Drake, Enrique, Officer discussed on The Gun Guy


Is the well for C. welcome back ninety three what you see talking about a new lawsuit just announced last week by the family of Drake's Enrique the twenty one year old man who was shot by noon I am PD officer after leading police on a police chase for quite some time on bailing out of his car six second Michigan right there at the ace walking key and and that's where the facts become dispute the family and attorneys of Sean Reid her saying he I didn't have a gun if he had a gun he didn't shoot anyone and it essentially police murder there was no valid reason to shoot he was just run away trying to escape I am PT has said Ono we've recovered multiple shell casings from the scene indicating that not only did he have a gun but we recovered is gonna hand the shell casings there show that his gun was fired other shell casings were recovered from the nun fire fired fired by police including the officer does your Mercer who fired the shots that well sorry so there is surely there are contested facts around the actual shooting I am PT says clearly just for but now there's a lawsuit filed so when a civil lawsuit is filed a wrongful death case or civil rights case like we're seeing in this case what are they saying were they trying to accomplish well what can the civil lawsuit almost all civil lawsuits it's about money they're trying to recover compensation or try to recover money for what they say was the unlawful killing their loved one there relative it also typically in a wrongful death case you're actually suing on behalf of the person who is now deceased there are limitations on what exactly you can recover but essentially you're suing as a representative for that portion saying that the the pain that they suffered this is actually the the economic damages arising out of they're dying or they're being killed the the finish pay compensation for that was the end of the day it's about money but almost all civil lawsuits or some civil lawsuits may involve something else sort of injunction or your judgment we called we were just trying to get the decision on a legal issue but most civil lawsuits about cash about money about compensation that's what this lawsuit is about so what are the issues going to be in that lawsuit first and foremost it's gonna be the issue of Indiana law interpreting whether the shooting of Trayvon reed was legally justified or not and for the most part there are there are certainly some exceptions to the statement for the most part the law of self defence when you're legally entitled to use force against another person when you're legally justified in using force against another person for the most part was some differences little mention hello self defense is the same for cops is for private citizens again police officers can use force in some situations the private citizens cannot there's what's called a fleeing felon rule which may very likely come into play in this case where if someone is fleeing and you have reason to believe they're in danger a significant danger of bodily injury to others in the community police officers just by using force or a private citizen cannot typically a private citizen if there's no active threat against you or you're not preventing serious bodily injury or the commission of a forcible felony against someone else someone else right there at the scene identifiable at the time typically private citizens limited in the use of force including deadly force but let's say the facts as alleged by MPD which are that John reed fired shots at the officers with that situation there's someone shooting at you are you justified in shooting them the answer to that is yes unless you're committing a crime or you're otherwise disqualified from using deadly force I won't bore you with all those rules it's one thing to go into in my central Indiana gun law classes to hear me talk about a lot we just sold out that class by the way for June twenty seventh that's one thing we go into a lot of detail we spent four and a half hours talking about these legal issues in that class someone shooting at you when you're not committing a crime or you're not trying to hurt them you're not you have to relinquish your ability to use force in self defense can you defend yourself all sure is that those rules any different from police officers not a court of law they are courting the law of the justifiable use of force in self defense including the use of deadly force now the use of deadly force use of force at all as I talked about last week are coming into play in terms of what department policies are when I played a quote from mayor Joe Hogsett Indianapolis mayor Joe Hogsett please quote last week so I was fairly incensed about the said well if there are any alternatives whatsoever you should never use deadly force and we want to go to California style the call interment in terms of the room the rules of engagement in the use of deadly force by police officers one sorry call me call call call me reactionary calm call me a biased on this point but California style anything doesn't sell your good idea to me when it comes to law enforcement for the use of certainly the use of force in self defense California style I'm sorry I would California style sushi give me a California roll anytime anything other than that you can leave California California's affected Joe Hawkes was to go to work when he calls I'm I'm sure what the hell that means what he calls a California style system for the use of force in self defense so we are really bad idea to me and I went on for some time I won't repeat the conversation here about why posing on police officers at a rules of engagement a requirement the only when they have no other choice can they then legally or according to department protocols the firm selves sounds like an idiotic proposal to me but in this case involving pressure on reed in the filing of this lawsuit that's what's going to be front and center what was gonna be front center is was also legally justified use of force by these officers if it was there should be no basis for compensation but that's been open question for a long time in Indiana because we didn't have very strong wall that protected someone from civil liability and from civil litigation from being sued in the poor house if they defend themselves even legally and justifiably under Indiana law that's why I wrote the bill I wrote that we just got passed in two thousand nineteen we'll talk about how that will or won't apply to this lawsuit by bridge on reed's family to his attorneys will pull video from the news conference that they had as well could be a statement by his attorney and then going a little bit of background including what my motivation was my what my inspiration was to write this bill in the first place and again how we should apply directly to this lawsuit just filed last week right now it's probably our taking a break give us a call you want to join the discussion three one seven two three nine ninety three ninety three that's three one seven two three nine ninety three ninety three this is Carol Ford on the gun does show on ninety three W. white BC this is what's happening one.

Coming up next