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Old July 4, 2018, 07:05 PM   #26
Kirosha
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Most police take their oaths very seriously, so you will often see off duty officers stepping in to help when it is legitimately needed. Brian, clearly 99% of off duty cops would have stepped in. In Alabama, if you are hitting in the head or stomach repeatedly, that is grounds for second degree assault, a felony. That is grounds for the use of deadly force by a citizen in protection of another. So yes, you'd see an off duty cop stepping in, at least the ones I know.
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Old July 4, 2018, 08:54 PM   #27
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In Alabama, if you are hitting in the head or stomach repeatedly, that is grounds for second degree assault, a felony
I am certainly no expert and I do not live in Alabama but I think you are mistaken about that. The codified Statute does not seem to support what you have said here. The Definition of serious physical injury is fairly specific as well.

Generally speaking, I would not want to try and justify the use of deadly force against a lone and seemingly unarmed person. That's just me.
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Old July 5, 2018, 09:20 AM   #28
briandg
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In Alabama, if you are hitting in the head or stomach repeatedly, that is grounds for second degree assault,
That would actually be assault with battery, since the attack was clearly serious. There are other subtleties to the charges.

In the legal definition, assault does not normally cover physical attack, it is limited to threats and other non physical intimidation, instilling fear.

Battery is a separate charge, and they try to make a clear distinction. Battery takes place when physical contact is made.

Felony assault and battery are charged when the attack causes serious bodily harm. Misdemeanor assault can be charged in cases of a push or light non injurious blow.
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Old July 5, 2018, 10:42 AM   #29
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If they are talking about Alabama, you might want to read the statute. Your definitions may mirror common language or statutes from other places but I think you may be mistaken about Bama. I am no expert but I have traveled through there a few times and have superficially read through their criminal code.
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Old July 5, 2018, 01:02 PM   #30
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When armed:
1.) Do not get into , or attempt to break up , someone else's fight... I've seen too many instances where that person gets killed. Last year it happened here in Baton Rouge.
2.) If you drop your gun in the presence of armed offices....DO NOT attempt to pick it up, they will do something you wont like.
3.) I hate to say this ....but you are better off not being a hero if you can help it .
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Old July 5, 2018, 01:13 PM   #31
briandg
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the statutes in alabama may not fit the general description, it doesn't really matter unless the particular event involves alabama.

The description is listed as being common law from the early years, or the 'god given rights' laws. It's described as being common across the united states and other countries.

But, it's just nitpicking to draw the distinction during a casual conversation about this thing, especially since it doesn't involve anything I belong in. Alabama is a different place, different things take place and they have different ideas about the world, right or wrong.

I guess that the distinction only matters if you are involved with the legal system in alabama, and the involvement involves these specific things.
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Old July 5, 2018, 01:30 PM   #32
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Quote:
At what point do you believe that even off duty you should step in and save the guy who has lost and is still taking a serious beating? a punching match doesn't always end with just a bloody nose. Do you still stand aside, as an armed off duty cop, and let the action proceed?
Quote:
Originally Posted by Kirosha View Post
Most police take their oaths very seriously, so you will often see off duty officers stepping in to help when it is legitimately needed. Brian, clearly 99% of off duty cops would have stepped in. In Alabama, if you are hitting in the head or stomach repeatedly, that is grounds for second degree assault, a felony. That is grounds for the use of deadly force by a citizen in protection of another. So yes, you'd see an off duty cop stepping in, at least the ones I know.
I think that this isn't the right place to go deep into the Code of Alabama, nor was it my intention to delve deeper than I already have. My point was to Brian but about how cops, off duty or on duty, usually react in my experience.
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Old July 5, 2018, 02:02 PM   #33
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argue all you want about what ifs..... but the fact remains that he got shot by the cops after reaching for a gun, after being told not to do so by the same cops.

the cops will be judged on what they knew at the time, not by what some pretend intellect found out later.

a man involved in a fight was reaching for a gun. the cops told him not to do so, the man did so and was shot.

Last edited by JERRYS.; July 6, 2018 at 04:02 PM.
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Old July 5, 2018, 02:12 PM   #34
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What is strange is that he had a CCW, but was open carrying. The gun obviously was not concealed. I am not sure how the officers failed to spot it previously.

Now the protests have started against the PSU cops about killing a Navy veteran.

https://www.cbsnews.com/news/portlan...on-washington/

Witnesses say he was trying to break up a fight. What the cops saw was a combatant with a gun.
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Old July 5, 2018, 02:52 PM   #35
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This is exactly what people had feared would happen, Olivia Pace said.
Oh come on, Nobody thought EXACTLY that was going to happen.

I'm not a huge fan of armed campus police but these people are living in a dream world if they think that they are not a target for the next loser loner off his Xanax. Schools are one of the few places we really need an armed response on call.
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Old July 5, 2018, 05:19 PM   #36
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Quote:
the statutes in alabama may not fit the general description, it doesn't really matter unless the particular event involves alabama.

Quote:
In Alabama, if you are hitting in the head or stomach repeatedly, that is grounds for second degree assault
So you were speaking generally... I was confused by the fact that you quoted and responded to a comment specifically about Alabama
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Old July 5, 2018, 08:17 PM   #37
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Yup. Freak accident. That really is unfortunate.

I wish he had better retention in his holster at least. I remember when I jumped a fence once and my pistol fell out of my holster and hit the ground.

Things are so tense lately between LE and citizens. That's a whole other conversation though.
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Old July 6, 2018, 07:00 PM   #38
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I think this has gone on long enough.
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