Self-Defense and a Cop Doing Life

Discussion in 'Police News Articles' started by kwflatbed, Jan 25, 2013.

  1. kwflatbed

    kwflatbed Subscribing Member MC1+MC2 +MC3 109K+Poster

    [​IMG]
    by david waksman
    Self-Defense and a Cop Doing Life

    January 24, 2013 in Case Law & Legal Updates, Featured, Posts, Shots Fired by david waksman
    [​IMG]

    We all believe we understand the law of self-defense and know how it should be applied. As we examine the tragic case of off-duty NYPD Police Officer Richard D. DiGuglielmo Jr. (known as Richie to his friends and family), we see that nothing in the law is as simple as we may think.
    Back in 1996, Richie had just finished his tour of duty in The South Bronx and was helping out his dad and brother-in-law at the family owned deli in Dobbs Ferry, New York, 30 minutes north of the city in Westchester County. Dad was recovering from a heart attack and needed the help.
    Someone had parked in one of the deli’s limited reserved parking spots and went across the street. As recommended by the local police, Dad first asked the person to move the car, and then when he refused, placed a “no parking” sticker on the car. This infuriated the driver and Richie came out to get between him and his father. The driver, an amateur boxer named Campbell, began punching Richie in the face. It took all three family members to subdue Campbell and calm him down.
    This seemed to end the story and Campbell returned to his car. Dad followed him, offering return of his dropped cell phone. However, instead of getting into his car and driving away, Campbell went to his trunk and retrieved a metal baseball bat. Dad was hit twice, one shattering his knee and the other cracking his wrist.
    Richie now back inside the deli, grabbed a gun from beneath the counter, ran out, and fired three times. The autopsy reported three shots to the left shoulder, one exiting and re-entering the chest, killing Campbell. Officer DiGuglielmo had never shot anyone before.
    Richie believed his father’s life was in danger from a “deadly weapon” and felt he would be quickly cleared.
    You won’t believe what “the cops” did to him.

    http://lawenforcementtoday.com/2013/01/24/self-defense-and-a-cop-doing-life/
     
  2. Code 3

    Code 3 Supporting Member

    Total horseshit. Baseball bat is most definitely capable of causing serious bodily injury or death. Shooting was justified.
     
    Joel98, LGriffin and USMCMP5811 like this.
  3. corsair

    corsair Supporting Member

    Utterly Horrendous!
     
  4. Delta784

    Delta784 Guest

    "Justice" from the same state that has outlawed magazines with a capacity of more than 7 rounds and forgot a law enforcement exemption, and therefore on March 1st will make 40,000 New York City cops (and countless other NY cops) felons on March 1st.
     
    Joel98 likes this.
  5. LGriffin

    LGriffin Supporting Member

    They're required to turn in their weapons at the end of shift! Unreal...
     
  6. pahapoika

    pahapoika Subscribing Member

    that is bogus! !!!
     
  7. Delta784

    Delta784 Guest

    That will DEFINITELY make New York City more safe. :rolleyes:

    I think we've officially reached "Bizzaro World" status.
     
    Joel98 likes this.
  8. grn3charlie

    grn3charlie No! My teeth are real. See?

    I may not be Charlie on the MTA but I know a railroad when I see one
     
  9. Hush

    Hush Moderator Staff Member

    Wait, what?? That shit for real?!?
     
  10. LGriffin

    LGriffin Supporting Member

    In their rush to pass the bill, they forgot to exempt police.:rolleyes:
     
  11. topcop14

    topcop14 Subscribing Member

    Un fucking real!!!!!!!! He should have gotten a medal not prison time!!!
     
    USMCMP5811 likes this.
  12. Hush

    Hush Moderator Staff Member

    But will the departments comply, or claim privilege?
     
  13. MaDuce

    MaDuce MassCops Member

    I wonder how this will affect out of staters carrying on LEOSA?
     
  14. SgtAndySipowicz

    SgtAndySipowicz Supporting Member

    Just made me think of Citizen Bob LOL........
     
    Delta784 likes this.
  15. Hush

    Hush Moderator Staff Member

    New Jersey has been fucking people for years, still have issues with JHP if not on official duty.
     
  16. LawMan3

    LawMan3 Moderator Staff Member

    Any LEO who jams up an off-duty LEO carrying a heater with JHP ammo is a complete douche.
     
  17. Joel98

    Joel98 MassCops Member

    I knew they forgot to exempt police, but will they really be required to turn in their weapons at the end of shift?
     
  18. samadam78

    samadam78 MassCops Member

    Leosa does not apply to mag capacity or ammo. So you will not be able to carry your duty weapon to new york
     
  19. LawMan3

    LawMan3 Moderator Staff Member

    And who's gonna find out? Nobody. That's the beauty of concealed carry. Allow me to reiterate below:

     
  20. Delta784

    Delta784 Guest

    Even before LEOSA, I came across out-of-state officers carrying. Once I verified who they were, "Have a nice night".
     
  21. samadam78

    samadam78 MassCops Member

    Couldnt agree more. But it only takes one dickhead
     
  22. Delta784

    Delta784 Guest

    If I were the backup officer for someone who wanted to arrest an out-of-state cop for having too many rounds in his/her magazine or other ridiculous foolishness, they better be able to take me in a fight, because it's not happening if I have anything to say about it.
     
  23. grn3charlie

    grn3charlie No! My teeth are real. See?

    Sad though that we all know THAT GUY who would get a charge (no pun intened) out of sticking it to another cop.
     
    samadam78 likes this.
  24. Delta784

    Delta784 Guest

    THAT GUY will get the message when his or her fellow officers make it clear that that an arrest WILL NOT happen if an out-of-state police officer violates complete bullshit laws that are unconstitutional.

    Our oath of office says that we will uphold and defend the Constitution of the United States against ALL enemies, foreign OR DOMESTIC.
     
  25. topcop14

    topcop14 Subscribing Member

    They changes it ammo is covered, but I don't believe they did anything about magazines.
    LEOSA Amendment
    For some of you that don't know LEOSA has been amended and here is an article on it below. Obama signed in more federal agents to be included in the act. He also included Amtrak Police, and Federal Reserve Police so things are looking up for them.

    NRA Explains Changes To Police Carry Law
    LEOSA amendments signed by President Obama better clarify active and retired officers' concealed carry rights in all 50 states, according to the NRA.
    Revisions to the Law Enforcement Officer Safety Act of 2004 (LEOSA) recently signed have expanded which active and off-duty officers are eligible to carry a concealed firearm in all 50 states, an attorney with the National Rifle Association tells POLICE Magazine.

    The amendments, which were initially introduced in mid-2009, also set up more clarified guidelines about the documentation needed by retired officers and protect officers' rights to carry hollow-point ammunition — even when traveling in New Jersey.

    When first passed, LEOSA didn't create a mechanism that would allow retired officers to exercise their right to carry concealed.

    Amendments signed by Obama on Oct. 12 come closer to this goal and are generally good news for officers, said Christopher Conte, legislative counsel with the NRA's Institute for Legislative Action.

    The law provides separate sections, offering guidance for active and retired officers that requires the later to "qualify" as the former to carry a concealed firearm in another state.

    Most notably, the amendments expand the law's definition of active officers who can qualify, giving the right to more federal agents. Now, Amtrak Police, Federal Reserve officers, executive branch officers — such as all agents under the Department of Justice, U.S. Secret Service, and Park Police — and agents under the Department of Defense are eligible.

    Also, officers can't lose their carry right if they've been reprimanded; only more serious misconduct could imperil it.

    The active-duty section has also been reworked to protect hollow-point ammunition, but not submachine guns, silencers or a "destructive device" such as a hand grenade, Conte said. Guns or ammunition needing a tax stamp as required by the National Firearms Act wouldn't be protected.

    Revisions also reduce the amount of time that an officer has to serve as an officer from 15 years to 10 years to qualify for LEOSA carry rights, bringing the federal requirement in line with states such as California with 10-year qualification already established.

    And lastly, the changes create a procedure for retired officers to meet the requirements necessary for LEOSA carry. Retired officers need a special photo ID from the agency that employed them and requalification card. The card can be issued by the state similarly to a driver's license or by a certified firearms instructor (such as a range officer) who is "qualified to conduct firearms qualification tests for active duty officers," Conte said.

    Currently, only Virginia accepts certification via the NRA's LEAD (Law Enforcement Assistance Division) program.

    The law doesn't mandate states to set up a credential-issuing program.

    "It certainly clears up portions of it," Conte said about the LEOSA revisions. "If you are in a hostile state, I don't know if it's going to make it any easier. You can always go down to your county sheriff."

    The final bill signed by Obama originated with Sen. Patrick Leahy's (D-Vt.) S. 1132, but was substantially modified since its introduction.

    "The dedicated public servants who are trained to uphold the law and keep the peace deserve our support, not just in their professional lives, but also when they are off-duty or retire," Leahy said in a statement on his website.

    Officers with questions about laws in their specific states should contact NRA Legal at ILAlegal@nrahq.org.​
     
    Joel98 and kwflatbed like this.

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