De'Von Bailey Shooting: Video Breakdown

[Eric P]

19 y/o is NOT a kid... please stop calling these thugs kids. It plays to a different narrative.

How can they be brought to civil court? Governmental immunity, especially if they are cleared and put back in service.

Poll smoker is not helping the cause by calling for an investigation. Quite clear he was going for the gun. No one runs with hand in pocket.

[WETWRKS]

But but but...the officer should have been able to use the car mirror to shoot the gun out of the criminals hand by skipping the shot off the hubcap via a less lethal tazer shotgun sniper rifle with high capacity belt fed clipazines.


Yep. Justified.

[Bailey Guns]

The officers don't have immunity for their actions. Criminally or civilly.

Having said that, I'm gonna go out on a pretty sturdy limb and say there's no way a DA will find any wrongdoing. Obviously I'm saying that based strictly on what's been released re: this case.

Regardless of that the family can, and probably will, file a civil suit. Worst case for the family CSPD pays them something just to make it go away and avoid years of civil litigation and the costs that go with it.

[FoxtArt]

I disagree. If they were found guilty of a crime in a criminal court then they wouldn't have immunity in a civil. But otherwise, qualified immunity may be hard for someone to bypass. That doesn't stop a suit, but it'll stop it getting far.

[Gman]

The officers already had the report from the robbery victim that the guy that robbed him had pointed the gun at him. If that happened before the officers arrived, how could they be expected to assume that De'Von would not threaten or shoot someone if they let him go to try and pick him up later?

[cstone]

Exactly. In court. Until that time all bets are off. There's no Innocent till proven guilty, no Miranda reading, nothing. He / they are suspects. Once (if at all) arrested is where Miranda comes in to play. Everything else follows.

Miranda doesn't really come into play until custodial interrogation. Not under arrest, no need to answer. Under arrest, all you have to provide is identifying information; Name, DOB.

I often used a modified version of Miranda, but I normally didn't arrest anyone that I hadn't spent a lot of time building a case against and often after getting an arrest warrant. My version of Miranda went something like: You have the right to remain silent. Please use it. I already have enough to get you in front of a judge and more than likely enough to get you convicted. Unless you have someone much higher on the pecking order that you would like to hand up right now, I doubt you have anything worth me writing down.

Those officers knew they had suspects matching the description in the vicinity of the alleged crime. Given the call, both those guys were going to be patted down for weapons. Once a weapon was found, they would have been held briefly for a show up for another officer to bring the alleged victim to identify or not who had assaulted him. Once identified, they would be booked and given their grey bologna sandwich with a cup of colored water (kool-aid) till they were given a bail hearing. After that, the justice system would have begun it's slow grind. De'Von short circuited the system and played Russian Roulette with a few semi-automatic handguns. Bad odds. De'Von will not be a repeat offender.

Be safe.

[Mtneer]

Donut didn't mention that Devon was running towards Adams Park where witnesses said children were playing.

[KevDen2005]

The shooting seems within the law. However, I can certainly see it ending up in court. They had the kid's name and new where he lived. His buddy just stood there so it's likely he would have been arrested and surely ratted on the other one.

What would have the runner done had he been able to pull the gun? Or what would he have done had they let him run? No one will ever know. And remember, regardless of the video, the kid is innocent until proven guilty in court.

But black kid and white cops equals a lot of trouble.

I see the "innocent until proven guilty" thing a lot in these shootings. You're absolutely correct, he's innocent of the robbery until proven guilty, but that doesn't allow for him to provide officer and public safety issues during the time officers are attempting to make an arrest. Officers and citizens aren't required to let an armed person present violent behavior until the trial is over. His guilt or innocence in the robbery has nothing to do with his behavior when officers have a lawful reason to contact a criminal with probable cause and significant reason to believe he's armed and said person fails to follow commands. Things would have been different had he stopped and followed directions...he would have had a jury determine his innocence.

[theGinsue]

Apparently, no one told De'Von that it's always better to be judged by 12 than to be carried by 6.

He thought he could outrun the cops but failed to realize they could legally outrun him with bullets. I learned the general concepts of the statutes that came into play for those officers in High School American Government classes. Either he failed to pay attention or our education system doesn't teach that any more. Either way, it didn't work out in his favor. It's a shame that I know the next De'Von wannabe won't learn from this and make a better choice. Play stupid games, win stupid prizes and all that.

I honestly believe that, had the 2 suspects been white and not black and the suspects acted exactly the same way it would have played out the same way. I'm so sick of seeing these events turned into a race thing. It isn't race that got him shot/killed - it was criminal behavior.

[Bailey Guns]

I disagree. If they were found guilty of a crime in a criminal court then they wouldn't have immunity in a civil. But otherwise, qualified immunity may be hard for someone to bypass. That doesn't stop a suit, but it'll stop it getting far.

I'm no lawyer but I don't think qualified immunity applies here. Qualified immunity does not protect an officer who violates a Constitutional or statutory right...which is what they'll allege. They'll say De'Von's Constitutional rights were violated. Qualified immunity sure didn't come into play when I was sued by a kid who claimed I hit him. I had to endure two years of bullshit leading up to a 7 day trial in federal district court listening to lies from the little asshole. $17M on the line. Fortunately the jury saw right thru the lies by this kid and his ambulance-chasing attorney and reached their verdict in a very short time.

Cops get sued for this kind of nonsense all the time.