CCW holder shoots off-duty cop (brother-in-law)

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Silverlance, LAPD has some of the most underappreciated police officers in the country. However, they are very good at what they do.
 
police unions

area trip. in prince georges county md a cop has 5 days after a shooting before he has to make a statement to investigators. thats part of his contract
 
New Stuff.

This is a new article in regards to the Mike Beitko story---seems that not only was he not charged by the Grand Jury but now the paper, his widow and others seem to be keeping the fires "stoked". They have added a comments section to the story--and if you get a moment or two, please take a look at them and post a comment. Someones got to make them understand what Beitko did was WRONG. They have apparently started a fund for Beitkos widow and children----things that make ya go "hmmmmmmmmmmm".

http://www.ohio.com/mld/ohio/15318403.htm#recent_comm

What really happened the night Mike Beitko died?
Decision divides family, officials
By Phil Trexler
Beacon Journal staff writer
It was getting dark, the kids were eating marshmallows off the bonfire and Jacob Carlson was getting ready to drive to his friend's chicken farm.

His brother-in-law, Michael Beitko, drunk after a day full of beer, was growing edgy. Beitko's temperature was rising this July evening and the party with the two families needed to break up.

Carlson went inside his Clement Avenue home in New Franklin, grabbed his wallet and car keys and put his .357 revolver in his waist band for the one-mile drive to his friend's house to tend to his chickens.

Back outside, Carlson found Beitko arguing with his wife, Sue, about something stupid that happened in the past.

Within the next 10 minutes, Beitko, an Akron police detective, would be shot four times near the chest by Carlson, his brother-in-law.

A review of witness statements obtained by New Franklin police and released by prosecutors shows conflicting accounts of what transpired. And those conflicts are one reason the lead detective says this case may not be closed.

Based on what they learned about the families that night, police felt they had enough evidence to arrest and charge Carlson with murder. Last week, a Summit County grand jury disagreed and refused to indict the pharmaceutical salesman.

The development riled many of Beitko's fellow officers, who wanted Carlson charged with murder or manslaughter.

It also disappointed Beitko's wife, who says she wanted all the evidence presented in a public trial, and not the secret, closed-door session of a grand jury.

= [100.0]The news came as a relief to Carlson, who said the unarmed Beitko left him no choice but to fire. It was also welcomed by Carlson's wife and Beitko's sister, Jenny, who told reporters she was humbled by her husband's life-saving actions.

Carlson's attorney won't let him talk about the night of July 26. But Carlson, 32, gave a detailed account to police just before his arrest that night.

Jacob Carlson's account

Carlson was home with his wife, Jenny, and two daughters while recuperating from a fractured neck suffered swimming in the ocean about a month before.

The Beitkos and their four daughters came for a visit that Wednesday around 2:30 p.m. The families, especially the girls, enjoyed their times together, swimming and playing in the yard. Mike Beitko, 41, and Jacob Carlson were not the best of friends and sources say threats had been made between the two in the past.

Mike Beitko, 6 feet tall and pushing 300 pounds, came to the house with a cooler full of his favorite beer, Budweiser. Jacob Carlson joined in the beer drinking during the day, as well. Guiseppe's pizza would come later.

``We were just hanging out, having fun, a casual kind of thing,'' Carlson told police. ``Mike's a big drinker, and he came with his own cooler. It seemed like as soon he finished one, he grabbed another.''

Around 8 p.m., with the girls toasting marshmallows, Carlson said, Beitko began to get surly with his 37-year-old wife, Sue. It was, Carlson told police, a common mood when Beitko drank. This night in the midst of arguing with his wife, the cop at one point withdrew from the family and sat alone with a beer, puffing a cigarette.

Owned several guns

Carlson's friend was on vacation and he had promised to let the man's chickens out in the morning and back in their coup at night. As the party was winding down, Carlson prepared to leave. He grabbed his gun on the way to start his car and crank on the air conditioning.

Carlson, 6 feet tall and 230 pounds, had an obsession with guns and his conversations about them always annoyed Mike Beitko, according to a statement given to police by Sue Beitko. She said her husband never carried his gun off duty.

Carlson, on the other hand, had recently obtained a permit to carry a gun. He told police he owned six handguns and three or four shotguns in all.

``I carry (a gun) with me regularly, probably more so because of this neck injury,'' Carlson told police. ``I can't really defend myself.... I didn't grab the gun for the situation that happened.''

Argument escalates

Carlson said he was about to leave when Beitko hit Sue with the cooler and their argument escalated. Jenny Carlson, Beitko's sister, took the girls inside, then tried to calm her drunken brother. At one point, Beitko became so enraged, he ripped off his T-shirt.

``He was screaming at (Sue), `You slut, you slut,' '' Jacob Carlson told police. The arguing became physical, Carlson said, and his wife called 911.

With the phone in her hand, Jenny Carlson, 34, followed Beitko as he walked to his van, preparing to leave. She blocked his way, angering him even more.

``Mike grabbed (Jenny Carlson) with his left hand, with a choke hold around her neck,'' Carlson told police. ``That made me very nervous because Mike is an ex-Marine and a cop. He got me in a choke hold once while we were on vacation and he dragged me down three flights of steps like I was a rag doll.''

While Sue Beitko yelled at her husband to free Jenny Carlson, Jacob Carlson drew his weapon.

``I was just very afraid for my wife's safety,'' Carlson told police. ``I had no desire to shoot Mike. I just wanted to get Sue and my wife away from him.''

Everyone agrees Carlson fired a warning shot and urged Beitko to free his wife.

``I yelled very forcefully to Mike to let Jenny go or I was going to fire the next shot into his head,'' Carlson said. ``And then I fired the gun at him.''

It is at this moment that the story told to police by Carlson, his wife, and Sue Beitko begins to stray.

Stories differ

In statements to police, Sue Beitko and Jenny Carlson told police that Beitko had freed his sister from the headlock and made a move toward Jacob Carlson when the shots were fired.

Carlson told police that Beitko still had his wife in the hold with his left arm when he lunged at Carlson with his right arm. Carlson said he fired the four shots into area of Beitko's right chest from about five feet away.

``I aimed as far away from my wife as I could,'' he told police. ``I didn't know if he was going to snap my wife's neck or not.''

After the shooting, Carlson told police, he ran inside his house searching for more bullets, fearing that the fallen Beitko may come after him. He was not sure whether Beitko's service weapon was in his car.

``I don't think I ever shot a living thing and I didn't know the effect it would have, especially with someone in that kind of rage,'' he said.

By the time Carlson returned outside, the first police cars were arriving. Carlson dropped his weapon, got down on his knees and raised his arms. Sue Beitko, an emergency room nurse, tried to revive her husband.

Carlson was asked by police why he didn't wait until they arrived, which was within two minutes of the shooting.

``I couldn't. Not with the rage he was in and the hold he had on her neck,'' he said.

In her statement to police, Jenny Carlson said Beitko released her before the warning shot was fired.

``Mike let go of me and then went toward Jake. Jake fired one shot, down I think, telling Mike to stop. Jake shot him. Mike fell,'' she wrote in her statement.

Charged with murder

Hours after the shooting, New Franklin police Sgt. Mike Korach and legal adviser David Fish talked and agreed to charge Carlson with murder.

The case was presented to a grand jury by Summit County prosecutors over several days this month. Sue Beitko and Jenny Carlson testified before the panel, as did Korach. Sources say jurors also viewed Jacob Carlson's statement to police.

The panel refused to indict. Prosecutors say they simply provided the facts and let the panel decide the case.

Fish said he considered many factors before deciding to charge Carlson, including Carlson's reason for having a gun, his state of mind and admissions of drinking, and his available options, knowing the police were on their way.

He also considered that Beitko released Jenny Carlson, but was shot anyway.

Fish said he believes the case should have gone to trial, where all the facts could be presented.

``There were facts that had to be considered and were considered before we decided to charge him,'' he said. ``And frankly, if a jury had acquitted him after all the facts were fully flushed out, then I'd probably feel more comfortable with the way this case ended.''

Korach said Thursday that despite the grand jury's decision not to indict, the case is not closed.

``Obviously, we have a difference of opinion about the statements. It's not that I don't want to comment, but until we close it, it's not appropriate to say anything,'' Korach.

Akron police union chief Paul Hlynsky believes prosecutors shied away from the case in fear of public criticism. He said that if they wanted an indictment, prosecutors could have gotten one.

``For everybody to shrug their shoulders and not contemplate other charges is completely unacceptable,'' Hlynsky said.

Police disagreements

The case divided the police department, with disputes over whether to lower the station's flag to half-staff and how to handle Beitko's funeral. Beitko had a history of departmental violations, and many officers were aware of his propensity for violence when he drank.

In addition, the police union this month voted overwhelmingly to fire James Burdon as its attorney after more than 25 years. Burdon represented Jacob Carlson after his arrest.

Sue Beitko has declined to speak publicly about the shooting, preferring to focus her attention on her four daughters, ages 7, 6, 4 and 3.

Her attorney, Brian Pierce of Akron, said she was ``saddened and disappointed,'' believing a public trial was warranted.

``She's saddened that the grand jury prevented this case from coming through the judicial system,'' Pierce said. ``She feels the case should have been presented to a judge or jury so that all the evidence can be evaluated. She doesn't think that justice was done by allowing a secret grand jury to hear limited evidence.''


--------------------------------------------------------------------------------
Phil Trexler can be reached at 330-996-3717 or [email protected].
 
I am disgusted by: The Akron PD, the local PD, and the prosecutor. All of them howling about wanting "justice," so the question gets put before an impartial grand jury, which tells them to go pound sand, and suddenly they decide that there's something wrong with the grand jury system and "the case is not closed."

Vermin, is what they are. Vermin need to be eradicated. Staring with the respective chiefs of both departments, and the spineless prosecutor who didn't have guts enough to drop the chanrges himself, then filed for "murder" when manslaughter would have been the appropriate charge, then faults the grand jury for doing what grand juries are supposed to do. Spineless wimp!
 
I'm glad that he wasn't charged, but it looks like his fight is just starting. Sick, SICK people in that neck of the woods!:cuss:

EDIT - comments posted! Please take a moment to follow the link Momma-mia provided and add yours!
 
Death sentence for DUI.

Just read the new article and remember the 911 calls. They had them on a website here. Jenny Carlson is being strangled by Beitko...but she is talking on the phone the whole time and never even mentions it. You can hear the shots on tape. How in the hell do you talk on the phone when someone is strangling you? I've dealt with obnoxious drunks before...Why didn't they just let him leave? I mean he was trying to get in his car... the cops were on the way...Why not just let him go?
 
Zargon, methinks you need to read the story again, the person calling the police was NOT the person being strangled at the time. Carlson's wife was on the phone while Beitko's wife was being strangled.
 
One more thing...

Wow, Momma _Mia, talk about issues. What is wrong with setting up a fund for his widow and four little girls? What did they do wrong? We have a fund at work here for the wife of a guy who just died of a heart attack? I don't see anything wrong with that.

Also I heard that Carlson tried to get on the Akron Police few years ago but failed the background check for psych reasons. Anybody else heard this?
 
Nope, had it right...

Nineseven,
the person who called 911 was Jenny Carlson.

from the above article:

``I yelled very forcefully to Mike to let Jenny go or I was going to fire the next shot into his head,'' Carlson said. ``And then I fired the gun at him.''

So he shoots Beitko for strangling Jenny, But Jenny is talking on the phone the whole time to the cops and never says anything about it. You can even hear the shots fired that kill Beitko.
 
Just read the new article and remember the 911 calls. They had them on a website here. Jenny Carlson is being strangled by Beitko...but she is talking on the phone the whole time and never even mentions it. You can hear the shots on tape. How in the hell do you talk on the phone when someone is strangling you? I've dealt with obnoxious drunks before...Why didn't they just let him leave? I mean he was trying to get in his car... the cops were on the way...Why not just let him go?

Nineseven,
the person who called 911 was Jenny Carlson.

from the above article:

``I yelled very forcefully to Mike to let Jenny go or I was going to fire the next shot into his head,'' Carlson said. ``And then I fired the gun at him.''

So he shoots Beitko for strangling Jenny, But Jenny is talking on the phone the whole time to the cops and never says anything about it. You can even hear the shots fired that kill Beitko.



From the original news report:

NEW FRANKLIN - An off-duty Akron police detective was fatally shot by his brother-in-law at a family gathering Wednesday night after the detective apparently ignited the violence by hitting his wife and attempting to choke her, according to tape recordings of the 911 calls.

The 911 calls were made to the New Franklin Police Department shortly before 9:30 p.m. by the detective's sister, Jenny Carlson, who initially told the dispatcher: ``My brother is very drunk and hitting his wife.''

Shouting was heard in the background, and after a minute or so, according to the tape, Carlson told the dispatcher: ``Someone needs to come and get him because he is too drunk.''

She then informed the dispatcher that her brother had his wife ``in a headlock'' and that she apparently was having trouble breathing.

From the 911 Call, made by Jenny Carlson, Michael Beitko's Sister, had his wife (Susan Beitko) in a choke-hold and had been beating her when Jenny made the 911 call. We know this based on the information in the 911 recording. A little over halfway into the call, the dispatcher asks if Beitko still had his wife in a choke hold and Jenny said that she could not see...moments later, Jenny says "he's going after her" indicating that, at that specific point, Beitko no longer had his wife in the initial choke hold/s that prompted the 911 call.

In the last 1/5th or so of the call, you can hear Michael Beitko yelling, "I'm taking my kids home, get out of my way" and Jenny says, "now he's gonna come after me". You the hear Jenny trying to say a few things, but being interrupted, some physical struggle (as evidenced by the sounds coming through the phone and a numerical button being pushed). We don't hear from Jenny again at that point, but we do hear Mr. Carlson say "...let go of her or I'll kill you."

At this point, it is evidently obvious if you listen that Beitko had released his hold on his wife, Susan, had stopped beating her and was in close physical proximity of Jenny while she was on the phone with the 911 dispatcher...then it is also evident that someone is struggling with Jenny as she is holding the phone (which was in fact, Michael Beitko, who was choking Jenny at this point) according to the news accounts and witness statements.

So again, I go back to my original response to you:

You said,
Jenny Carlson is being strangled by Beitko...but she is talking on the phone the whole time and never even mentions it. You can hear the shots on tape. How in the hell do you talk on the phone when someone is strangling you?

I responded that
the person calling the police was NOT the person being strangled at the time. Carlson's wife was on the phone while Beitko's wife was being strangled.

When Jenny says Michael is strangling his wife, he is obviously not strangling Jenny. Jenny, was not, as you indicate in your erroneous post, being strangled the whole time that she was talking to the 911 dispatcher, the assault had not yet be committed against her. When Beitko assaults Jenny, she is no longer talking to the dispatcher, she is trying to talk in the beginning, then she is screaming while the assault on her is taking place.

Jenny was talking while Susan was being beaten/strangled. Jenny was NOT talking while Jenny was being strangled/assaulted. I reiterate, the person calling the police was NOT the person being strangled at the time.

The news article from Momma_Mia only references the assault when it begins on Jenny Carlson, this is after the Call is made to the 911 Dispatch and after Jenny's conversation with the 911 operator. So again, I reiterate, methinks you need to go back and read the whole story to get a better idea of what happened because right now you're only playing with half the deck and a hand of cards I don't think you understand.

As to
I've dealt with obnoxious drunks before...Why didn't they just let him leave? I mean he was trying to get in his car... the cops were on the way...Why not just let him go?

Because he was intoxicated, and trying to leave with his children (you can hear him yelling "I'm taking my kids home during the 911 tape). A morally responsible person would not allow someone to drive drunk while agitated while they have children with them. It's not as simple as you'd like it to be.


Also I heard that Carlson tried to get on the Akron Police few years ago but failed the background check for psych reasons. Anybody else heard this?

Hmm, I heard that Beitko beat his wife, suspects, had DUI's and drunked incidents and the Akron PD knew about it and still employed him as an officer of the law and even failed to arrest him for his crimes. Anyone heard that?
 
Wow, that was hostile. I have some questions about the case. This new article raises some questions to me.

At this point, it is evidently obvious if you listen that Beitko had released his hold on his wife, Susan, had stopped beating her and was in close physical proximity of Jenny while she was on the phone with the 911 dispatcher...then it is also evident that someone is struggling with Jenny as she is holding the phone (which was in fact, Michael Beitko, who was choking Jenny at this point) according to the news accounts and witness statements.

I heard that too, and the phone disconnects. The only problem is that it happens after you hear gunshots in the background...

Jenny is talking on the phone, you hear shots, then you hear the phone bouncing around and disconnect.

Also the children were in the house during the shooting. Carlson says Beitko was attacking Jenny. Jenny says he had attacked her and was attacking Carlson. Beitko's wife refused to tell the press anything so we don't know what she said (that's disturbing).

So we have the Carlson's statement and Carlson's wife's statement that are different. Then you have the 911 call that differs from both. Throw in the fact that Carlson had been drinking all day with Beitko, and I've got problems with the whole thing.

I still don't see why Carlson and his wife just didn't go inside the house where the kids were and lock the door.

I'm sorry your so hostile about the whole thing. But I don't think a drunk shooting another drunk makes anyone some kind of hero. And I think the last article raises a lot of questions about really what happened out there.
 
And I think the last article raises a lot of questions about really what happened out there.

What questions?

According to the eyewitness accounts as presented in the stories there is only one meaningful difference in the witnesses reports. Whether or not Beitko had released Jenny before he went after Carlson himself. That's it, no disagreement over anything prior to the actual moment of the shooting itself (including the beating and choking of Sue and the attack on Jenny) .

Everyone agrees Carlson fired a warning shot and urged Beitko to free his wife.

``I yelled very forcefully to Mike to let Jenny go or I was going to fire the next shot into his head,'' Carlson said. ``And then I fired the gun at him.''

It is at this moment that the story told to police by Carlson, his wife, and Sue Beitko begins to stray.

Stories differ

In statements to police, Sue Beitko and Jenny Carlson told police that Beitko had freed his sister from the headlock and made a move toward Jacob Carlson when the shots were fired.

Carlson told police that Beitko still had his wife in the hold with his left arm when he lunged at Carlson with his right arm. Carlson said he fired the four shots into area of Beitko's right chest from about five feet away.

There isn't even any controversy among the witnesses, including the wife of the victim, that Jenny was being choked and Beitko was going after Carlson. The cops don't disagree with the described chain of witnessed events either.

This being the case, where, exactly, are you getting your "questions" from?
 
Well....

There isn't even any controversy among the witnesses, including the wife of the victim, that Jenny was being choked and Beitko was going after Carlson. The cops don't disagree with the described chain of witnessed events either. Where exactly are you getting your "questions" from?

Beitko's wife never made a statement to the paper. Her attorney did and it didn't involve the actual shooting. Where did the paper get her statement and what was it exactly?
The "witnesses" are the shooter and the shooter's wife.
You hear the shots that kill Beitko on the 911 call, but never hear him choking Jenny
Jenny said he just choked me and was attacking Carlson when Carlson shot him.
Carlson said, He was choking Jenny, so he shot him.
You hear Beitko say "Put that thing down" in the distance right before he's shot.
If Carlson's statement is true, Beitko is struggling with Jenny, choking her when he shoots him multiple times. I doubt I would shoot someone multiple times in succession while they were that close to my wife (unless I was trying to get rid of her too.)
When police arrive, Beitko's dead, and Carlson is in the house getting ammo so he can shoot Beitko some more (doesn't that sound really weird???)
The New Franklin Police had issues with somebody's statement. They charged Carlson with Murder, not Manslaughter.
Carlson had been drinking with Beitko all day.
The kids are in the house and Beitko is trying to leave. Jenny is blocking him keeping him from the car. Why not let him leave?
When Beitko releases his wife and heads for the car, Why not take Jenny and Beitko's wife, go inside and lock the door? That's probably what I would have done.
What were the issues that Carlson and Beitko had between previous to this them that they didn't like each other?
Why was this newspaper article so much different than the others?
There just seems so many options available that a sane person could have taken.
Our neighbor was out in the street threatening his ex with a baseball bat. She went in the house. I called the police and he was arrested. I guess I could have picked him off with my Winchester .30-.30 or walked up and capped him with my 9mm Glock, but somehow, that didn't occur to me. Why was it Carlson's first choice?
What is Carlson's psych history?

You can think whatever you like about him, but I certainly wouldn't drink with him.
 
I heard that too, and the phone disconnects. The only problem is that it happens after you hear gunshots in the background...

Jenny is talking on the phone, you hear shots, then you hear the phone bouncing around and disconnect.

The struggle, and Jenny’s being unable to communicate happen well before the shots are fired. The phone was still in her hands while the struggle and subsequent choking were taking place (as evidenced by the sounds coming through the phone). What are you listening to the call on? Perhaps you’re not hearing the details. Try a good set of headphones with the volume turned up and the bass cut a bit. I’m listening to it on a pair of JBL studio reference monitors. I’ve done some studio engineer work and I’ve also been a quality auditor for phone system recordings (like dispatch or call centers), in y once professional opinion, there are definite sounds indicating a struggle between the person on the phone and another party. We know from witness and news accounts that there was a struggle between Beitko and Jenny Carlson, this is obviously that struggle.

Timeline
2:06: Beitko – I’m taking my kids home-(dispatcher talks over Beitko)
2:08: Dispatcher- Has this* happened before that you know of?
*Jenny Carlson talks over the dispatcher@ 2:09
2:09: Jenny Carlson- You’re not taking your kids anywhere
2:10: Michael Beitko- *You (unintelligible) get out of my way
2:12: Jenny Carlson- And now he’s gonna come after *me
*Beitko talks over jenny Carlson
2:12: Beitko: Get outta my way **
** Beitko’s voice presence increases during this phrase, indicating either a louder volume or closer proximity to the telephone
2:13: Jenny Carlson: (gasp/air expulsion) F_ _ K me!
2:14: Second Female Voice-Presumably Susan Beitko: (unintelligible)
-sounds of a struggle are heard
2:17: Jenny Carlson: He’s getting- (speech ends abruptly)
2:19: *button is pushed on the phone, sounds indicating a struggle are still being heard
2:20: Jenny Carlson: Sound if muffled here, indicating that something is likely over her mouth: I’m (garbled) –more struggle is heard

Michael Beitko continues to say “get out of my way”

2:25: Mr. Carlson: Let go of her neck Beitko or I’ll kill you*
*at the same time the dispatcher radios the officer/s en-route “it’s getting really escalated-
2:27: Gun shot/s You hear a female cry out “oh my god” and another female scream.

Notice, that it was more than 15 seconds from the time when the altercation between Jenny Carlson and Michael Beitko took place. Jenny had been on the phone and not in physical contact with Beitko for the entire 2:12 preceding that altercation, she was on the phone indicating that Susan Beitko was being beaten and choked by Michael Beitko.



Also the children were in the house during the shooting. Carlson says Beitko was attacking Jenny. Jenny says he had attacked her and was attacking Carlson. Beitko's wife refused to tell the press anything so we don't know what she said (that's disturbing).

Beitko was attacking Jenny. The only question was whether or not the altercation broke before the first shot. Since Jenny says that Beitko was starting towards Mr. Carlson, and Mr. Carlson says that Beitko had Jenny in a choke hold, there are two things not in dispute between these two statements:

One: That Beitko, at some point was attacking Jenny Carlson and using a choke hold on her.

Two: That Mr. Carlson fired on Beitko. Now, either Carlson fired on Beitko while Jenny Carlson’s life was in danger from the choke hold (legal defense would be ‘defense of others’) or, as Jenny indicated, Mr. Carlson fired at Beitko as he was coming at him (legal defense would be ‘defense of self’ or self-defense). In either of those scenarios, self-defense could be justified.



So we have the Carlson's statement and Carlson's wife's statement that are different. Then you have the 911 call that differs from both. Throw in the fact that Carlson had been drinking all day with Beitko, and I've got problems with the whole thing.

According to my piece-by-piece breakdown, the 911 call is congruent with either statement because you can definitely here indications of the assault on Jenny Carlson and corroborating speech from Mr. Carlson (“let go of her neck Beitko”), so again, the only thing in dispute in this specific aspect of the incident is whether or not Beitko had let Jenny go before the shots were fired. If he did, it was less than 2 seconds before the sots were fired. Mr. Carlson gives the command “let go of her neck Beitko or I’ll kill you” at 2:25, shots fired at 2:27.

The fact that either were drinking is problematic, but it doesn’t throw out the baby with the bathwater. Regardless of Carlson’s condition at the time, we have evidence in the 911 tape that Beitko was assaulting Jenny Carlson just prior to the shooting. In the reasonable man standard, it would be very easy to show this as justified regardless of the drinking. What was Carlson’s BAC at the time of the shooting? Do we know? It doesn’t matter if he was drinking all day or not, only his BAC matters if we want to truly look at this objectively. If we do not have that information, either the responding officers did not see cause to have the BAC checked or they screwed up. So be it. If they do have it, I missed the copy of the report being posted.


I still don't see why Carlson and his wife just didn't go inside the house where the kids were and lock the door.

I don’t see why Beitko didn’t refrain from assaulting 2 females and getting himself killed. You can Monday-morning quarterback this till the cows come home, it doesn’t matter. All that matters is what did in fact happen, and if you look at the timeline of events as evidenced by the 911 tape, the events are pretty clear.


I'm sorry your so hostile about the whole thing.


Nothing hostile about it, but if you’re gonna make an argument, get your facts straight first. You’re impeaching someone based on things you heard (unsubstantiated at this point as nothing has been offered yet to corroborate the claims) and ignoring the actual facts of the case and the evidence of the 911 tape completely…I find no need to be painfully polite towards an argument that can’t be bothered to adhere to the facts of the matter at hand.
 
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You hear the shots that kill Beitko on the 911 call, but never hear him choking Jenny

Yes you do, well, maybe you don’t, but it’s there, clear as daylight. Try some volume, some better software to playback the audio or some better hardware and an equalizer to tune out the garbage (as I did, and I didn’t even have to do that, but just for accuracy’s sake, I did).

Jenny said he just choked me and was attacking Carlson when Carlson shot him.
Carlson said, He was choking Jenny, so he shot him.

Given that it was about 2 seconds from Mr. Carlson’s command to release Jenny from the choke hold to the first shot, both could be accurate from the perspective of each party during the events as they transpired. Have you ever been in a shooting or a high-stress incident with others? Well, if you have, then you do know that the mind tends to lose track of snippets of time (in extreme cases, it can be many full seconds or longer). This is very possible and not surprising given the circumstances.

When police arrive, Beitko's dead, and Carlson is in the house getting ammo so he can shoot Beitko some more (doesn't that sound really weird???)

Substantiate this claim as to Carlson’s motive? That’s an unsubstantiated inflammatory accusation with no basis to be made, not exactly what one would expect from an unbiased party.


The New Franklin Police had issues with somebody's statement. They charged Carlson with Murder, not Manslaughter.

That’s correct. It could be many things, including the fact that the shooter was drinking, his words “I’ll kill you” or any number of things, it could also have been because Beitko was a cop that had been protected by the PD’s thin blue line during his multiple assaults on others (felonies) and his drinking issue and DUI and the PD was simply acting on behalf of their own.
 
Carebear has the right question laid out :

According to the eyewitness accounts as presented in the stories there is only one meaningful difference in the witnesses reports. Whether or not Beitko had released Jenny before he went after Carlson himself. That's it, no disagreement over anything prior to the actual moment of the shooting itself (including the beating and choking of Sue and the attack on Jenny).

First, so far this looks to me like a clean shoot, or at a minimum has so much "reasonable doubt" going on that he shouldn't be indicted.

The difference in witness statements can be explained by point of view issues.

It seems possible to me that the assailant doing the strangling "eased up" to some unknown degree at the sight of the gun (or the sound of the warning shot) but this relaxing of pressure wasn't immediately visible/detectable to the shooter. In that case the lady being strangled might well report "he let go of me before being shot" and not be lying. This might also have been visible to the other lady present, but not the shooter.

There is also a ton of evidence available that the strangler had previously assaulted his wife. If that's the case and they were still together, in my opinion that woman's testimony is largely worthless. She is in the habit of excusing inexcusable behavior on her husband's part and has been for years...that's how domestic violence works.

It also explains why she's pissed off at the shooter.

Finally, it seems likely the shooter with the previously fractured neck might have had reason to fear a known strangler(!) coming at him, and this affected his decision to shoot. It sure would if it were me! This isn't inconsistent with the strangler continuing to have at least one hand on the lady's throat area, this is one BIG dude involved.
 
First, Zargon, I don't have any problems with the Police starting a widow's and children fund. No matter what, their primary wage earner is gone.

Still, as others have said, the testimonies available differ substantially only for about a two second period. As March said, this difference could be as simple as a matter of perspective. The thing is, Carlson's claim of self defense is legitimate in either case. The assaulter, fresh from choking/assaulting two women then comes after him. Whether he still has the shooter's wife in his grip is secondary for the claim of self defense.

What we DO have a problem with is the Akron Police Force using their authority to press for murder/manslaughter charges because it was one of their own killed. How many here think that charges would have been pressed if Beitko hadn't been a cop? And what was he doing still as a cop with a history of spouse abuse(I thought that even a misdemeaner would DQ him from carrying a gun anymore?), as well as a history of departmental violations.

This is one of the reasons we have grand juries in the first place. Otherwise the Akron Police Dept. and Prosecuter's office could have spent millions trying to convict this man, when they couldn't even get a grand jury to decide that it needed a closer look. It's easy to get a GJ to send it up to trial, all it takes is a reasonable suspicion that the guy's guilty. The prosecuter couldn't even make this standard, and they expect to be able to make 'beyond reasonable doubt'? Because if they can't, how can they justify wasting the taxpayer's money sending it to trial?

No, what it sounded like was that they wan't to punish Carlson the only way they could - Force him to spend the thousands of dollars on lawyers for a trial.

Now here's a question: Can the prosecuters take it to another grand jury? I remember hearing for something on capital hill it taking four grand juries to get a trial against some senator.
 
Carlson was asked by police why he didn't wait until they arrived, which was within two minutes of the shooting.
This is the best-est part of the story.:D Where do I get my super-secret police issue response time crystal ball? I'm gonna make sure my wife knows how to tuck her chin to keep from getting a choke locked in on her. Apparently, after getting my police response crystal ball, or PRCB "tm" she's gotta hold out till they get there.:scrutiny:

Rescuers say to downed pilot: "Why did you go to all the trouble to make a fire and build a shelter? You could have waited until we arrived which (checks watch) was within 2 hours of your crash.":neener:
 
Jake Carlson couldn't be a police officer with City of Akron because he doesn't live within city limits. Where are you getting the info about him being turned down for psych reasons? He also is a pharmaceutical rep which is quite a different career choice than a cop.
If you are interested in helping with legal fees you can send them money. He could be reindicted for manslaughter or some other charge.
Jake Carlson
87 Clement Ave
Akron, OH 44319
If you want to verify this, it's on ohio.com in the initial articles. Please don't slam Mike if you are writing to them. This is a very close family. They don't want to remember him as being a bad guy.
You can see videos at http://www.newsnet5.com/video/9691134/detail.html and http://www.wkyc.com/video/player.aspx?aid=25909&bw=
 
http://www.ohio.com/mld/ohio/news/15404783.htm

Shooter of cop may yet face trial
New Franklin police say if new evidence appears, cleared man is at risk
By Ed Meyer
Beacon Journal staff writer
NEW FRANKLIN - New charges could be filed against a New Franklin man who shot and killed an off-duty Akron police detective last month during a family quarrel.

Jacob A. Carlson, 32, spent nearly a week in jail after being charged with murder in the July 26 shooting. But that charge was dismissed when a Summit County grand jury declined earlier this month to indict him.

The possibility of new charges emerged after the Akron Beacon Journal made a public records request for the entire police investigative file, which authorities have refused to release.

Thomas Musarra, a lawyer serving as legal adviser for the New Franklin Police Department, said he reviewed the Aug. 23 request and was not releasing the file because the investigation was ``not over yet.''

Musarra said he made the decision after conferring with the lead investigator, New Franklin detective Sgt. Mike Korach.

Assistant Summit County Prosecutor Mary Ann Kovach, chief of the criminal division, said although the grand jury declined to indict Carlson on a murder charge, the case could be ``re-presented'' to the grand jury if investigators find additional evidence.

``We always keep an open mind. If something more came to light, we would take another look at it,'' Kovach said.

According to tapes of the 911 calls from the Carlson family home in New Franklin, the shooting occurred after off-duty detective Michael S. Beitko, 41, attacked his wife and Carlson's wife as Beitko was attempting to leave the party.

The calls were made by Jenny Carlson, Beitko's sister, who told the police radio dispatcher that Beitko was ``very drunk and hitting his wife.''

Moments before the shooting, Beitko grabbed Jenny Carlson as he was trying to leave, pushed her away and put her in a hold, according to her written statement to police.

That statement was released by the prosecutor's office after the grand jury declined to indict Jacob Carlson.

Theoretically, University of Akron law professor J. Dean Carro said, a grand jury could reconsider a murder charge, ``but there would have to be additional evidence, because what you could then turn around and say is: `This is harassment. I'm being constantly threatened with indictment on the same piece of evidence before multiple grand juries.''

Carro, also president-elect of the Akron Bar Association, said the constitutional prohibition of double jeopardy applies only to a jury trial, once jurors are sworn in and impaneled, or a trial by a judge, once the first witness is sworn in and begins to testify.

James L. Burdon, the Carlson family's lawyer, called the continuing investigation ``mental gymnastics'' by the New Franklin police.

``It's hard for me to imagine that there's any conceivable charge that could arise that has not already been considered and dismissed by the grand jury. And they (the police) know it,'' Burdon said.

According to Akron police and Summit County court records, Beitko was suspended at least three times in his 14-year police career for incidents involving violence or alcohol. He was disciplined by the department after a 1993 DUI conviction, in addition to a violent incident with a handcuffed suspect as well as another incident involving his wife
 
best defense is a hard offense

Maybe a suit against the dept that kept the dead cop on the job after the series of incidents might be a good plan. And if they keep harrasing him a civil rights acgtion against the franklin police and da.
 
The psychotic cowardice of law enforcement sickens me.

I don't think it's cowardice... just an indoctrination they get since day one... to always protect their 'brothers'.

I can't stand for one side or the other on the shooting. Too close to call.. too much evidence via the phone calls to swing either way in my opinion. Too many people drinking, too many people with guns... not a good situation by any stretch.

I just wish thy dude would have been dealt with from the first instance of his domestic abuse. Maybe this all could have been stopped. Just the fact that most police departments have to have "internal affairs" departments lends support to the fact that they won't police their own. If there was any sort of code of conduct you wouldn't need another department checking your back to make sure.

Frankly, I'm surprised the serf isn't in jail yet... in my own warped opinion, I think they'll be digging for something up until the statute of limitations runs out on this one... if it ever does. Not often you can shoot one of the government minions and get away with it... justified or not.
 
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