Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
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huntsab
Given the Sheriff is conducting the administrative review and IA cannot share information with criminal investigators, would a criminal investigation need to be conducted by a different agency, altogether?
Legally speaking, there is no requirement that a third agency be involved in a criminal investigation. In theory, the employing agency can also do both the IA and the criminal investigation. Typically, these investigations involve a multi-disciplinary team at least at the outset. Ultimately, the decision to prosecute or not will fall to the DA.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
its better to ask then to continue to womder...lol
good info though
yonugstown criminal defense attorney: https://www.youtube.com/watch?v=MOcfV1gEeWc
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
Still no criminal investigation. Can the DA initiate an investigation, independently, if he believes there is enough evidence?
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
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huntsab
Still no criminal investigation. Can the DA initiate an investigation, independently, if he believes there is enough evidence?
Yes, he can. But, not every act by the police is going to require a CRIMINAL investigation.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
This warrants a CRIMINAL investigation!
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
To you, what IS a "criminal investigation"? Assuming that your county has a protocol to investigate such uses of force, it is likely that the DA has examined reports and interviews with the involved officers and determined that no criminal violations have occurred. It's not like the DA or someone else has to publicly ordain that a matter is a criminal investigation for there to be an investigation. The inquiry may have already been accomplished to the DA's satisfaction.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
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huntsab
This warrants a CRIMINAL investigation!
That is your opinion. Others may not agree.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
And how much of the blame does Mr. Saenz share for stealing a car, leading the police on a wild ass pursuit putting so many people at grave risk, and then apparently resisting arrest and fighting with the cops? Even if the actions were uncalled for, as with almost all such arguably excessive Mr. Saenz had the ability to have prevented this from happening by simply complying with the officers. Yes, the video looks bad. But, had Mr. Saenz complied with the officers this never would have occurred. Heck, if he had not stolen a car and then ran from the police into oncoming traffic, this never would have happened. While not excusing any malfeasance on the part of the officers, Mr. Saenz is culpable here as well. And once he gets out of jail or prison, he'll likely make a tidy sum off of any out of court settlement provided to him by El Centro.
http://www.kyma.com/news/el-centro/p...nger/165621922
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
"Stealing a car?" The charge is possession of stolen property.
Re: Is a Police Officer's Administrative Suspension a Matter of Public Record
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huntsab
"Stealing a car?" The charge is possession of stolen property.
According to the news article he was in a stolen car. Apparently they could not charge him with actually being the one who took it, but, they decided to charge him for being in possession. BOTH are felonies. Not to mention the numerous other reckless and dangerous acts that were almost certainly charged as felonies.