CCW holder shoots suspect, saving cop

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This probably won't make the mainstream media. Good this good guy with a gun was there and able to save this officers life.



http://www.leoaffairs.com/featured/breaking-civilian-shoots-kills-man-attacking-deputy-florida/



BREAKING: Civilian shoots, kills man attacking deputy in Florida

Featured, News November 14, 2016

The Monday morning commute in Estero, Florida came to a standstill today after a suspect led police on a wild and deadly chase along southbound I -75.

Another woman wrote: “I watched the suspect jump out of his car and run toward the officer and tackled him.”

The Lee County Sheriff’s Office told local news media that the deputy who was involved, 12-year veteran Deputy First Class Dean Bardes, is expected to be okay. The suspect who was fighting with the deputy was killed during the struggle and WINK is reporting that a passerby is the one who shot him.
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Hope this makes the mainstream media. Good publicity for concealed carry. A good guy with a gun in the right place....if the story holds out.
 
If the account of what happened is correct... the citizen deserves an attaboy.... Hope the "afterburn" (all the bad stuff that will happen to anyone that takes a life) will be manageable and short-lived.
 
Made Foxnews.....not CNN or MSNBC or ABC.....go figure.


Apparently the guy was top of the officer and beating him up and the CCW'r ran up and said to stop numerous times and when he didn't the CCW'r fired killing the suspect. Good job if true!
 
Not sure for Florida, but I believe following the officer's commands expands the legal shield LEOs enjoy to cover the CCW holder.

Glad the officer was spared further injuries.
 
It's trending on Facebook, and there's a post on Lee County Sheriff's Office by Sheriff Mike Scott (https://www.facebook.com/sheriffleefl/). There's a pic of the initial assault in progress - the dude on top of the cop was huge.

Earlier this week, two heroes met on I-75 and while they had never met before, one would save the others life. I was at the hospital when the ambulance arrived, the rear doors opened, and my Deputy Dean Bardes was unloaded on a stretcher. Bloody from a vicious attack by a driver Bardes had stopped for endangering the lives of other innocent citizens in our community, the Medics wheeled him into a treatment room. Joined by others from our team, I was there when his wife and family arrived with fear and concern for their loved one as the E.R. team worked on him. Ironically, this was the first day in a while that Deputy Bardes was alone on patrol because as a Field Training Officer, he typically has a recruit riding with him to learn the business. A business that has seen an increasingly alarming rise in attacks and killings perpetrated on cops. A business that has fallen victim to false narratives like Ferguson where the good guys have been painted as the bad guys by a vocal minority that refuses to allow facts and evidence to get in their way. A business that is the last line of defense between good and evil.

On behalf of the men and women of the LCSO, I thank Deputy Dean Bardes for his bravery and pray for a full recovery. I thank the E.R. staff and E.M.S. for their immediate attention to Dean, and I thank the many witnesses to this event who stopped to assist our Detectives. I thank my good friends at “Shoot Straight” who realized that the hero’s gun was taken as evidence and immediately gave him a brand new firearm. Above all, I thank the hero that recognized the imminent threat, rushed to Deputy Bardes’ aid, and ultimately stopped that threat. In a day and age where race is a near instant focus for media and other pundits in police incidents, the fact is that this hero happens to be a man of color who stopped another man of color from further harming or killing a white cop; thereby reminding us that black lives matter, blue lives matter, and indeed all life matters. We at your Sheriff’s Office remain proud to serve and focused on the mission.
​

Shoutout to the "Shoot Straight" chain for gifting the CCW holder a new gun, as his has been taken as evidence.

https://www.google.com/webhp?tbm=nws#tbm=nws&q=i-75+shooting gets you a list of all of the news stories covering this.
 
This reminds of me a story a retired LEO told me many years ago. He was making an arrest on a street in San Francisco and was having trouble with the suspect. While they were grappling he called out to an unrelated bystander to assist him in some way (I do not recall the details). The bystander refused. So, once the cuffs were finally on the suspect, he then arrested the bystander for refusing to assist an officer who so ordered. Apparently, that is a crime in California. He loaded them both in the wagon when it showed up. Cannot say if the charge went to court.

Something to keep in mind....
 
BREAKING: Civilian shoots another civilian who was attacking a third civilian who is a sherrif's deputy.
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Fixed.

Blacksmoke said:
Apparently, [it] is a crime in California [to refuse to assist an officer when so ordered].
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I'm extremely skeptical that this is true. Please provide a citation.

Good job to the shooter, assuming it went down as reported.
 
It's the law in NY, "refusing to obey the lawful commands of a police/peace officer".

From Wiki:

Refusing to assist a police officer
From Wikipedia, the free encyclopedia
Refusing to assist a police officer, peace officer or other law enforcement officer is an offense in various jurisdictions around the world. Some jurisdictions use the terminology 'refusing to aid a police officer' or 'failure to aid a police officer'.

This principle originates from Norman England, where local Sheriffs in England would be the only peace officer in an area. He would summon assistance from locals in order to enforce the King's laws or to apprehend an offender.[1] It subsequently became part of the common law that all persons must assist a constable or peace officer when so requested. This still remains as one of the few common law offenses which exist in England/Wales and some other states/countries.
 
Speedo66 said:
It's the law in NY, "refusing to obey the lawful commands of a police/peace officer".

From Wiki:

Refusing to assist a police officer
From Wikipedia, the free encyclopedia
Refusing to assist a police officer, peace officer or other law enforcement officer is an offense in various jurisdictions around the world. Some jurisdictions use the terminology 'refusing to aid a police officer' or 'failure to aid a police officer'.

This principle originates from Norman England, where local Sheriffs in England would be the only peace officer in an area. He would summon assistance from locals in order to enforce the King's laws or to apprehend an offender.[1] It subsequently became part of the common law that all persons must assist a constable or peace officer when so requested. This still remains as one of the few common law offenses which exist in England/Wales and some other states/countries.
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You're referring to the posse comitatus power? The California Penal Code Section refers specifically to refusing to join the posse comitatus. Posse comitatus originated in a time and place when free men could go armed, and to my knowledge posses in the US were (are?) generally voluntary and not spur-of-the-moment (as in, I need your help this second). In San Francisco, I might personally risk arrest rather than engage a perpetrator that is, or might be, armed or otherwise particularly dangerous at the request of a peace officer that had theretofore enforced my complete disarmament. I'm sure that isn't a popular opinion around here, but I figure it's a two-way street: I'll remember my obligation to join a posse when you remember your oath to uphold the Constitution.

I was a resident of a rare CCW-issuing county in California, and I have occasionally carried in SF. If I were carrying, and an SFPD officer requested my help, and I drew my pistol to assist, I would estimate my chances of being shot by police at 4 out of 5, about the same as if had to draw in self defense.

FWIW, I like to think I would respond to the situation in Florida the same way as the guy in the article, under the same circumstances.
 
I'm glad someone attempted to help the LEO and I hope everything works out for the civilian.

As to what I would do in the same circumstance, I'm not sure. Whole lot of variables there.

I'd like to think I'd help the officer but I'm not sure drawing my gun would be first on the list of things to do.

None of us were there so we don't know the exact situation and what was happening.


Overall good end result to the story.
 
Speedo66 said:
It's the law in NY, "refusing to obey the lawful commands of a police/peace officer".
Click to expand...

"Caveat wiki..." The law in NY (Penal Law 195.10) is Refusing to Aid a Peace or a Police Officer. This offense is when, upon command by a peace or a police officer, an individual unreasonably fails or refuses to aid the police officer in such things as effecting an arrest, or preventing the other person committing an offense. Again the command must not only be lawful, it must also not be unreasonable. Ordering someone to put their life in imminent peril, for example, could be argued to be an unreasonable command.

Other states have similar laws. Arizona, for example also uses roughly similar language on refusal of a reasonable command by a police officer. Florida, on the other hand (and the state in which this incident with the CCW holder saving the police officer), categorizes refusal to assist as "obstruction of justice" (if I recall correctly), and does not include the term "reasonable". Not that this applies to that incident.
 
Well in this instance the involvement of the passer-by was to my understanding voluntary - they saw the deputy being attacked, and stopped to render assistance to the deputy.

I worked in San Francisco in the dot-com era as an ex-pat - literally on the drive from the airport after being picked up off the plane I was given "the talk" about "don't mess around" with the SF police, "they will shoot you". The talk may have been influenced by the world outlook of my manager at the time who was rumoured to have done a tour as the political officer on a Soviet sub before Ukraine broke away from the USSR.
 
Don't know a thing about the jurisdiction where this occurred or the injured officer's chief....but from the quote given I'd have been proud to work for him. Contrast that with a few incidents in the past year or two where the head enforcement officer seems to be far more concerned with political correctness and his/her relationship with the "city fathers"...

I retired out of police work 21 years ago now and watch with concern at some of the things published about attacks on officers. This incident had a good resolution and that officer appears to have an outstanding chief....
 
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