What would u do in this situation

[stlgunfan]

I read another message board and someone was telling me how a off duty cop pulled a gun on him. However this cop did not have his badge on him and had no way proving he was a cop.

What would u do if you had someone in plain clothes draw on you, and they didnt have a badge.

This cop is lucky he was not a permit holder. or he might have been the one being shot, and it most likely would stand in court too because the cop did not have his ID on him.

I know if some intoxicated person drew on me like that, Id be doing my best to ending the threat.

In March of 2004 I got into it with 3 cars that were together. They were obviously intoxicated. I turned around to try to avoid the situation. I ended up pulling into a Blockbuster (right by Ted Drews) parking lot to call the police where one of the guys followed me. As I got out he came at me and said he was going to kick my a$$.

He grabbed me and tried to punch me. I pulled out a collapsible baton and struck him to get him off of me. He backed up and pulled out a gun and put it up to my head and told me he was going to blow me f'ing brains out.

I yelled for someone to call the police and he said he was a cop. I ask for a badge, but he said he didn't have it. After standing there for a while, he turned around for a second at which time I jumped in my car and sped home.

I thought about calling the police, but I didn't have a license plate number or any other information to get anything done. About 3 hours later, 11 STL City police officers showed up and surrounded my house banging on both doors and some windows. The arrested me for reckless driving, peace disturbance, 3rd degree assault on a police officer, and unlawful use of a deadly weapon (felony).

I was booked and spent about 20 hours in jail down in the city and missed a day of school. My parents bailed me out for $6K. A couple days later when I went to see a lawyer, I was informed that I had a new warrant for 2nd degree assault on an officer (another Felony) and that I needed to turn myself in. Well I did (on my Spring Break) and went through the system again. This bail was $10K.

My lawyer made the decision to put me in front of the Grand Jury to testify. If your not familiar with this, you're put in a room about the size of a class room with 13 jurors surrounding you and the prosecutor asks you questions and tries to make you look guilty. There are no lawyers. This was one of the scariest times in my life. I actually lost my voice. Thankfully the jurors saw the truth and believed me over the officer who had testified and the felony charges were dropped. The prosecutor said if I signed a waiver saying I wouldn't sue the PD over the incident, they would drop the misdemeanor charges. I did so because there was no proof of either the officer's or my story.

 

[Autolycus]

I would have taken the misdemeanor charges and sued the PD. It would be worth it in my eyes.

 

[Standing Wolf]

What would u do in this situation

Learn to spell and punctuate like an adult.

 

[Handgun Midas]

Firstly, if you think you are being followed by another car, that's a 911 call right there.

The worst mistake this guy made was going to a random parking lot when he suspected he was still in danger,
and then getting out of the car. If you have to drive someplace, drive to the police station.
If you don't know where the PD is, then go where ever you feel will have the most witnesses.
Personally, I would have never stopped if I thought the other car was around.


Now, to quarterback this after he exited his vehicle,
Lack of any evidence seems to have really limited this guy's options,
so I wonder if running into the Blockbuster and telling everyone in there what is going on would be a smart move.

Also, in any altercation in which the police and justice system can be put to work against you,
you are going to want your call to 911 or dispatch to be the very first.
The guy should have called the police himself from the relative saftey of the Blockbuster store
to try and get some squad cars pulling in that assume he's the good guy, not the drunk cop.

 

[1911 guy]

A lot of things went wrong.

1) don't get into arguments with drunks. Ignore them or placate them if possible. Nothing else will turn out good and those two options are iffy at times. That's why I don't go to bars. I'm too old to go knuckle busting anymore. An honest to goodness fight leaves me sore for a week.

2) As soon as the drunks followed, get thee to a cop shop. Firehouse is almost as good. If nothing else, there will be witnesses when whatever happens happens. Good idea about calling the cops, but get some distance between you and the threat before you stop. Tactics and common sense still apply, even if you are unarmed.

3) If the guy IS a cop, he should be fired for carrying when drunk. He should be prosecuted for brandishing, assault and battery and anything else a righteous DA can pull out of his hat. Same goes for anyone who carries when inebriated to the point of pulling a gun as the scenario states. There is a fifth rule. Point a gun at me on purpose and you'd better fire, because I'm gonna.

4) Find a lawyer who will claim coersion and sue the PD and the supposed cop anyway. If they backed down on felony charges, they had nothing on the misdemeanors, either. Everything hung on his word against yours, the grand jury didn't buy it. Own his house and hang his badge above your new fireplace.

5) Finally, if I found myself in the situation desribed with 1) drunk guy with a gun to my head 2) claiming to be a cop but 3) not having a badge, there would be a dead drunk on the street. He may or may not have been a cop, but he's sure not going to sober up in a cooler. If you take the fact that he claimed to be a police officer out of the equation, it's a no-brainer shoot situation. Clear, emminent threat to your life.

 

[feedthehogs]

The prosecutor said if I signed a waiver saying I wouldn't sue the PD over the incident, they would drop the misdemeanor charges. I did so because there was no proof of either the officer's or my story.

Blackmail by the system. It gives the police the sense that the majority of the public not having the money to properly defend itself, will fold when threatened with charges to continue to abuse their authority with no chance of reprocussion.

The only way to fix this is a legal system that will provide fair and equal justice to all reguardless of wealth and to stop taking the word of the police without question.

I would have taken the misdemeanor charges and sued the PD. It would be worth it in my eyes.

Only way this could be done is if you are a lawyer or you have access to plenty of money.

 

[shermacman]

First, don't "get into it" with other drivers. There are far too many idiots out there for you to teach them all.

Second, I think a Blockbuster or super market or any busy place is as good as going into a police station. You want lights/cameras/action and plenty of witnesses.

Third, I am not a lawyer and I don't play one on TV, but this guy signed that waiver under duress. He should find a lawyer who will take this on a contingency basis.

Last, this is gun forum, not an IM chat room. The word "you" should be spelled out.

 

[stlgunfan]

Agree on that. Id take the minor charges, then move to get the exspunged while suing the PD. In the city the police get sued alot and people win good money. No woner why the DA did that because they knew the officer screwed up and didnt want to shell the money out.

4) Find a lawyer who will claim coersion and sue the PD and the supposed cop anyway. If they backed down on felony charges, they had nothing on the misdemeanors, either. Everything hung on his word against yours, the grand jury didn't buy it. Own his house and hang his badge above your new fireplace.