michigan State AFL-CIO. For 15 years, he has held office in the Iron Workers Local 25 as business agent, business manager and president.[d]
THE COUNTY PARK SYSTEM WILL BECOME MORE IMPORTANT TO US AS THE COST OF FUEL GOES UP Gleason plans to focus on the issues of care for senior citizens, road management and the parks system, with nearly 75 person of the county parks system residing in the 9th District.[d]
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Flint continues to mutilate itself or commit self harm (SH)
TRUTH , JUSTICE AND THE FLINT WAY OF LIFE The city is fighting itself in court this week.[F] The City of Flint Contiunes to practice (SH)[trb] See[w] George Hamo, an attorney who works on behalf of Mayor Don WIlliamson, said the mayor sued the City Council on Monday.[F]
THE COUNCIL IS WAY OUT OF BOUNDS Hamo said the Council overstepped its bounds when it approved a $66-million budget with numerous changes to Williamson's proposed budget.[F]
THE MAYOR DID NOT GET WHAT HE DEMANDED Councilman Scott Kincaid said the budget is legal, and it's merely a case of sour grapes on the mayor's part.[f2]
COUNCIL- YOU CANNOT DISMANTEL CITY GOVERNMENT, JUST TO PROVE A POLITICAL POINT The Council did not have the authority to eliminate the labor relations department, Hamo said, one of several instances where the council tried to grab too much power.[F] "They were trying to take over control of the executive branch," Hamo said. "They were doing it for one reason and one reason only. Simply to try to make the mayor look bad."[F] Others can argue this is just the Flint Governmental tendency to inflict harm upon itself.[trb] These acts may be aimed at relieving otherwise unbearable emotions, sensations of unreality and numbness. The illness is listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR) as a symptom of borderline personality disorder and depressive disorders. [w]
WE HAVE BEEN DOWN THIS PATH BEFORE "Here we go. Back in court again," said Councilwoman Sandy Hill, who is hoping to broker a compromise between the Council and Williamson. "We don't need this. What good is it going to do us? I'm afraid it's all going to be tied up in court and nothing is going to be done." [F] Hamo said some departments, such as labor relations, were cut so deeply they can't function.[F] "The Council is trying to obliterate administrative offices purposely. This is not good managing of the city," Hamo said.[F] The City Council cut the city administration and other departments in order to restore some police and fire positions cut in Williamson's proposed budget. [F] Even though some positions were saved, 46 police officers were given pink slips last week.[F] Hamo said in addition to filing the lawsuit, the city administration will be attempting to persuade a judge to file an injunction that would prevent the budget from taking effect while the case is pending. [F] The budget would take effect July 1. [F] Councilman Scott Kincaid said the budget is legal, and it's merely a case of sour grapes on the mayor's part.[F] The City of Flint cannot do something as elemental as debating, negotiating, compromising and passing a budget then runs to court again. This embarrasses us around the state. It seems like a death wish or intentional self harm.[trb] Self harmers are often mistaken as suicidal, but in the majority of cases this is inaccurate.Non-fatal self-harm is common in young people worldwide and due to this prevailance the term self-harm is increasingly used to denote any non-fatal acts of deliberate self-harm, irrespective of the intention. [w] "We prioritized our resources. Police, fire, 911 and the jail were our priorities," Kincaid said. "The mayor prioritized revenue for his offices."[F]
—end--
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.)
Family Mediation and Divorce Practice. http://attorneybankert.com/
Join my political party of preference, http://www.michigandems.com/join.html
Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate. You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362
Link here for a broadcast LIVE AND LIBERAL! http://www.stickam.com/editMediaComment.do?method=load&mId=179547010
JOIN THE OBAMA MOVEMENT http://www.barackobama.com/splash/donate/donate.html
—where did this stuff come from
[d] The Davison Index http://www.thedavisonindex.com/moxie/news/gleason-plans-run-for-cou.shtml
[F] Flint Journal http://www.mlive.com/flintjournal/index.ssf/2008/06/flint_mayor_don_williamson_and.html [trb] Comments of Terry Bankert or from his email to include CAP headlineshttp://attorneybankert.com/
[f2] Flint Journal http://www.mlive.com/flintjournal/index.ssf/2008/06/attorney_for_flint_mayor_don_w.html
[w] Self Harm (SH) Definition http://en.wikipedia.org/wiki/Self-injury
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