Ex-Deputy Charged in Shooting in Wilmington

Does the fact that the victims father is an attorney have anything to do with the DA filing these charges? Would the charges have been filed if the victim's family had no clout?

http://www.wral.com/news/10511332/detail.html

 

What I don't understand is from the way I read, two other officers fired into the house. Why haven't they been fired, as well? Without cause for their actions, they should be if it is indeed true.

I'm surprised of the 2nd degree murder charge, but it'll likely be brought down to manslaughter before its all over. Robbery suspects or not, it was extremely poor judgement on the part of the officers to fire at a closed door. Nobody should wear a badge that demonstrates that level of improper action when executing a warrant.

 

What you mean they didn't have no knock warrants? :shock:

I was starting to think that was the only warrant they issused anymore. I guess they couldn't get enough written down to go to FISC and do a "sneak and peak" warrant under they Patriot Act.

I feel bad for the family but I get kinda pissy when the parents through a spokesman of course talk about how sweet their boy was. Only to have the next picture on tv be him and a his friends with guns. Horrible thing that a boy lost his life over a PS3, and a cop with poor thinking.

 

Even if they had no-knock warrants, I don't believe that gives them permission to fire shots through the door. It does give them permission to break down the door if it's locked, and maybe that's why they shot through the door, but that was damn poor judgment. IMO.

We don't know that all three of the officers who were suspended fired shots. Maybe the investigation found that all the shells came from one weapon.

 

From what I heard the other deputies fired at the dog after the initial shooting of the boy, which was a justified response to an animal attack.

 

I know of the family involved. It is a very unfortunate situation and I feel very bad for them. Maybe it is a good thing that the father is an attorney. Otherwise, it may have been more easily dismissed and could happen to someone else.

I don't think the parents are trying to say that their child was an angel but no one deserves to be shot in the head as this situation played out. Also, not one of the pictures I've seen actually show Peyton Strickland with a gun. He hasn't been in any of the pictures that have surfaced as far as what I've seen so far.

I also have a close family member that is a law enforcement officer.....so I've thought about it from that perspective too. It's a scary job that these men and women have to do everyday.

It's very unfortunate that things didn't play out differently. We all need to say a prayer for all persons involved.

 

A horrible accident that should never had occured.

However...

Not really. There was enough uproar at UNC-W to cause the investigation without the Father being an attourny.

This is true, as I said above. However, he doesn't justseem to be "no angel", this was the second time he was charged for assault.

All well and good, if Mr. Strickland would have been the only one in the house. However the one with all the guns was also there. The cops certainly could not be sure who opened the door.

Once again, this was a horrible accident. The way I see it, the officer who actually shot Mr. Strickland was jumpy. Not a good personality to have in law enforcement. But, while he should be punished for his mistake, this should not be made into any more than it is.

 

I'm not one of these "posters" that picks apart every sentence that someone says. I do agree that it is indeed a very horrible accident...an accident that resulted in a loss of life.

 

Actually, from what I heard on the news this morning, one of the officers used a battering ram and the charged officer thought it was gun shots.

 

I think the scenario probably played out with UNC-W police and New Hanover deputies approaching the house with raised tension. The charge of strong arm robbery is serious business and from what I remember the young man that was killed had been convicted of a minor assault charge a few months ago if I'm recalling correctly. Also, on the news, they said that a ski mask and a shotgun had been seen in the other suspect's car prior to his arrest.
I'm not sure how the house is laid out, but I imagine that the knock came to the door and the guy went to the door with a PS3 wireless game controller in his hand. Maybe it was unintentional or maybe he thought it was a joke and was "playing along." Anyway, held with one hand it could, in a dim-lit environment, look like a weapon. If he passed a window and the object was in his hand, deputies might have overeacted in the heat of the moment.
So many different theories could have led to the shooting. One thing is for sure though. The suspect that was shot, guilty or innocent of the charges, was killed by a deputy's bullet passing through the door and through his head and not in possession of any kind of weapon. Maybe second-degree murder is harsh or maybe not, but his misjudgement makes him accountable and responsible. This guy apparently posed no threat and now will not have his day in court to prove his innocence or face conviction. The NH Sheriff's Department will no doubt face a civil, wrongful death suit and the deputy will likely be charged for the guy's premature death. I don't really think the department should be made out to be bad guys, but they should strongly consider re-evaluation of procedures in such circumstances.

 

Going in with a SWAT team (heavily armed deputies) was really not warranted. Even if they suspected that one of the boys had a weapon (shotgun from the reports...which was in his car trunk) still does not justify firing into the house as they did. Come on....the place is surrounded; two teenagers in the house...or not, they could have at least waited...communicated that they were there and had an arrest warrant, and then if fired upon, return fire. The friggin' battering ram set them off!!! jezzz....seems a bit heavy handed!

Are they still searching for WMDs? Sounds familar...

 

I am so conflicted as to how I feel about this. My heart breaks for all family members involved - on both sides. I have racked my brain trying to see it from both sides and I truly do. I would not make a good jury member for this trial, that is for sure! I will say that I agree...we do not need jumpy police officers (after reading today's N&O). BUT, officers ALWAYS have to be on guard and ready for whatever comes their way.

 

The reason for the concern over weapons was a piture posted on a website showing the suspects holding a shotgun with an extended capacity magazine and an AR-15 or clone rifle. I think there was another person armed in the picture as well.

 

I think the 2nd degree murder charge is too much. That's Ben David's dog and pony show. He must have gotten tired of Mike Nifong getting all the attention. Granted it is horrible that they killed this boy, but the bottom line to me is that the police would not have been there had he not given them a reason to be there. It sounds like it was a horrible mistake on the part of the officer. Is there malice in that? Which is required for a 2nd degree murder conviction. I don't think so. I think that definitely the fact that the boys father is an attorney has everything to do with this charge. It is all for show. I bet you could go look at his record and Mr. David has let many a drunk who killed people while driving get by with less than second degree murder. Until any of us have walked in their shoes (and I have not, but my husband sure has), it's hard to say what we would do in that split second decision a police officer has to make, as to whether you get to go home safely to your family, or have to take someone's life. I don't for one second believe that officer went in there with the intention to "murder" someone. I think he went there with the intention to do his job, made a mistake as to what he heard and truly believed his life and the lives of his fellow officers were in danger. It is sad for all involved.

 

Firing through the door as has been reported would rise to the level of 2nd degree murder according to this explanation of the charge.

http://criminal.findlaw.com/crimes/a-z/murder_second_degree.html

Murder: Second degree

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

 

I understand that but I don't think you can say he had "obvious lack of concern for human life" when he thought his own and the officers around him was in danger. I just think it's a stretch, but I guess we'll see what a jury does.

 

Ooops! They didn't mean to indict him - the foreman checked the wrong box.
http://www.wral.com/news/10519097/detail.html

 

Wow.

 

I'm surprised this story hasn't gotten more national attention. The New Hanover county government is beginning to look incompetent and/or shady. The deputy can add on the excuses he wants, but I still don't think that gives him to react with gunfire through a closed door. What if they had for some reason had the wrong house or the guy's little nephew or similar had been visiting at that time.
You can only put so much spin on something. I 'm not suggesting that 2nd degree murder is appropriate. I even state that above in previous posts, but this deputy simply losing his job is not enough IMO. Even if he only gets probation and community service, there should be some sort of accountability for a life taken outside legal boundaries.

 

I think this is the same deputy that shot a couple of kids a year or two back,said they tried to run over him, I'm sure someone will google
it