Deputy charged with murder

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RNB65

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Deputy <NOT> charged with murder

I didn't see a new thread on this. I'm suprised this hasn't been discussed already. A bad shoot top to bottom.


http://www.newsobserver.com/1419/story/520325.html

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Deputy indicted on murder charge
By Matthew Eisley and Mandy Locke, Staff Writer

A New Hanover County sheriff's deputy believed to have fatally shot college student Peyton Strickland in a Dec. 1 raid at his Wilmington home has been charged with murder.

A New Hanover County grand jury indicted Christopher Long, 34, on a second-degree murder charge Monday, New Hanover County District Attorney Ben David announced shortly after 4 p.m.

David would not discuss the findings of a State Bureau of Investigation report on the fatal shooting, except to say that it cleared two other deputies of wrongdoing.

David and New Hanover Sheriff Sid Causey refused to answer any questions about the investigation or the charge against Long, a 10-year veteran of the Sheriff's Office whom Causey fired Friday. The two other deputies remain on paid leave.

During Long's first court appearance, David told a judge that Long overreacted and fired through the closed front door of Strickland's home when he and the rest of the sheriff's paramilitary team raided it.

After deputies banged on the door and announced their presence, David said, Strickland came toward the door. He then stepped back into the living room. He and the deputies could see each other through small windows in the door.

One deputy then began striking the door with a battering ram, David told the judge.

Long, who stood behind the deputy with the battering ram, later said he mistakenly thought he heard gunfire, David said. But the sound was only the battering ram, which no other deputies on the team mistook for gunfire.

Long then fired three shots through the closed door, hitting Strickland in the head and in the chest near the right shoulder, David said. The head shot, which passed through Strickland's skull, killed him.

When the deputies forced the door open and Strickland's German shepherd Blaze lunged toward them, Long and two other deputies shot and killed the dog, David said.

Only Long shot Strickland, and only he later said he thought the deputies were under attack, David said.

Long's assessment of the threat "was not objectively believable and the use of force not justified," David told the judge.

David said Long displayed a "recklessness" in making "intentional use of deadly weapon."

Strickland, 18, was dead in the foyer of his Wilmington rental house as campus police from the University of North Carolina at Wilmington and sheriff's deputies arrived to search for a stolen PlayStation 3 video console. The officers sought to arrest Strickland and two friends on charges of robbery and assault, stemming from an incident in which they were suspected of stealing two PlayStation units from a UNC-W student.

One of the suspects in the robbery of the game console had been pictured with what appeared to be assault weapons, leading authorities to consider the Dec. 1 arrest effort "high risk."

Also charged with felony robbery and assault charges in connection with the video game theft are two of Strickland's friends: Ryan David Mills, 20, a Durham native; and Braden Riley, 21, an Apex native and one of Strickland's housemates.

When Mills arrived at Strickland's home soon after the raid, police found a ski mask and a loaded shotgun in his red 1996 Toyota Celica GT, Chief David Donaldson of the UNC-W police department said Monday.

Donaldson, 35, said he didn't know why Mills had the mask. He would not say who owned the 12-gauge, pump-action, pistol-grip shotgun.

Donaldson said he asked the sheriff's Emergency Response Team to help carry out the raid on Strickland's and Riley's home for several reasons.

"The original crime was a violent offense," he said Monday. "We had information from a web site that there were weapons inside the residence. Mr. Strickland was involved in a series of violent assaults. And Mr. Riley was known to always carry a pistol."

Donaldson would not explain why his officers didn't wait instead for Strickland to emerge from his home, and then arrest him peacefully.

"I'm not going to entertain any speculative questions or what-ifs," he said. "There are a lot of questions still unanswered at this point."
 
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You know what this sounds like to me?

It's an old-fashioned term, but I think it fits.

"Cowardice".

If you give a coward deadly force and put him in this position, he will fear for his life and shoot faster than anybody else. In this case, apparantly (IF the story above is true!) faster than a "reasonable man" would be in such fear.
 
one word: GOOD.

If you are one of the many good LEOs, then my hat is off to you. There needs to be accountability for the bad ones, and accountability for SWAT teams.

Long, who stood behind the deputy with the battering ram, later said he mistakenly thought he heard gunfire, David said. But the sound was only the battering ram, which no other deputies on the team mistook for gunfire.

some tactics.
 
Unfortunate situation all around. Though this officer is being held accountable, the policy that put him there should be blamed. The use of SWAT should not be used lightly or routinely as it has been.
I believe that deadly force should only be used against an acctual threat, and not against a "suspected" threat. It should be a last resort and not a first response.
I am not against the cops, but I am opposed to this policy. It often is bad for everyone.
 
Well...I'm not so sure I'd criticize the use of SWAT.

They WERE dealing with an armed robber vs. a drug dealer. The latter MIGHT be armed, the former sure as heck was.

I also think the basic purpose of the use of SWAT was better in this case: this wasn't about making sure a baggie of pot isn't flushed down the crapper, it was about using overwhelming force to prevent violence.

No, I see this more as a case of one twit who at least so far (based on the indictment) is being dealt with severely. Good.

I don't see this as the sort of "department in crisis" that is being revealed in Atlanta.
 
So much for everyone speculating if he was shot under the premise that he had a possible gun (aka the controller) in his hand. That tidbit was everywhere in media outlets a week earlier but that suggestion doesn't even crop up this time.
 
Jim March
"Well...I'm not so sure I'd criticize the use of SWAT.

They WERE dealing with an armed robber vs. a drug dealer. The latter MIGHT be armed, the former sure as heck was."

He was suspected.
There were 2 armed robbers, armed with a blunt instrument.
There were 3 suspects, 1 of which was seen in pictures(Mills) with guns.
Mills did not live at that address.

It may be that the robbery was done by Strickland, or maybe not. It may have been his two friends. Strickland was unarmed. This Warrent could have been served, without SWAT. Then he goes to trial to see IF there is any evidence against him.
SWAT is overused. It should be a response to a REAL threat, not a suspected threat, and not as a first response.
SWAT has a place, This just is not it.
 
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Well, as I've said about a bazillion times, it's no good speculating until the facts come out. I wasted many a keystroke based upon the intimation given in earlier articles that the guy had the game controller in his hand and that it might have been mistaken for a weapon. So, now, he fired through the door?

Hmm.

IF this turns out to be justified, it will be an interesting series of events. I'll just leave it at that.

Regardless, it just goes to show how one missing fact can put everything in a whole new light. And we have about a thousand missing facts to go.

Mike
 
"The original crime was a violent offense," he said Monday. "We had information from a web site that there were weapons inside the residence. Mr. Strickland was involved in a series of violent assaults. And Mr. Riley was known to always carry a pistol."

Since when was information from a web site grounds to base a tactical decision on need for force against a specific person. We ALL know not to believe anything we read on the internet unless it can be independently verified.

And just how was it known that Mr. Riley "always carried a pistol". Sounds like the justification for the use of the tactical SWAT team is a little on the
thin side. Maybe even anorexic. Again, what independent evidence exists to support this statement.

No offense to the average officer but I treat statements made to the press by LEO spokespersons the same way I view most other statements in said vein. I will not believe them unless verified. The necessities of political hardball make coverups a routine activity. If you get caught lying just say it was an error, an "honest mistake" not an attempt to mislead. If the lie goes undiscovered, well no harm no foul. Unless you are the victim of the poor judgement and cover up. The truth has become a flexible tool to be manipulated by shysters, politicians and lackeys to try and justify any action that occurs to save money, face, career. Few and rare are the public servants who will tell the truth no matter how ugly it is for the truths sake.

It would seem that arresting this person was a reasonable thing to do. The level of force applied to make that arrest lent itself to the increased chance of a tragic outcome. More and more we read about these tactical team arrests going bad with tragic outcomes.
 
The MySpace flaunted gun (airsoft or not) and "I'm cool, go armed" braggadacio is apparently being used to justify folks as a threat. (since it seems that's what the idiot yahoos are doing now)

Can't say I blame the police, at least they're doing some research.

I still think following people and grabbing them with their hands full, walking to their car in the morning, is a better option than forcing a door against a potentially armed opponant.
 
The MySpace flaunted gun (airsoft or not) and "I'm cool, go armed" braggadacio is apparently being used to justify folks as a threat. (since it seems that's what the idiot yahoos are doing now)

Can't say I blame the police, at least they're doing some research.

How many of us also have posted pics of our guns? Don't pretend it was because of his attitude with them, or try to separate his postings from yours. They made no mention of that. It was simply the knowledge that he had access to these weapons that was the deciding factor to use the team.
On the other hand, I can't say I really blame them for that choice either... it seems reasonable enough to have resources on hand that matches the firepower of the suspect. But the actual way it was used is inappropriate. And as I'd posted in the other thread multiple times, it was not certain he had a video game controller with him either. That wasn't a certainty, although some people were debating as though it were such.
 
How many of us also have posted pics of our guns? Don't pretend it was because of his attitude with them, or try to separate his postings from yours. They made no mention of that. It was simply the knowledge that he had access to these weapons that was the deciding factor to use the team.

Oh I wasn't saying they couldn't look at THR as easily as they look at MySpace. Just that they were looking at all.
 
Even if Deputy Long did believe he was under fire, is it standard police procedure to fire blindly through an object? Does police procedure call for an LEO to verify their target and what's behind it?
 
Sounds to me like yet just another un-necessary death in the State obsession with home invasions. If they actually had enough evidence - enough for a search warrant - that Strickland was an actual suspect in a robbery and assault; why did they not assign a few deputies in plain clothes to quietly scoop him and the others as applicable up outsde his home. Then search it?

If they really thought Strickland, and or one of his cohorts had some kind of longarms and might use them - the dumbest idea in the world would be to try and bust down his front door and barge in with him and possible others inside.

----------------------------------

http://ussliberty.org
http://ssunitedstates.org
 
Send in the SRT for Theft/Receiving Stolen Property?:what: :confused:

So the defendant is a college student? Why not arrest him in class when he isn't at home with all of his airsoft "assault weapons"?:confused:

I'm confused but knowing the media as I do, something is almost certainly being misreported.
 
Use of SWAT type team aside, this guy should be charged. He'll probably plea down to manslaughter or maybe criminally negligent homicide or something like that. 2nd degree murder is kind of a stretch if the facts are correct.

Maybe the officer can state why he thought it was a gunshot, but that won't absolve him of all responsibility, since a reasonable person would not have come to that conclusion.

Aside: I wonder if they did a tox screen on the shooter....
 
Does police procedure call for an LEO to verify their target and what's behind it?

In theory - maybe.

In practice - no. I base this statement on the large percentage of incidents where police shoot at moving cars, through doors, in crowds, in homes, etc. All places where they cannot possible know where an errant shot might go.
 
I am pleased at least one sheriff takes his duty to protect the public from abuses by his officers more seriously than the desire to protect his officers.

He ought to get some recognition for that. No doubt he will mostly get grief. But, at least it appears he is acting honorably. That is a rarity these days with so called public servants.
 
I am pleased at least one sheriff takes his duty to protect the public from abuses by his officers more seriously than the desire to protect his officers.

He ought to get some recognition for that. No doubt he will mostly get grief. But, at least it appears he is acting honorably. That is a rarity these days with so called public servants.
I'd put odds that this investigation wouldn't have traveled as far or as swiftly had this happened in a trailer park or ghetto and/or the dead guy's father not been a prominent attorney.
 
They could see him through the window near the door. It should have been known if he was armed
 
Yes, the deputy got a tox screen, routine for all officer involved shooting, also an investigation by the SBI. That is routine even in ghetto and/or trailer park shootings. New Hanover Sheriff's Office has some real issues, one of their jailers was just busted with 2 Kilos of powdered cocaine. He was in Onslow county allegedly selling it.
 
I'm surprised by this...

This incident is not nearly so egregious as the shooting of the unarmed optometrist in Fairfax Virginia when they went to serve a warrant on him for taking bets, and I don't believe any charges were filed in that case.
 
UPDATE: Officials rescind murder charge 12/12/06

Officials rescind murder charge

By Mandy Locke, Staff Writer
WILMINGTON - In a stunning reversal, New Hanover County officials are rescinding the murder charge against a sheriff's deputy who shot college student Peyton Strickland to death in a Dec. 1 police raid.
The startling move, just a day after District Attorney Ben David announced that a grand jury had indicted Cpl. Christopher Long for second-degree murder, came after grand jury Foreman John K. Hatton told Judge Ernest Fullwood that he had mistakenly checked the wrong box on the indictment form.

Hatton had meant to indicate that the grand jury did not indict Long, he told the judge in an unannounced court hearing today. A majority of the grand jurors failed to find enough evidence to support the charge of second-degree murder against Long, said the deputy's attorney, Michael McGuinness.

"These simple mistakes happen," McGuinness said. "But now my client can try and get back to a normal life."
Court clerks were preparing an official order this afternoon.

Strickland, 18, was killed in a raid by Sheriff Sid Causey's heavily armed Emergency Response Team. The team was called in to secure Strickland's home so that UNC-Wilmington police could arrest the Durham native on charges of robbery and assault in a Nov. 17 theft of two Sony Playstation 3 videogame systems.

http://www.newsobserver.com/1419/story/520661.html
 
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