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August 3, 2001, 02:27 PM | #26 |
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The Lubbock Police Department has released copies of the individual officer's reports on the Sgt. Cox Shooting. I am surprised they did this, but I imagine they took the stance the reports will show up in court eventually.
Lubbock Swat Officer Reports
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August 3, 2001, 02:45 PM | #27 |
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Wow...
..those reports are some interesting reading. I read Officer one and two and they stated PLAINLY that the gunfire was 1) from inside and 2.) from the "barricaded suspect"....
This should get very interesting very quickly.
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August 3, 2001, 03:48 PM | #28 |
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Bring me up to date here.
A DV call...............man barricades himself into a house. Neighbour tell police the man "has guns". Swat arrives and dispurses around house. Man will not respond to them.
The Swat team does a "Break and rake". While yelling into the house no one is seen, but a bullet comes through the side of the house and hits the LEO in the neck, killing him. The SWAT officers "believe" the gun fire is comming from inside the house and return fire, blindly, on a subject they have not seen. In fact the Swat LEO's are in a cross fire position where they are returning fire on each other. In the end over 350 rounds are fired, one LEO is dead, one LEO is wounded, One perpatrator is wounded. The perpatrator had no gun? Several searches of the house has produced no weapon. Perpatrator is released, LEO death result of friendly fire. WOW!...is this a cluster or what? So.......who positioned the SWAT team? Who fired the shot? How many Law Suites will this incident cause? Why did they relieve the Chief, and not the SWAT CO? later DA |
August 3, 2001, 04:29 PM | #29 |
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LawDog -
You were set up on this one by the "every cop is a JBT" crowd. Hang in their buddy. Everyone- LawDog responded to a seamingly reasonable request to comment because he has a reputation of telling it like it is. LawDog points out that he does not have complete information, and that none of us do either. He gave a reasonable answer based on the conditions set forth in his speculation. Instead of taking this as an opportunity to learn from someone who has BTDT, people decide to slam LawDog. What the heck is going on here?????
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August 3, 2001, 05:18 PM | #30 |
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First of all, I think the news reports were that there were 369 holes in the house, not rounds fired.
Second, the police officer's reports are interesting in that some officers reported their conclusions as facts. I have taught report writing for law enforcement officers and one of the things I stressed over and over is to only report what you saw, heard, smelled, tasted, touched, or what someone else told you, etc.. Third, I am surprised the officers related that orders were given to them, but failed to identify who gave the orders. This is very confusing when one tries to reconstruct what happened. Accountability is easily a casualty when this happens. Fourth, the "suspect" did have guns, it was just that no one could find any evidence they were fired. Fifth, I am very interested in the concept of suppressing fire as it relates to this incident and Texas law. This story will go on for a long time.
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August 3, 2001, 05:27 PM | #31 |
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Sounds like Lubbock SWAT is getting training from the well-known "Polish firing squad".
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August 3, 2001, 05:37 PM | #32 |
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I suppose the thing that bothers me the most in reading the reports is that no-one takes responsibility for that first round. Where is the "Saw suspect raise a pistol and shot him in self-defense"? From where I sit, one round FROM A POLICEMAN triggered the shooting and somewhere around 368 of the rounds were then inevitable, because of attitude, approach, and strategy.
It appears that this and possibly more of these situations are being run only one step away from the "terminate with extreme prejudice" rule of engagement: Anyone accused in a similar manner and associated with similar intel (owning guns) is placed in a free-fire zone. Only one response (abject surrender) will give the suspect an even chance at not having his right to life forceably removed. When you combine the possibilities of over-response in the above scenario with the oft-repeated "ooops, wrong address for the no-knock" scenario, I believe you are moving into a realm of police action at which the founding fathers would certainly be agast. At what point are police departments going to become unwilling to risk the lives of innocents in order to carry out urban-assault-style problem-solving? Is the risk of being sued for under-response less tollerable to a PD than the risk of unjustifiably taking a life? It's beginning to look like it. Couldn't we budget to allow four officers with semi-auto rifles, brown bag lunches, and thermoses of coffee spend twice as much time at the scene letting the situtation calm down? Whatever happened to the negotiation tactic of just boring them 'til they give up? I'm all for every police officer going home at the end of every night. Unfortunately, it appears the strategies and tactics being employed have come full circle. If it weren't enough that these methods threaten both innocent civilians and low-violence-order perps, they now threaten the policemen who use them. Yes, mistakes were made. They always will be.
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August 5, 2001, 12:01 PM | #33 |
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Any more information come out about this cluster?
thanks DA |
August 5, 2001, 12:28 PM | #34 |
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waiting would have saved a officers life, what was the rush to
enter? sounds like waco or ruby ridge mentality! lucky the cops didn't cover it up and send a innocent man to prison for life or death penality. nazi tactics |
August 6, 2001, 02:45 PM | #35 |
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based on what little was in the media speculations, I find it interesting that...
"Morgan said Robinson fired as many as 30 rounds through a wall of his house during the two minute shootout." we have a duly authorized Police Spokesman offering information that was less than accurate. shouldn't that be a subject of concern? doesn't that have at least the appearence of cover up of some sort? we may not have been there, and I won't second guess the events, but we do know that a Police Officer was less than honest to the people he works for. NB
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August 6, 2001, 09:53 PM | #36 |
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Law Dog keeps harping that "he wouldn't talk to the police." NOT TRUE. see below.
Surrender deal botched Phone call to negotiator unanswered By LINDA KANE Lubbock Avalanche-Journal August 2, 2001 Richard Robinson said Wednesday that he already had agreed with a negotiator to come out of his South Lubbock home when gunfire erupted and an officer was fatally shot July 13. Robinson said the negotiator told him to take his time and to call the negotiator’s cell phone when Robinson was ready to leave his home. When Robinson made the call, however, nobody answered, he said. Robinson’s attorney, Daniel W. Hurley, said Wednesday he had spoken with the negotiator July 13, and they had agreed Robinson would be taken to a hospital for psychological treatment and not to jail. After he made the unsuccessful call to the negotiator, Robinson went and sat on his couch, he said. Hurley said he didn’t know why the phone call reportedly didn’t go through. The negotiator called again, but gunfire erupted as Robinson walked from his living room to the kitchen to answer the phone, Robinson said. “The phone started ringing and then windows started breaking, and I just jumped up and said, ‘What’s going on?’ and that’s when they just started shooting,” he said. Robinson was shot in the back as he walked from the living room to the kitchen, he said. He said officers were yelling and asked what he had in his hand. “I said, ‘the (expletive removed) phone’,” Robinson said. The incident began about five hours earlier, following a fight between Robinson, 47, and his wife, Laura, 48. The Fire Department arrived after Robinson began burning furniture in his front yard, and then the SWAT team was called in. Laura Robinson and the couple’s children were not in the home when the SWAT team arrived. Richard Robinson and Hurley contend that no one asked Robinson to leave his house. “Nobody ever came to the door to ask him to come out,” Hurley said. “When the SWAT team arrived at around noon, Dick could see that it was a serious deal.” Sgt. Kevin Cox, 38, was shot in the head during the SWAT maneuver at Robinson’s home at 3229 87th St. In police reports filed with court papers, SWAT officers said they believed Robinson opened fire from inside the house. According to a search warrant, police seized 13 guns, ammunition and books about weapons. All the guns were unloaded and in a closet during the episode. Police initially charged Robinson with capital murder in the officer’s death, but determined a week later that he didn’t shoot Cox. The charges were dropped. An investigation is under way to determine what prompted the gunfire and who fired the fatal shot. Police Chief Ken Walker was placed on paid administrative leave July 23 pending the outcome of the investigation. It was three days after the shooting that Robinson first learned of the officer’s death from Hurley. “I felt for him. I’m sure he was a good man,” Robinson said. Robinson said he felt helpless when he learned he’d been accused of killing Cox. “I was convicted and hung,” he said. “I knew I was innocent, but I mean, it’s a pretty helpless situation.” He added, “I just thought, ‘Man, that man died and I was going to pay for it.’ “ The hospital stay was extremely uncomfortable because of his wounds and because he was handcuffed to a bed for five days, Robinson said. He said he urinated on himself at least once because he couldn’t contact a health care worker. It was 10 minutes before Robinson was to meet with his family the first time since the fatal shooting a week earlier that Robinson learned the charges against him had been dropped. “I just kept telling them over and over, ‘I didn’t kill that man. I didn’t kill him,’ “ he said. When Hurley told him the charges against him were being dropped, Robinson said, “This better not be a joke.” Robinson said he’d been told by Hurley that he could have spent up to a year in jail before his case went to trial. “I didn’t know if I could make it,” Robinson said. Hurley said he believes the police knew within three days of the shooting that Robinson wasn’t the triggerman who killed Cox. “I’m not sure why it took a week for them to decide that Dick hadn’t fired any of those weapons,” Hurley said. “But, I respect and admire the courage of Bill Sowder (Lubbock County district attorney) for making sure that the right thing was done. “... I hope that we’ll learn the whole story,” he said. City and law enforcement authorities have remained tight-lipped about the investigation. “It’s a miracle that there weren’t a lot more people shot and killed in this incident,” Hurley said. The Robinsons said they didn’t understand why the SWAT team was brought in after a domestic disturbance. “We never knew it would turn out like this,” Laura Robinson said. Now the couple is turning their attention to rebuilding their lives. “We’ve got a lot of issues to work through,” she said. The couple dated for five years before marrying 21 years ago. They met through a friend while playing golf, Laura Robinson said. They have two daughters and one son who range in age from 9 to 18. Their house is in shambles, and many personal items are riddled with bullet holes, the Robinsons said. Gunfire damaged the walls, clothing, mattresses and furniture, they said. Perhaps more than 100 rounds exploded during two to three minutes after SWAT officers approached Robinson’s home and broke out windows on the east and west sides. The tactic, known as a break and rake, was used to improve visibility into the house and make an entry point for tear gas. * * * The Robinsons likely will sell their house, they said. Their youngest daughter is scared to return to her bedroom, they said. Robinson said he became depressed after losing his motor repair shop a year ago. His father then died, and he became distraught on July 13 when he thought he might lose his wife and children, too, he said. Laura Robinson said she had been urging him to seek treatment for depression and fought with him prior to the shooting because he wasn’t seeking help. It’s unclear whether Robinson will face criminal charges stemming from the incident, Hurley said. And, thus far, Robinson has indicated he doesn’t want to sue any agencies involved, Hurley said. * * * A bullet remains lodged in Robinson’s abdomen, and he continues to seek medical treatment, he said. He also suffered a wound to his left side where another bullet may have grazed him. The Robinsons became emotional several times throughout the interview Wednesday with The Avalanche-Journal. They were especially distraught when discussing the Cox family. Cox left behind a wife and two children. “We think about them every day,” Laura Robinson said. “We hope that they have the strength to go on.” Robinson added, “Ain’t no words you can say that will bring him back. “A life was lost at my house. I hated it, but I didn’t pull the trigger.” |
August 6, 2001, 11:41 PM | #37 | |||
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Your article deals with the SWAT negotiators. I was talking (or harping) about the officers who first responded to the scene. There's a difference. LawDog
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August 7, 2001, 12:31 AM | #38 | ||
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There's an interesting take on lewrockwell.com -http://www.lewrockwell.com/elkins/elkins47.html
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I've never seen any accusation of domestic violence, merely a domestic dispute, unless you count burning some of your property violence. I don't have a problem with swat teams, just the overuse of them. Because I've read too many stories where swat teams or tactics were used and an innocent civillian died. When something like that happens, too often nothing happens to the responsibile party because they 'were following proper procedures'. This time, an officer was killed, and we got to see how quick the police were to go after the innocent homeowner and how they refused to accept the possibility that they screwed up until the FBI proved it to them: Quote:
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August 7, 2001, 12:52 AM | #39 | ||
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Just where do you come up with LPD "refusing to accept the possibility that they screwed up"? LawDog
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August 7, 2001, 01:29 AM | #40 |
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LOL Lawdawg you'd defend Joseph Goebbles himself if he worked in your line of work it seems......Face the facts,some of those police officers and spokesmen themselves blamed and convicted in the media this guy for a death one of THEM committed because they were so hot to try out their new weapons on their "civilian"
enemy. I have immense respect for the cops who rather then cover up the facts and convict a guy they know was innocent,went against the grain and did what was right.I don't hate cops in general,only those who like the politicians swear alleigance and then make it their first order of business to **** on the Bill of Rights. You seem to have an issue about a mere civilian refusing to talk to you....Well I'll tell you something you should already know.It's part of our bill of rights.You are not supreme as an officer OF THE LAW.You are merely a civilian as we also are,and you are our servant,if you want to get down to the facts.YOU are not our commander.You are not superior to the populous(though many officers think so)...You are there to keep the peace through legitimate constitutional means.Which doesn't involve firing machineguns into a target you can't even see,for gods sake.Ever hear of fire discipline???Maybe everyone involved in the fiasco needs either a MAJOR refresher course at the least,or termination which should be warranted..... Frankly you guys deserve NO respect when you attempt to justify these kinds of action.....I hope this guy wakes up and sues the **** out of that police department....Maybe next time the officers responding will use some sense rather than their Mp5's...... |
August 7, 2001, 01:41 AM | #41 | |||||
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http://www.lubbockonline.com/stories...02010028.shtml Quote:
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Police are human, meaning they are fallible. When they do something right, they should be commended. When they make mistakes, no matter how perfect we'd like to think should be, they need to be held accountable, otherwise there's not a lot of incentive to improve. The more information I see on this, the more it looks like the reason swat was used was 'because we have a swat team'. Combine that with the errors that were made, the potential for tragedy multiplies. When you swing a bigger hammer, you're going to make bigger mistakes. |
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August 7, 2001, 02:26 AM | #42 | ||||||
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No, I would not defend Goebbles. Period.
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Yes, I have heard of fire discipline. I also know that when you've got bullets cracking around your ears, chewing up the scenery you are trying to get under, and your buddy is dying in a pool of his own blood -- the natural human tendency is to spray-and-pray. It's not a good tactic, but it is a human one. Quote:
So where is the 'forcing' by the FBI? Quote:
However, in your quote above that line, Mr. Robinson clearly states that he tried to call the negotiator back, but couldn't get through. There may have been a communications break down, in which case you bypass the phone system: the break-and-rake. Quote:
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LawDog
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August 7, 2001, 07:49 PM | #43 |
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Personally, I wouldn't think twice about suing in a case like this. I'd be interviewing lawyers right now.
I do find it notable that part of this arose from the state's seizure of private property. I wish I could say I was surprised. We're not a police state yet. There are still honest people in government who will not stand for this kind of murderous behavior. Thank goodness. However, the more of this foolishness we see, the more I fear we are sliding down a dangerous slope. I believe SWAT is overused, and it is a symptom of the War on Some Drugs, excess taxation producing too many resources for LEO's, and the increased militarization of LEO's. If we keep it up (along with too easy rationalizations of this kind of behavior), we'll keep increasing the chasm between LEO's and their communities. That's foolish, IMHO. I have the impression that some LEO's won't be satisfied until every burg in America has it's own SWAT team, M-16's, tanks and who knows what else. Regards from AZ
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August 7, 2001, 09:37 PM | #44 |
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"Okay, homework for tonight: Bearing in mind that when I say "talking to me" I am not interrogating you, nor am I seeking to trick you into testifying against yourself -- I am merely seeking your side of the story. Keeping that in mind, show me the relevant passage in the Bill of Rights you reference in the above quote."
Now that is funny.....You know as well as I do anything said to an officer can and will be used against you,regardless of the "talking".....Whether it be enlarging an investigation or formal interrogation. How about this...You show me exactly where in the Constitution you have the power and right to put hundreds of rounds into a citizens property attempting to assasinate and deprive them of life,liberty,and the pursuit of happiness? Then to top it off demonize them as the standard tactic of law enforcement which amounts to nothing less then slander. Keep in mind this is over someone burning their own property.... Where exactly is that part? I sure as hell missed it. You also have no right to force any citizen to open their mouth whether it be to say HI or answer any question you pose....I have the right to not say boo to you or any officer if I so chose. Like I said you seem to have more of a problem that someone didn't bow down to your "superiority".If you think the populace gives up their right to silence whenever an officer insists on "talking" to them,your deeper into the policestate mindset than I thought.I've seen some of your posts,and believe you to be a moral officer,but when I see statements that we HAVE to talk to you,it makes me really wonder. When you can show me I'm legally obligated to answer you anytime YOU want,I'll say I was wrong. |
August 8, 2001, 01:32 AM | #45 | ||||
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The Constitution has nothing in it regarding compelling testimony from witnesses, therefore we look at the Tenth Amendment: Quote:
We get a bingo hit right off the bat: Chapter 38 of the Texas Penal Code: 38.02 Failure to Identify Quote:
A little further down in the same chapter we find: Quote:
My, my, my. Is the investigation of a crime (domestic violence, in this case) by a peace officer "...a duty ... imposed or granted by law."? Yeppers. Would a reasonable man believe that the failure of a witness to answer questions about the crime impede or otherwise interfere with the investigation of that crime? Oh, yeah. Ergo, Mr. Robinson, as a witness, was obligated to answer questions regrading the crime the officers were investigating. Once he became a suspect in the crime, (per the Fifth Amendment) he was no longer obligated to answer those questions -- but he would not become a suspect until both sides of the story were heard. LawDog
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August 8, 2001, 02:20 AM | #46 |
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"Yeppers." -- LawDog
Horse manure. Do yourself and your fine reputation on this board a favor by dropping this ridiculous and desperate line of rationalization. There is no justification in this case for the outrageous and criminal behavior of a special unit [apparently with $^&%%# training] run amok. And please...stop the accusation of DV; the man simply lit a bonfire in his front yard...nothing more, nothing less. A good man is dead as the result of the 'us v. them' mentality so prevalent in such "special" teams these days. Citizens, including the falsely accused, deserve nothing less than a full investigation. The guilty shouldn't be given blanket immunity simply because they happened to have badges. If and when found guilty, let the perpetrators suffer the consequence: hang 'em in public. |
August 8, 2001, 03:06 AM | #47 |
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*sigh*
One patriot, if you have any more questions about the legal right to compel testimony from witnesses, send me an e-mail, or use the private message function. Jeff, next time you see me developing the need to analyze a police operation, thump me over the head until the need passes. I am officially out of this thread. LawDog
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August 8, 2001, 06:34 AM | #48 |
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Wow!
Some thread. The title was a bit misleading, and I bypassed it. One side I haven't seen presented here is the impact of a Domestic Violence conviction. Robinson had quite a bit of money tied up in what, 35 guns? I highly doubt that they were all Lorcin's. I have to wonder if the original officers (the ones the day(s) before the SWAT raid), didn't decide to cut Robinson a break and not give him a ride to the courthouse where he could plead out to a very minor charge, pay a small fine, and get on with his life? It's possible, but I wonder how probable? Had he been given a few hours in the hoose-gow to simmer down maybe,,,,,,, |
August 8, 2001, 09:36 AM | #49 |
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In this case, the cops are clearly out-of-control (again) and needed to be reeled in. In their zeal to “arrest somebody” a person was killed (another cop).
The coming future (already here). Escalating militarization of police forces + Trampling on the Bill of Rights = MORE DEAD COPS It’s as simple as that. Skyhawk Last edited by Skyhawk; August 8, 2001 at 12:01 PM. |
August 8, 2001, 10:49 AM | #50 |
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LawDawg:Thanks for the stimulating conversation,but I still don't agree with you,and while I don't hate cops per se as my stance could be interpreted I jealously guard the Bill of Rights which I'm sure even you will admit more than ever is trampled on by those who swear to uphold and defend as well as those who write the law.
When you send a swat team to this guys house,he is indeed a suspect.Whether or not he was arrested is a mute point. I would love to see him charged with violating the statutes you cited.You and I both know he would not be found guilty. You as an officer also know anything a potential suspect during an initial investigation says, can and often does result in them being arrested.Ergo 5th amendment defense is not limited to a courtroom setting. I'm done with this thread also,and in parting want to thank all the officers who indeed put there lives on the line to protect and serve constitutionally everyday.For those who violate that trust,they deserve the ridicule of the populace. While I don't know you Lawdawg,I respect the fact you are even taking the time to interact on this board as many LEO's wouldn't even bother with mere "civilians".This tells me at the very least you are concerned about the citizenry you protect and serve. Have a good day,and stay safe. |
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