Bad Boys, Bad Boys - - -Whatcha Gonna Do - - - Next?

[followsthewolf]

True in every state in the union, IIRC.

[Anne]

I had a brother-in-law who was an alcholic, he would have tested .20 at any time of the day and unless you saw him drink you would never know it and he never smelled of alchol either. No one he worked with ever knew he was drunk and he had multiple "accidents" (usually caused by a deer?) and never once was he even questioned by anyone if he had been drinking. You can't always tell by the way someone looks, acts or smells if they have been drinking. I still say the guy should be prosecuted, but if he was a long time addict they are very good at hiding it.

[Anne]

Was the person who died dead at the scene or was he declared dead later at the hospital? It didn't say in the article I read.

[Palehorse]

I had a brother-in-law who was an alcholic, he would have tested .20 at any time of the day and unless you saw him drink you would never know it and he never smelled of alchol either. No one he worked with ever knew he was drunk and he had multiple "accidents" (usually caused by a deer?) and never once was he even questioned by anyone if he had been drinking. You can't always tell by the way someone looks, acts or smells if they have been drinking. I still say the guy should be prosecuted, but if he was a long time addict they are very good at hiding it.

Apples and oranges unless your BIL is a public employee or officer of the court / law. The Garrity rule protects public employees form criminal prosecution that is derived from duty compelled statements, which at this point seems to include chem testing.

An individual's tolerance for substance abuse has always been a point of contention in the law, which was resolved via testing thresholds. Law enforcement officers know this, it is an integral part of their training and it is why they will administer a field sobriety test or datamaster test in an incident involving serious injury or death. They have by statute in the state of Indiana 3 hours in which to offer the test, or obtain a warrant to obtain it.

Clearly the department was technically within the statute by administering the test within the prescribed time line. The key issue at this point seems to be the officers rights under Garrity, and whether they are applicable in situations wherein the officer in question is the cause of an incident, or incidents that result in death and severe injury while breaking departmental, state, and federal laws while on duty.

Admittedly the departments actions in this case drive suspicions, since most civilians would have had a field sobriety test administered, at minimum, on the spot, and would have been placed under arrest at the scene, pending results of a chem screen. The low bail also drive suspicion, as well as the quick turn around in booking.

Whether the person died at the scene or not has nothing to do with the matter, especially since there were  multiple serious injuries in the incident.

[The Troll]

  By now you know how I feel about cops.  Their training, their attitude, their protection they have from the Blue Circle (cops hiding cops).  The Peace Officer has been replaced by the Paramilitary Combat Force Cop.

  But let me make a prediction.  Then this drunk cop, who was sighted for the drunk driver arrests by the Mother's Against Drunk Drivers.  When he is tried, he will be tried as an EX-POLICEMAN.  Why, the Judaical system, courts and judges don't try an "Active Duty" cops.  It looks bad on the force.

[Palehorse]

  By now you know how I feel about cops.  Their training, their attitude, their protection they have from the Blue Circle (cops hiding cops).  The Peace Officer has been replaced by the Paramilitary Combat Force Cop.

  But let me make a prediction.  Then this drunk cop, who was sighted for the drunk driver arrests by the Mother's Against Drunk Drivers.  When he is tried, he will be tried as an EX-POLICEMAN.  Why, the Judaical system, courts and judges don't try an "Active Duty" cops.  It looks bad on the force.

I predict this cop will be fired, and not much else will happen to him surrounding criminal prosecution. The Supreme Court has already ruled that law enforcement officers cannot be criminally prosecuted for providing involuntary, self incriminating statements. Now he can be disciplined internally, and he can be subjected to civil suit(s), but I am betting because no one bothered to call the prosecutor on duty, (who would have secured the voluntary consent or a warrant prior to the blood draw), this guys Garrity rights will shield him from criminal prosecution. 

Moreover, even if they do prosecute him and convict him, he will be out as soon as the appeal is heard.

The city of Indianapolis will buy the silence of the victims via an offer to settle that is slightly above the legal limitations, (thereby securing the advice from the victims attorney to settle), and they'll hope no one notices when the cop is let out of jail free. . .

[Palehorse]

Oh yeah, this cop got treated the same way as any one of us would! My ass!

Police say an Indianapolis man was drunk when he caused a crash that killed an 18-year-old motorcycle rider on the Northwestside Sunday.
Michael Reynolds, 41, was held in the Marion County Jail Monday on initial charges of operating a vehicle while intoxicated in the crash that killed Roman Casel. Reynolds' bond was set at $60,000.


Reynolds was driving a 1998 Ford Taurus that collided with Casel's 1978 Suzuki in the 6500 block of West 56th Street at 9:23 p.m., according to an Indianapolis Metropolitan Police Department report.
Sgt. Paul Thompson, IMPD spokesman, said Reynolds was westbound on 56th Street and turned left in front of the motorcycle at the ramp to southbound I-465. Casel died later at Methodist Hospital.

http://www.indystar.com/article/20100816/LOCAL18/8160391/Man-faces-DUI-charge-in-fatal-crash

He's in jail and being held. Bail set a six times that of the cop.

[Exterminator]

I'll bet he doesn't have free legal representation paid for by the F.O.P. either; huh?

[The Troll]

I'll bet he doesn't have free legal representation paid for by the F.O.P. either; huh?

  We all agree cops are stupid.  But I don't think the lawyers of the F.O.P.  are going to defend this cop.  It's not in the union benifit package.

[The Troll]

  On this drunk killer cop, we are not looking at the total picture.  Our present judicial system is set up as a Triad, a group of three.  Which each leg of the Triad need the other legs to stand.

  We have the judge, the head and master of the Triad.  Who usually is a lawyer that couldn't make it in civil pratice.  He control everything.

  Then we have the prosecutor, who is a lawyer that couldn't make it in civil pratice.  He the one who prosecutes the people and is in the same leg of the Triad of lawyers, the people who's whole income depends on the judge.  It's a real money making machine.

  The we have the "Knights", the cops, the people who bring all of the sheeple to the lawyers and the judge.  With out the cops, how could the judge and lawyers conduct their  money making business.

  Therefore the Judaical system will try it protect the goons.  Until they find out that they can not protect them.   Then it's into the meat grinder.  For this cop, it the meatgrinder, he's lost the protection of the Triad.

[Exterminator]

  We all agree cops are stupid.  But I don't think the lawyers of the F.O.P.  are going to defend this cop.  It's not in the union benifit package.

Uh, you might want to look up who is defending this ass clown and on whose bill.

[The Troll]

Uh, you might want to look up who is defending this ass clown and on whose bill.

  The trial hasn't started yet.  We will see who the lawyer is that defends him.  I'll bet when he comes up to trial, it won't be the big guns lawyers for the F.O.P. that defends him.  Want to bet?

[Exterminator]

The big guns for the F.O.P. have filed briefs that, if successful, will preclude there even being a trial.  Even if there is, it is very rare for an attorney to excuse him/herself midstream and he/she would have to have a pretty good reason for doing so.  The F.O.P. is footing the bill.

[The Troll]

The big guns for the F.O.P. have filed briefs that, if successful, will preclude there even being a trial.  Even if there is, it is very rare for an attorney to excuse him/herself midstream and he/she would have to have a pretty good reason for doing so.  The F.O.P. is footing the bill.

  We will see.  But they sure wouldn't want me on his jury.  There is nothing I despise more than an hypocritical authoritarian figure.  Arresting drunk drivers, getting awards for arresting drunk drivers.  Then killing someone while drunk.  Throw the book at him.  Just think he blew almost 1.9 at 9 o'clock in the morning.  Just when did he start drinking.

[Exterminator]

The point, Troll, is that he'll likely never see a jury.