JSO involved shooting in Springfield

[AKIRA]

776.05 Law enforcement officers; use of force in making an arrest.—A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:
(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;
(2) When necessarily committed in retaking felons who have escaped; or
(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given,

and:

(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or
(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html

I'm not so good with legalese, but it seems like an officer may use deadly force if "a" and "b" are proven and if Vernell Bing Jr. is a "fleeing felon".

A or B. Both are not required. They appear to apply to case number 3 only. But to justify the use of any force, one of the conditions set out in 1 - 3 would have to be met. As far as "felon" is concerned, I'd need to see how that is defined for the purposes of the statute, though I assume it means people who have been convicted of felonies (and in that case applies to 2 and/or 3 above).

I would assume that the defence offered would be that the police officer reasonably believed that he had to defend the public (as the suspect was driving a car linked to a murder and fled when confronted - and possibly attempted to harm another officer with his car). He might also say he thought the suspect was reaching for a weapon. Which might be reasonable - but it's hard to say in the absence of any further information.

That's just my take.

It refers to people who have probable cause for their arrest for felonies.  He was a fleeing felon.

[strider]

776.05 Law enforcement officers; use of force in making an arrest.—A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:
(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;
(2) When necessarily committed in retaking felons who have escaped; or
(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given,

and:

(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or
(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html

I'm not so good with legalese, but it seems like an officer may use deadly force if "a" and "b" are proven and if Vernell Bing Jr. is a "fleeing felon".

A or B. Both are not required. They appear to apply to case number 3 only. But to justify the use of any force, one of the conditions set out in 1 - 3 would have to be met. As far as "felon" is concerned, I'd need to see how that is defined for the purposes of the statute, though I assume it means people who have been convicted of felonies (and in that case applies to 2 and/or 3 above).

I would assume that the defence offered would be that the police officer reasonably believed that he had to defend the public (as the suspect was driving a car linked to a murder and fled when confronted - and possibly attempted to harm another officer with his car). He might also say he thought the suspect was reaching for a weapon. Which might be reasonable - but it's hard to say in the absence of any further information.

That's just my take.

It refers to people who have probable cause for their arrest for felonies.  He was a fleeing felon.

Did they know he was a felon or was he just fleeing?  Does the act of fleeing somehow make you a felon?  I thought you had to be convicted of a felony to be a felon.

[Adam White]

776.05 Law enforcement officers; use of force in making an arrest.—A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:
(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;
(2) When necessarily committed in retaking felons who have escaped; or
(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given,

and:

(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or
(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html

I'm not so good with legalese, but it seems like an officer may use deadly force if "a" and "b" are proven and if Vernell Bing Jr. is a "fleeing felon".

A or B. Both are not required. They appear to apply to case number 3 only. But to justify the use of any force, one of the conditions set out in 1 - 3 would have to be met. As far as "felon" is concerned, I'd need to see how that is defined for the purposes of the statute, though I assume it means people who have been convicted of felonies (and in that case applies to 2 and/or 3 above).

I would assume that the defence offered would be that the police officer reasonably believed that he had to defend the public (as the suspect was driving a car linked to a murder and fled when confronted - and possibly attempted to harm another officer with his car). He might also say he thought the suspect was reaching for a weapon. Which might be reasonable - but it's hard to say in the absence of any further information.

That's just my take.

It refers to people who have probable cause for their arrest for felonies.  He was a fleeing felon.

Did they know he was a felon or was he just fleeing?  Does the act of fleeing somehow make you a felon?  I thought you had to be convicted of a felony to be a felon.

Having gone back and read the Wikipedia article posted by SheClown, I believe Akira is right. Case three above refers to suspects fleeing after commission of a felony - though conditions A or B would also have to be satisfied in order to use deadly force (as I understand it).

For example - an armed robber flees the police after commission of a robbery in which someone was shot. No one is going to argue the police have to wait to use deadly force until after the suspect has been tried and convicted of a felony.

Edit: this doesn't mean I think he was a felon - I'm not sure whether he committed any sort of felony.

[Non-RedNeck Westsider]

Edit: this doesn't mean I think he was a felon - I'm not sure whether he committed any sort of felony.

But the car he was driving was linked to a shooting, which is what started this entire thing to begin with, so I'm sure the presumption that he may have had something to do with the felony (if that particular case would warrant one) is probably enough for probable cause.

[Adam White]

Edit: this doesn't mean I think he was a felon - I'm not sure whether he committed any sort of felony.

But the car he was driving was linked to a shooting, which is what started this entire thing to begin with, so I'm sure the presumption that he may have had something to do with the felony (if that particular case would warrant one) is probably enough for probable cause.

Perhaps - I don't know... I'm not a lawyer. That said, we only know the car was linked to a shooting - that could mean anything, from being used in a drive by or possibly having been seen in the area around the same time. We know precious little about this case, yet everyone seems to be falling over themselves to reach conclusions.

Edit: re-reading the original post, it appears to have been "used in a shooting". Still a bit vague for me.  I think we need to know more and I hope the investigation is thorough and fair.

[sheclown]

JACKSONVILLE, Fla. - A loaded gun was found in Springfield Thursday, but it's believed to be unrelated to Sunday's officer-involved shooting, the Jacksonville Sheriff's Office said.

Officers at the scene told News4Jax they were only there to "make sure the neighborhood is safe."


The gun was found just one block away from the intersection of Liberty and 9th streets, where a 22-year-old man was fatally shot by a police officer Sunday afternoon after a head-on crash with the officer's cruiser.

Vernell Bing Jr. was shot once in the side of the head after leading officers on 3.7-mile high-speed chase that ended when it appeared he intentionally struck the officer's cruiser on a Springfield street, according JSO. The Sheriff's Office said no gun was found on Bing or in his car.

Just down the street from where the gun was found, supporters of Bing's family gathered for a rally Thursday evening.

James Muhammad, president and educator of the New Black Panthers, said the black race should not have to choose between "liberation or death."

"No justice, no peace," Muhammad chanted with others at the rally.

Pastor R.L. Gundy said rallies will be necessary as the community continues to demand justice.

"We've been hollering on this for years. I'm not going to try to stop these young people from marching. I'm not going to try and stop them from protesting," Gundy said.

Thursday night rally in Springfield

Bing's grandmother attends Gundy's church and he said he sides with Bing's family. Gundy said no one should be treated like an animal, which is why he's been asking the city to make changes since 2004.

"We want a citizens review board in the community. And the City Council has the power to do it. They have the legislative power and they control the purse of the sheriff," Gundy said.

Gundy said the recent officer-involved shooting is another example of why the Sheriff's Office must install police body cameras for the protection of residents and JSO officers.
Justice League United files formal request for FBI to investigate

News4Jax also spoke with Bobby Worthy, president of the Justice League United, who filed a formal request with the FBI Thursday to have the incident investigated.

VIEW: Justice League United request for FBI to investigate shooting

The formal request argues that the "Jacksonville Sheriff's Office has a history of shooting unarmed black men with no officer ever being indicted."

The request goes on to say that the organization "respectfully requests that the U.S. Attorney's Office investigate the facts and circumstances surrounding the homicide of Vernell Bing Jr., and the policies, practices and procedures of the Jacksonville Sheriff's Office and the State Attorney's Office."

Worthy said enough is enough.

"I'm hoping that the feds come and take over the whole investigation. What I really want is for them to take over the entire investigation because I think that Angela Corey and the Sheriff's Office have something going on. They have never, from what I know, they have never prosecuted one officer for a wrongful shooting of someone," Worthy said.

The request was initially brought to the State Attorney's Office, which then notified Worthy that he had to submit the request to the FBI. The FBI will not review the request though until the investigation is approved.

http://www.news4jax.com/news/local/jacksonville/officer-involved-shooting-in-springfield__

[AKIRA]

Edit: this doesn't mean I think he was a felon - I'm not sure whether he committed any sort of felony.

But the car he was driving was linked to a shooting, which is what started this entire thing to begin with, so I'm sure the presumption that he may have had something to do with the felony (if that particular case would warrant one) is probably enough for probable cause.

Yes, plus there were other factors...

776.05 Law enforcement officers; use of force in making an arrest.—A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force:
(1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest;
(2) When necessarily committed in retaking felons who have escaped; or
(3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given,

and:

(a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or
(b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/0776.html

I'm not so good with legalese, but it seems like an officer may use deadly force if "a" and "b" are proven and if Vernell Bing Jr. is a "fleeing felon".

A or B. Both are not required. They appear to apply to case number 3 only. But to justify the use of any force, one of the conditions set out in 1 - 3 would have to be met. As far as "felon" is concerned, I'd need to see how that is defined for the purposes of the statute, though I assume it means people who have been convicted of felonies (and in that case applies to 2 and/or 3 above).

I would assume that the defence offered would be that the police officer reasonably believed that he had to defend the public (as the suspect was driving a car linked to a murder and fled when confronted - and possibly attempted to harm another officer with his car). He might also say he thought the suspect was reaching for a weapon. Which might be reasonable - but it's hard to say in the absence of any further information.

That's just my take.

It refers to people who have probable cause for their arrest for felonies.  He was a fleeing felon.

Did they know he was a felon or was he just fleeing?  Does the act of fleeing somehow make you a felon?  I thought you had to be convicted of a felony to be a felon.

"I thought you had to be convicted of a felony to be a felony." 

Your confusing being label as a felon by the courts with being a fleeing felon (someone fleeing in which there is probable cause to believe has committed a felony.  Ex: bank robbery fleeing from the bank.  Not label yet as a 'convicted felon", but is fleeing a felony...

[sheclown]

http://www.youtube.com/v/fhoMvi_kmsY

[sheclown]

Press Conference will be held at Embassy Fellowship at 221 E. 8th Street today at 5:30 pm.

Sheriff Mike Williams, city council, and several pastors will be holding this conference.

[Non-RedNeck Westsider]

Press Conference will be held at Embassy Fellowship at 221 E. 8th Street today at 5:30 pm.

Sheriff Mike Williams, city council, and several pastors will be holding this conference.

They seem to be mentioning a video, and I can't seem to find it. 

Has there been video released that would incriminate the officer?

[strider]

This clip discusses several controversial issues --  one of which is the release of this video yesterday.

http://www.youtube.com/v/kF9jeh_-7RA

[sheclown]

Thoughts from tonight's press conference:

[sheclown]

The press conference was held in a little church on east Main Street.  The church is most definitely in the epicenter of Springfield's troubles.  Pastor Scott has been in this location since the mid nineties and lets us know that he understands the challenges on all sides.  He also says that he's "been quiet but watchful" in a tone that quietly demands justice.

The mayor speaks next.  He nods to the neighborhood concerns talking about the need for safety and the importance of raising your family in a safe environment.  ( He looks folksy in his casual wear and is very charming when I thank him for coming tonight.  "I wouldn't be anywhere else")



The Sheriff speaks next.  This is, of course, why the crowd is here.  He mentions "The Video" (the one above that shows the woman in custody being hit) and states that the officer was fired.  He uses this to assuage  concerns that justice won't be possible.  He states "we make mistakes" and "we are holding officers accountable"  and "we will correct mistakes".

He tells the crowd that Vernell was shot once in the head while he was facing the officer. 

He promises transparency but can't speak about an open investigation.

The Kemetric Empire (representing the family) at this point, stands up, chants "we exercise our right to protest" and then they file out of the room.

The meeting is over with the statement "Be the change you want to see".

[sheclown]

So afterwards I went back to the corner of 9th and Liberty to talk to the family.  His mother was sitting, facing the memorial. 

[sheclown]

I asked Kemetric Empire if they had any comments on the Sheriff's speech. 



While Diallo Sekou had "no comment", other members stated that they are puzzled by the "transparency " comment -- like in -- its so transparent, it isn't even there.



James Muhammad of the New Black Panthers calls the head shot "intentional" and "an execution"

I also spoke with Dr. Levy president of the SCOC.