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Mother of carjacking suspect killed by police sues police for $20 MILLION

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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-19-10 12:31 AM
Original message
Mother of carjacking suspect killed by police sues police for $20 MILLION
Edited on Sun Sep-19-10 12:32 AM by alp227
I despise police brutality, but this case sounds really selfishly frivolous to me.

The mother of a carjacking suspect who was shot and killed by Pinole police last September at the end of a low-speed chase has filed a $20 million federal civil rights lawsuit alleging officers used excessive force.

Levi Boynton, 20, of Vallejo was one of three men who carjacked the driver of a Jeep Cherokee at a McDonald's restaurant in Pinole about 1 a.m. Sept. 12, 2009, authorities said. A Pinole police officer spotted the Jeep and chased it at slow speeds to Atlas Road in Richmond, where Boynton crashed the Jeep into a ravine and fired a shot at police, authorities said.

Pinole police Sgt. Tim Cauwels, Cpl. Chris Fodor and Officer Zachary Blume needlessly fired 32 shots at the Jeep, killing Boynton, his mother, Ifetayo Azibo-Boynton, said in a lawsuit filed Wednesday in U.S. District Court in San Francisco.


The suit, filed by Oakland attorney Linnea Willis, said none of the officers saw Boynton fire a gun and that "there is no evidence that decedent fired any weapon upon the officer defendants."


OK, the thing is: victim supposedly shot at officers (even though suing attorney claims that there's no evidence it happened). Look. Anyone who shoots at a law enforcement officer pretty much loses any right to claim excessive force. I say that only those who do NOT resist arrest have the right to claim that officers put excessive force on them.

The state can't afford a budget, yet this selfish woman thinks that filing a dumb lawsuit will help her get through the recession. Nice try. The judge will probably fall out of his seat laughing before rejecting it.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-19-10 12:35 AM
Response to Original message
1. Examination of the gun at the scene will show if it had been fired
even if they never find the slug.

Running from the police is stupid because they'll catch you and be very pissed off when they do.

Shooting at them is even stupider unless you're trying for suicide by cop.

I'm sorry Mrs. Boynton lost her son, I can't think of anything worse to go through. However, until all the forensic evidence is in, this is nothing but a need to hit back and exact revenge.
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Tunkamerica Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-19-10 12:36 AM
Response to Original message
2. I say that only those who do NOT resist arrest have the right to claim
that officers put excessive force on them. That's wrong.

Officers have a duty to use appropriate force.

The same as citizens. If someone punches me I do not have the right to shoot them. No one does.

Now, IF he fired a shot at police and continued to be a deadly threat 31 rounds in, then that 32nd round was justified. If not, then it wasn't. Pretty simple.
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RandomThoughts Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-19-10 12:40 AM
Response to Reply #2
3. Better to just stand there.
And let the big guns of the battleship backing you up do the work, they have better targeting anyways.

Although they can be seen as the police in metaphor.


Interestingly, if you are innocent, and a police harasses you, the police is no longer the police.


Although we all have it coming...
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Tunkamerica Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-19-10 12:50 AM
Response to Reply #3
4. can a police harrass?
and is a raven like a writing desk at all?
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RandomThoughts Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-19-10 01:25 AM
Response to Reply #4
5. depends on your metaphors.
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Cronus Protagonist Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-19-10 02:28 AM
Response to Original message
6. Gunshot with no trace is the catch-all defense of dealy police force
And I never believe the people who have the most to gain; the killers themselves. The truth died with the decedents.
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WVRICK13 Donating Member (930 posts) Send PM | Profile | Ignore Sun Sep-19-10 08:00 AM
Response to Reply #6
8. If He Shot At The Police
there will be trace evidence. Gunshot residue on his hand and wrist, the gun itself and the dash cams. The truth must prevail. If he shot at the police, then he kinda asked for it. If he didn't shoot at the police then the police are cold blooded murderers and deserve the full wrath of the law.
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mymomwasright Donating Member (135 posts) Send PM | Profile | Ignore Sun Sep-19-10 03:13 AM
Response to Original message
7. This is the age of dash cams
So, eventually that will be investigated along with the who, where, why, what. None of us were there out in the dark where a wrecked carjacked jeep was in the ravine. No mention of the other two carjackers fate. It also states the shots were fired at the jeep, not that he was hit 32 times. I did find it odd that they believe that "talking down the situation" is a step used during shots fired.


"This was excessive in light of the fact that the car was ran off the road and was in a ravine," the suit said. "Firing over 30 rounds without first trying to talk down the situation was also unnecessary and an excessive use of force."

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