Watch Live: Second House Hearing on IRS Scandal

See what happened when this attacker brought a knife to a gun fight

Crime

Graphic Video Shows Police Officer Fatally Shooting Man 11 Times — Was It Justified?

Dec. 13, 2012 2:47pm Jason Howerton

Attorneys released graphic footage of a police officer shooting a man 11 times outside a suburban home — one day after the officer was cleared of wrongdoing. The suspect died and the officer who shot him is back on active duty.

Ernesto Duenez Jr., 34, was wanted in connection with a domestic violence incident the day officers tracked him down on June 8, 2011. Duenez’s attorneys showed the final graphic moments of their client’s life on Wednesday at a press conference in Oakland, Calif., the Manteca Bulletin reports.

The video shows police waiting for Duenez to arrive at his home so they could arrest him on domestic violence charges. When he arrives in his pickup truck, police swarm around him.

As Duenez climbs over the passenger seat and opens a door, Manteca police officer James Moody approaches the vehicle with his gun drawn.

Police have argued that officer Moody saw a knife in the suspect’s right hand and feared he might throw it at him or charge at him with it. “Drop the knife now!” Moody can be heard shouting in the video. “Hands up! Hand up Ernie! Don’t you move, Ernie, don’t you move or I’ll shoot you.”

From the Bulletin:

The question centers on whether Duenez in fact had a knife in his possession when he attempted to climb out of the vehicle.

In one photo Fredericks concludes that Duenez in fact has a knife in his hand while in a separate photo declares that its “an object shaped consistent with a knife” – something that the family’s legal counsel sees as an attempt to justify an action that ended the life of Duenez.

In a flash, the officer is seen in the video firing 13 rounds in 4.2 seconds as Duenez moves to exit the vehicle. The suspect was shot 11 times; once in the head, eight times in the body and twice in the extremities. Four of the shots were fired while he was already on the ground. He died of gunshots wounds to his chest and abdomen, according to officials.

In the disturbing video, a bullet wound is visible in Duenez’s back as he rolls over on the ground, grabbing his chest.

Then his wife, Whitney Duenez, comes rushing out of the home, hollering at the police officer who just shot her husband. She ignores the officer’s order to say back and cries over her husband’s body.

It was later discovered that Duenez’s foot was caught in the seat belt.

Watch the graphic footage of the shooting below (CONTENT WARNING!):

Duenez’s family is now seeking “retribution.”

“We have communicated to the Department of Justice that this man (Moody) should be prosecuted for murder,” attorney John Burris said. “From our point of view this officer has been fully protected by numerous law enforcement communities.”

He continued: “The Police Department ratified this conduct on the very first day as justifiable and the District Attorney’s office has come back as well and justified this conduct and retained an expert that raises real questions about his integrity and his independence in making certain assumptions.”

Burris said the officer should be “held accountable just like anyone else would be held accountable when they engage in this kind of barbaric conduct.”

Graphic Video Shows Officer James Moody Fatally Shooting Ernesto Duenez 11 Times in California

Ernesto Duenez (Facebook)

Gabe Duenez said the cop murdered his brother in “cold blood.” He says he and others in the community see the officer that pulled the trigger as a threat to the community.

“We want to keep our city safe and we don’t feel that it is with him out there,” he added.

(H/T: The Daily Mail)

In CONTROL, Glenn Beck presents a passionate, fact-based case for guns that reveals why gun control isn’t really about controlling guns at all; it’s about controlling us. Find out more HERE.

Back to The Blaze »

Comments (478)

Chris.underhill
Posted on December 13, 2012 at 3:30pm
go aheaad and watch it a few times you can see. the cop rolls up scares the guy first, then tells him to drop what he had. the guy reacts and turns to the truck to drop what he had. the cop starts fireing his gun.. its simple, the cop had no reason to shoot. thats it..

No where in the police recored that has been released so far does it say they found a knife or a gun on the scene only that the video “appears to be consistent” with a a knife. Seriously if the guy threw the knife at the cop would it really do any thing? hes wearing body armor.

Report this comment
Log in to ReplyReply
- DrEvilandmrbigglesworth
  Posted on December 13, 2012 at 10:12pm
  He did have knife, I read it somewhere else. Here is a little history on this guy.
  
  Duenez had convictions for felony evading arrest, vehicle theft, possession of a stolen vehicle, possession of controlled substances, burglary, assault with a deadly weapon, participation in a criminal street gang and statutory rape, according to Hensley. Police were aware of Duenez’ criminal background and considered him armed and dangerous, Hensley said.
  
  Report this comment
- AutomaticInc
  Posted on December 14, 2012 at 6:20pm
  In Iraq, a guy was running away from Iraqi police and he climbed onto one our vehicles. I shot at him twice (at close range) hitting him once in the hand. He fell down, was no longer a threat, the police arrested him, and that was it…. The thug with a badge in this video just committed murder. The suspect did not advance toward the cop, and was on the ground while this cop fired round after round after round into his defenseless body. This cop is probably bragging to his buddies about how he’s a real man now because he killed somebody. Instead of controlling the peoples’ right to bear arms, we need to control some of these thugs with badges. They’re just has dangerous with a gun as any criminal, because they think that they’re above the law.
  
  Report this comment
- MuleePete
  Posted on December 15, 2012 at 12:01am
  For those who wonder how a police state could happen in the country, watch the video.
  
  Duenez may not have been a model citizen, but the police force of today is not the warm fuzzy cop on the beat I was taught to trust. Instead of acting as fellow citizens who cash a check for a job done, they think they are something special and need to act like Dirty Harry and all the glorified anti hero’s they grew up watching and now copy in real life.
  
  I am more afraid off the members of ‘Law ENFORCEMENT’ and the bureaucrats who confiscate our taxes to fund them, than the crooks. Remember when they were Peace Officers?
  
  “…….when you pry it from my cold dead hand!”
  
  Report this comment
- WE_GOTTA_LET_HIM_GO
  Posted on December 15, 2012 at 1:42pm
  You can’t unload 11 rounds into a dude with a knife (or an object “consistent” with knife). Even if he had a knife, the cop is a safe distance so that the knife presents little, if any danger to him whatsoever. On top of that he’s lying on the ground and the cop is still putting caps in him. Now, if the thug is firing at you with a gun, sure, fire 100 rounds into him, who cares, he deserves it. This was senseless, I don’t care what the guys wrap sheet was. Totally unnecessary. Cop should not only be fired, he should be jailed.
  
  Report this comment
Balthazor
Posted on December 13, 2012 at 3:25pm
Perhaps I’ve grown excessively cynical, but after looking at the picture of Duenez, well I just don’t think the world lost a Mother Teresa or Albert Einstein here. Nothing I’d lose any sleep over.

Report this comment
Log in to ReplyReply
- chips1
  Posted on December 13, 2012 at 3:35pm
  Gee!!!!! Those gang tattoos must have hurt. Did he get a prison discount?
  
  Report this comment
- afishfarted
  Posted on December 13, 2012 at 3:41pm
  yeah, your point is well taken. The story, the defense atty, nor the cops mention anything of a criminal history–either vioent crime or not. But by all indications, the tatts are jail-house tatts. If indeed I’m right, then cops responding to a domestic to apprehend a known violent con are more apt to respond in this manner. Again, that’s IF he has a known violent criminal history. If so, then the cop is thinking “I’m goin’ home safely tonight”.
  Typically, when a cop calls the suspect by his first name, it indicates he and others on the dept have dealt with him before and know his history. I speak from personal expierence here
  
  Report this comment
- MDECKER
  Posted on December 13, 2012 at 3:42pm
  One shot, two shot, three shot, eleven. Indeed, and what a former gangbanging, loving, father he must have been. I’m sure the family will have their quaint candlelight vigil and demand justice, until the check from the taxpayers arrives in the mail of course, then they’ll be able to moveon.org.
  
  Report this comment
- Cavallo
  Posted on December 13, 2012 at 4:03pm
  Just shoot everyone that looks different, especially if they seem marginally poor or a minority. The State is always right, and if he has a criminal history his vote isn’t good anyway. Best remove him from the rolls and distribute his assets to others. Shoot everyone that has tattoos too. Camps I guess would be too expensive, all those excessive rounds of ammo bought by the DHS and IRS need to be used for something.
  
  Report this comment
- The_Almighty_Creestof
  Posted on December 13, 2012 at 10:22pm
  Note to self…in my next life I will take the money I saved for tattoos and buy a bullet proof vest instead.
  
  Report this comment
- MetalPatriot
  Posted on December 14, 2012 at 10:03am
  Cavullo, you say this went bad because Ernie looks different or is poor? Another poster said the police should stay out of minority areas because the people solve their own problems.
  
  Minority neighborhoods are run by gangs. Criminals are “taken care of” in no way except by other criminals. The cycle is perpetual. Remember, there are innocent people in those neighborhoods that fear for their lives and their children.
  
  In any case, Ernie is or was a gang member. In my opinion, the cop did the world a favor. I wish they all met a “trigger happy” cop. Regardless of the seatbelt issue, nobody gets out of the passenger side (unless the driver door is inoperable). It would be interesting to see facts come out, but we won’t see them.
  
  All these cries about police abuse are rediculous. They have so little power to deal with serious street criminals here in CA that it’s amazing we still have any cops on the street. Yet, I do see the calliber of officers being diminished. Sorry, but short female officers hired because they “connect” with a “minority” community is stupid. Typical gang members aren’t part of a “minority” community here in CA. Hispanics are the majority. Long live the cartels and criminals. (extreme sarcasm)
  
  Report this comment
redfish52
Posted on December 13, 2012 at 3:23pm
Lets see…Union cop..Union lawyers…and unlimited authority…people this could happen to any of us…and If you don’t think so you are fooling yourself….he shot him in the back…what a flipping coward..

Report this comment
Log in to ReplyReply
- rs9
  Posted on December 13, 2012 at 3:30pm
  killed by a government union employee. your’e next
  
  Report this comment
- grayling646
  Posted on December 13, 2012 at 4:17pm
  You may be right, Red. They may shoot me one day but it won’t be because I abused my wife.
  
  Report this comment
- garbagecanlogic
  Posted on December 13, 2012 at 5:43pm
  Assumption, assumption, assumption. Read the story and quit trying to assume. It makes an ass out of U and me!
  
  Praise Be To Obama. Psalm 109:8
  
  The U.S. Out Of The U.N.
  The U.N. Out Of The U.S.
  
  Report this comment
- 4Stars
  Posted on December 14, 2012 at 1:12pm
  Redfish. What’s the most stressful thing you did today…run a yellow light? Felony DV suspect, armed with a knife climbs over his passenger seat so he can evade arrest by running into an occupied home even after seeing that the officer is out of the holster and issuing verbal commands to stop. You are out of your car, no cover or concealment, armed with a pistol. The suspect is inside 20 feet and you have about 20 seconds to decide if he’s a threat to you or the people inside the house. Not to mention that if you do wait and issue more verbal commands he’s now running parrallel to the house, still armed. You now have an occupied structure as the back drop for any pistol rounds that do not hit the target, which is likely at this point becuase you’ve lost your tactical advantage and are now running side step with the suspect while trying to shoot him with the most inaccurate weapon system a police officer has. Care to add your expert opinion on use of force laws, firearms discipline, or officer tactics?
  
  Report this comment
- Sgt_Rock
  Posted on December 14, 2012 at 5:35pm
  @4STARS – Well done, enough said.
  
  Report this comment
- TXBadOneToo
  Posted on December 15, 2012 at 12:35am
  4Stars.. you take a very one sided view of this. IF the suspect had a knife I never saw him leave the side of his car. So he wasn’t running into the house. And IF he had a knife why do you keep firing when he’s on the ground and no longer a threat? I’d call that action alone the sign of an incomepetent police officer who should not have a gun.. I respect what good police officers do every-day but what I saw on this video was a manslaughter. This police officer should be relieved of duty.
  
  Report this comment
superchaos
Posted on December 13, 2012 at 3:23pm
If the officer is calling him “Ernie”, he has obviously dealt with this guy before. Many of times. The officer had some knowledge of what “Ernie” was capable of doing.
In California, domestic violence restraining orders are very serious. (Thank O.J. for that) It is one of the very few court order violations someone can be arrested for and taken to jail. They will also be given a “no bail” status meaning they cannot be bailed out.
The judge orders you to stay away, you don’t. The police officer, who knows you, points a gun at you and orders you to stop or drop a weapon and you don’t, well, you get shot.

Report this comment
Log in to ReplyReply
- THX-1138
  Posted on December 14, 2012 at 9:10am
  That’s what struck me, the cop knew this guy and was clearly worried about him. Now, whether that was justified is hard to tell; I’d like to see this guys record. That said, it’s just a shame Ernie wasn’t a little smarter. Bringing a knife to a gunfight is a rookie mistake.
  
  Report this comment
- bpodlesnik
  Posted on December 14, 2012 at 6:33pm
  Are you kidding me? As soon as that guy stepped out of the car, the cop was shooting.
  
  Report this comment
brtmchl30
Posted on December 13, 2012 at 3:22pm
Arent police officers’ trained to empty their magazine? Or is that just something said on cop shows.

Report this comment
Log in to ReplyReply
- Cavallo
  Posted on December 13, 2012 at 3:31pm
  No you should always empty the magazine at the threat. This is taught now because of so many incidents of an officer shooting someone, thinking they must be going down and then getting killed by the mortally wounded felon. This is also the case for any CCW holder.. empty the magazine, instantly reload. The question in this case is.. is this suspect a physical threat? From the footage it doesn’t look like it, and if a private citizen had killed this person they would likely have a hard time proving their case in court. It doesn’t matter though. This is the new America and we must tolerate the excesses of the State and its enforcers.
  
  Report this comment
- hcartexas
  Posted on December 13, 2012 at 3:57pm
  No Cops are not taught that. The rule is keep firing until the threat is neutralized. 1 shot, or 1,000.
  
  Report this comment
- amtsoundsmith
  Posted on December 13, 2012 at 4:16pm
  If you are protecting yourself you should always shoot to kill, not to injure.
  
  Report this comment
- Mako Dragoon
  Posted on December 13, 2012 at 5:11pm
  You are trained to engage the threat of deadly force by shooting, center mass, until the threat is reduced or stopped.
  
  Police are also trained to DE-escalate incidents… doesn’t always happen.
  
  I’ll reserve judgement until ALL the facts come out.
  
  Report this comment
Conkuur
Posted on December 13, 2012 at 3:20pm
There is no defense for firing at a subject 11 times.If you’re that bad a shot you certainly don’t belong in the Police force and you ARE a danger to the community and your partners. Thats a FACT no need to investigate hand over that badge.

Report this comment
Log in to ReplyReply
- circleDwagons
  Posted on December 13, 2012 at 3:38pm
  He needs more time at the practice range, make ALL shots count. Why did he not shoot the lady ? He should be fired.
  
  Report this comment
- Cavallo
  Posted on December 13, 2012 at 3:47pm
  No one shoots to wound anymore. Most people, including civilians, are trained to empty the magazine in self defense. The only sure way to stop a threat is to sever the spinal cord or damage the central nervous system via a head or neck shot. The question in this case is not the number of rounds fired. The question is if the officer should have fired at all. It looks really really ify to me, I think the officer jumped the gun (no pun intended). If a civilian would not be justified in shooting that man in the same situation then the officer is not justified either.
  
  Report this comment
- chips1
  Posted on December 13, 2012 at 4:38pm
  CONKUUR:
  I spent a long time in Nam and many firefights. It doesn’t make you a better shot. Your scared to death each and every time. Your bullets go in every direction. All the training in the world on a range doesn’t come near what it does when the enemy decides to push your buttons. Each and every time is different than the time before. This officer will go home tonight because he relied on his training. The scared factor was just added as a bonus and he succeeded.
  
  Report this comment
- Conkuur
  Posted on December 13, 2012 at 10:01pm
  Yeah guys I was just being funny. The officer was clearly panicked and thats the reason he shot.A normal driver gets out from the driver side. He came out from the passenger side which I’m sure the officer would be concerned as to why and what he might be picking up. No idea if he told him to come out that way. The sound was muffled.If he didn’t though that would be justification for concern. I didn’t see it as matter to use deadly force from what I saw but who knows.
  
  Report this comment
progressiveslayer
Posted on December 13, 2012 at 3:20pm
Never take a knife to a gunfight I guess. It looked to me like the cop was a little too quick on the trigger but I’m not the one making the decision if the killing was justified,just my opinion.

Report this comment
Log in to ReplyReply
- hcartexas
  Posted on December 13, 2012 at 3:55pm
  Former Military, Former Cop, This shooting was COMPLETELY UN JUSTIFIED. I saw nothing that would’ve caused me to shoot. Its MURDER.
  
  Report this comment
- Mil-Dot
  Posted on December 13, 2012 at 6:18pm
  From the camera angle, you cant really see his hands. It just looks to me that the cop was not justified at the time he plugged him. One of us would def be in jail facing at least 2nd deg murder. The perp had not YET presented an actual threat. Maybe he would have a few seconds later, maybe he was just planning to run. We will never know. But one thing is for sure. The cop is gonna walk.
  
  Report this comment
- progressiveslayer
  Posted on December 13, 2012 at 6:43pm
  MIL-DOT From what I could see it looked like it wasn’t a justified shooting, I didn’t see a weapon and you’re correct the cop will walk.
  
  Report this comment
- strawberry411a
  Posted on December 13, 2012 at 11:26pm
  Texas: YOU are a former cop? Good God. I must have misread your posts then. No wonder this country is so completely screwed.
  
  Report this comment
republic2011
Posted on December 13, 2012 at 3:18pm
I’m sure that is a real safe community and the officer had no reason to be afraid. NOT!

Report this comment
Log in to Reply Reply
Lando
Posted on December 13, 2012 at 3:17pm
Not justified what so ever. Foot gets caught on seat belt, cop opens fire. Murder as far as I am concerned, even if he had a knife (which I doubt).

Report this comment
Log in to ReplyReply
- DeOppressoLiber
  Posted on December 13, 2012 at 3:31pm
  A neat video on knife attacks.
  
  http://www.youtube.com/watch?v=0Zc6zPdXJyM
  
  More gun control and it will get nice a personal.
  
  Report this comment
- chips1
  Posted on December 13, 2012 at 3:31pm
  If Sharpton and Jackson spent more time cleaning up their ghettos, the people wouldn’t be living in a ghetto. Excuses aren’t the way to evolve. I feel so sorry for the Americans that are black when they have to put up with the threats from the african-americans.
  
  Report this comment
- Lando
  Posted on December 13, 2012 at 3:44pm
  chips1…
  
  I guess your comment was directed at me… I’m white as can be, and I offered no excuse for that man
  
  coward cop plain and simple
  
  Report this comment
- chips1
  Posted on December 13, 2012 at 4:57pm
  LANDO:
  The story said he had a knife. Training has always taught that a person that has a knife within 21 feet is in the zone where he can kill you. That’s the reason for the 21 foot rule. It wasn’t pulled out of a hat. Studies were made and defense from the threat was established. The officer wasn’t a coward, he was trained very well and as a result, he is alive.
  If you think you can do better, leave your phone number so people that need help can call you. Coward!!!!
  
  Report this comment
- Lando
  Posted on December 13, 2012 at 5:40pm
  chips1
  
  studies… HA! Yeah, just like them global warming studies
  
  still a coward
  
  Report this comment
- mountainb
  Posted on December 13, 2012 at 7:40pm
  Hey Lando, You dumb@aa Read Edged weapons, that is the study being discussed here. I do not specificall agree with the 21 ft rule but if you would bother to educate yourself rather than run your ignorant mouth, you would see what is being discussed.
  
  Report this comment
- Lando
  Posted on December 13, 2012 at 8:33pm
  mountainb:
  
  I don’t care what the “studies” show. Studies that exist to protect trigger happy cops who are afraid of a knife or a pen or any other sharp object 20 feet away. I will just use common sense. And thanks for the personal insults… right in line with the liberal and progressive tactics. Bravo mountainb! Bravo!
  
  Report this comment
cucycln
Posted on December 13, 2012 at 3:17pm
I agree with JEDNAVIRA, he has only seconds and to shoot him 11 times! Maybe he didn’t have any more in the gun. But when you shoot you shoot to kill. It’s not like a cowboy movie… He did the right thing…

Report this comment
Log in to ReplyReply
- mercenary4freedom
  Posted on December 13, 2012 at 3:45pm
  Our troops can’t even do that in Afghanistan. ROE’s require the enemy to be attempting to shoot at them, then you can engage.
  
  A tad bit over reaction imo.
  
  Report this comment
- Mil-Dot
  Posted on December 13, 2012 at 6:28pm
  What a crock. “When you shoot you shoot to kill”. What BS. Maybe that is how cowards that like to murder people think, but human beings shoot to neutralize a threat. Some military operations require that you shoot to kill, because the mission is that important. But, to have civilian-yes, civilian cops, they are civilians, they are NOT military, adopt/encourage shooting to kill SOPs, that is over the line. These shootings are not happening by accident. They are to instill fear in the populace, to scare them into standing down. It is part of a nation-wide psy-op.
  
  Report this comment
critterbait
Posted on December 13, 2012 at 3:15pm
Maybe if that guy had a hand grenade in his hand ,shoot him 50 times,but come on a little old knife …might have been a lite saber,,, Look all open area ,daylight,,, not in a conner,,,
Who was this guy Machine Gun Kelly…This is not a PEACE OFFICER
This is Law Enforcement …

Report this comment
Log in to Reply Reply
naughtycal
Posted on December 13, 2012 at 3:15pm
i think the officer acted way too quickly to give a command and then fire directly behind it. But I don’t know and can’t tell from the video was he in a position to lunge at the cop. In either case I side with family 11 rounds were necessary perhap police should start carrying 12 gauges it’s always one and done

Report this comment
Log in to ReplyReply
- goahead.makemyday
  Posted on December 13, 2012 at 4:47pm
  Too much spread they should use 45′s instead of 9mm.
  22 ow
  9mm I’ve been shot
  45 …….
  50 What target?
  
  Report this comment
Timsincali
Posted on December 13, 2012 at 3:12pm
Perp got EXACTLY what it deserved. Stay still and obey the cops instructions. If your rights are going to be violated, sue later. You can not sue from the grave. Again, from the vid the perp deserved what it got.

Report this comment
Log in to ReplyReply
- redfish52
  Posted on December 13, 2012 at 3:20pm
  Come on 11 shots…really?
  
  Report this comment
- rs9
  Posted on December 13, 2012 at 3:25pm
  another black man killed by a government union employee that’s what they do. your’e next
  
  Report this comment
- hoopojoop
  Posted on December 13, 2012 at 11:29pm
  Good to hear from you Janet ‘Obey or die’ Reno.
  
  Report this comment
TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
Posted on December 13, 2012 at 3:12pm
Exactly why I never became a Police Officer. I would… I know… unload everything I had on your knife weilding @ss, then beat your dead body with that woman screaming her head off…

Then… if their’s a 2 x4 handy… I’d beat you some more. But hey…. that’s just me… and why I couldn’t be a Police Officer. A man must know his limitations… lol.

Report this comment
Log in to ReplyReply
- TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
  Posted on December 13, 2012 at 3:14pm
  Sorry… “there’s”….
  
  Report this comment
- RJJinGadsden
  Posted on December 13, 2012 at 3:29pm
  TIME, From the earliest times that I decided to get into law enforcement, that was a growing question. You gotta keep in mind that probably still 99% if not more police officers never fire a shot in a combat situation. When put in a dangerous situation studies have shown most officers will empty their weapons. Its part of a fear factor that essentially cannot be trained out of them. I recall a class back in the mid ’80s with a film of reenacted traffic stop. The drive told the trooper that he was on his way to the airport and his wallet was in a bag in his trunk. The guy opened his truck and pulled a revolver from inside and as he was bringing it up to point at the trooper, he slapped at the man’s arm while drawing his service revolver. The trooper in the film said that as back rolled up on him he was still pointing his .357 at the perp on the ground and that he was still pulling the trigger. It scared the crap out of this veteran trooper and he went into a tunnel vision scenario. As a former cop myself I know to do whatever a cop tells me and be as nonaggressive as I can be. In fact, be as passive and accommodating as possible. My former dept has had such a turn over in personnel since I left twelve years ago, that I keep in mind that so many do not know me from Adam’s cat. I will comply and if necessary a dumbass can be sued later.
  
  Report this comment
- circleDwagons
  Posted on December 13, 2012 at 3:43pm
  Time2, Knowing you, you would have shot him once in the head and then taken down the threatening lady. If you are going to shoot make them count.
  
  Report this comment
- TIME_2_END_THE_PAUL_CAMPAIGN_IN_12
  Posted on December 13, 2012 at 4:00pm
  RJJ. I knew you would get the “essence” of my statement (my sarc aside).. and as always your background and experience in that arena lends a certain credibility that I can’t possibly put into words from a Law Enforcement standpoint.
  
  CIRCLED. I took care of “screaming lady” without firing a shot at her. Lol.
  
  Report this comment
- RJJinGadsden
  Posted on December 13, 2012 at 4:20pm
  TIME, Well, don’t take me the wrong way. I certainly do not advocate multiple firing at an individual. They gave us this training in hopes that it would help to avoid such shootings. Comparing a soldier in a combat zone surrounded by potential danger at all times, a police office is out dealing with what one would hope is the law abiding citizenry. Totally different mindset, then when something like this happens the adrenalin goes off like a fire hydrant. Furthermore I do not say any of this as an excuse. Hopefully some understanding. Oh yeah, there are those say that this perp was just armed with a knife. Its amazing how much ground a knife armed person can cover in a split second. I was originally taught to use the least amount of force necessary, but to keep my mind, eyes, and ears open at all times.
  
  Report this comment
- Mil-Dot
  Posted on December 13, 2012 at 6:42pm
  Latinos are known for being viscious with a knife. Many have been born and raised in countries where guns are scarce or outlawed. The knife is the next step down. Big, small, whatever. But, a knife wielding, strong man can do lethal damage in mere seconds. Do NOT hesitate to shoot somebody that has a knife in their hands and looking at you with a crazed look on their face. Drop them immediately. The cop had the better view of the perp. And, he knew the goons “habits”, better than all of us put together. Maybe the guy liked to cut people up and the cop knew he would engage him. But, the cop will walk like crazy.
  
  Report this comment
GDC-Boling
Posted on December 13, 2012 at 3:10pm
After watching this video several times I determined this is best left to Internal Affairs; though, it seems IA already voted in the officers favor. I have had dealings with IA, and they do a very thorough job in deciding cases like excessive force, and cases like the one above.

Being an officer myself, I cannot make any judgement call. I cannot do that because this does not appear to give the full story, we do not know what that officer was told by dispatch, nor do we know if the victim had prior convictions other then domestic violence. However, it must also be said that domestic violence calls are some of the most dangerous for officers.

Report this comment
Log in to ReplyReply
- Jezcruzen
  Posted on December 13, 2012 at 3:24pm
  The ******* cop emptied his magazine into a man ON THE GROUND, and you need more facts?
  
  That cop should be fired. I hope the man’s family sues him in civil court, at least, for everything he has and every will have!
  
  Report this comment
- goahead.makemyday
  Posted on December 13, 2012 at 4:56pm
  Roid and crack user on the ground? One shot doesn’t keep them down they get back up and if they have a weapon they KILL YOU. Many drug users don’t feel pain when they’re high they’re invincible and no mother F****** cop is going to kill them. So yes when your in a hostile situation and you think you see a weapon you don’t shoot YOU KILL. I’ll admit this cop probably was never in a situation where he had to shoot before, with panic and a possible weapon I’m not surprised he fired everything. If you were honest you’d do it too if you thought you’d be killed otherwise.
  
  Report this comment
- GDC-Boling
  Posted on December 13, 2012 at 9:12pm
  @JEZCRUZEN – Have you ever been on a domestic violence call, have you had to deal with this type of person on a day-to-day basis? I have, you are quick to point the finger at something you do not know all the facts on. Also he was not on the ground when the officer started to fire, granted, I must admit he did fire to many shots, but when your adrenaline is pumping and you are in fear for your life not always can humans go by the book. That is a human flaw, and by your post, it seems to me you have plenty.
  
  Report this comment
- Jezcruzen
  Posted on December 14, 2012 at 11:22am
  For someone who defends ruthless behavior for a lack of facts, you sure do draw unfactual conclusions regarding me. Here’s a fact for you… you don’t know **** about me or what I’ve done!
  
  Here’s another fact… the man’s foot was caught in his trucks seatbelt when he attempted to get out. At least that it what is reported in the story. So what did the cop do? Why.. he emptied his mag into the guy! I know someone who spent fives years in the pen because they shot someone six times rather than just once. The cop should be fired!
  
  Report this comment
Landon410
Posted on December 13, 2012 at 3:09pm
its hard to tell in the video if he had anything, he did kind of jump out of that vehicle strangly though…
the officer was VERY quick with the trigger too, very quick…

Report this comment
Log in to ReplyReply
- JediKnight
  Posted on December 13, 2012 at 3:22pm
  BS. The officer has only moments to make a life changing decision. He does not have the benefit of being able to pause the action and rewind and try to get a closer look at the suspect or what the suspect might be holding. The officer has to protect his own life while attempting to take the suspect into custody.
  
  No, I’m not a cop. I’ll tell you this though, if I hear a cop say “Get your hands in the air! Get on the ground now!” and that’s followed with “Or I’ll shoot you!”, I don’t care what is stuck on what, I’m going limp and getting my hands in the air. I’ve had officers nearly pull their firearm on me enough times to know that I do NOT want to get shot. This guy reached down (we find out now that his foot was stuck) after being told that if he didn’t get his hands in the air, he was going to get shot. Get your hands in the air and let yourself fall over. I’d rather get hurt falling over with my arms widespread then get shot to death because I felt the need to get unstuck before listening to the officer.
  
  If this guy had done exactly what I just described and the officer had still shot him, I might have a different opinion. For all this officer knew, the suspect was grabbing a knife (even the family attorney says it was an object consistent with the shape of a knife) and was going to come at him with it. The officer is justified.
  
  Report this comment
taintso
Posted on December 13, 2012 at 3:09pm
The video is quite clear the officer ran a stop sign and should be suspended till he appears in traffic court.

Report this comment
Log in to Reply Reply
98Bravo
Posted on December 13, 2012 at 3:08pm
The guy should not have moved.. got out slow with hands up at 31 seconds, the guy jumps out, the goes back into the vehicle to retrieve something.. at that point it would have taken only 1 second for the guy to turn and shoot at the officer. What was he going for in the truck. There would be no question for me, this was justified. Maybe the number of shots were excessive, but 7 shots and your still not on the ground?

Report this comment
Log in to ReplyReply
- proliance
  Posted on December 13, 2012 at 5:53pm
  The article states his foot was found tangled in the seatbelt. When he reached down he was trying to free himself. In most places this is not punishable by death.
  
  Report this comment
- HI_Don
  Posted on December 13, 2012 at 6:18pm
  If your going to judge the decision for the cop to continue shooting because the guy wasn’t yet on the ground, one might want to at least take the time to let gravity work. Those trigger pulls sounded like an M-16 in full auto. What concerns me as well (and yes this is arm chair quarterbacking) is I would suggest the cop had no way of observing a weapon BEFORE he began yelling “drop the knife”. Perhaps he has learned (since everyone has a dashcam and audio now days) that no matter what if you draw you gun you play for the camera in case you go to court. “see judge, I clearly thought I saw a weapon, I was yelling at him to put it down.” CYA. My training says deadly force is only authorized as a last resort, and should be based on “equal force” necessary to protect life. I think I might have pulled the trigger on this guy, he was jerking around enough there is no way you could rule out he was going for a gun or not. But I am confident I would not have emptied an entire 13 round magazine in 4 seconds. That is just stupid. I would not want this cop as a partner or a backup.
  
  Report this comment
MrSunshine
Posted on December 13, 2012 at 3:06pm
Previous comment meant as sarcasm.

Report this comment
Log in to Reply Reply
MrSunshine
Posted on December 13, 2012 at 3:04pm
Nice shootin’ Tex!

Report this comment
Log in to ReplyReply
- MrSunshine
  Posted on December 13, 2012 at 3:14pm
  Dangit! This is the comment that was meant sarcastically. Geez.
  
  Report this comment
Old Truckers
Posted on December 13, 2012 at 3:04pm
A good rule to follow is to cooperate fully with the police. Move carefully with your hands up and empty. And do not make any smartalec remarks. The police are are on high alert when they make an arrest, so it is good to try making a calm atmosphere.

Report this comment
Log in to Reply Reply
YouCantExplainThat
Posted on December 13, 2012 at 3:02pm
Hard call. I’ve seen things were the police are obviously abusing their power. If this man truly believed he had a knife and was a danger I don’t think it is murder. But he was wrong and should in no way continue to be a police officer. It is a shame that this happened, not the first time and not the last.

Report this comment
Log in to Reply Reply
TSUNAMI_22
Posted on December 13, 2012 at 2:57pm
Why don’t we let the departmental internal affairs people do their job and cease with all of this armchair quater-backing by asking the public for their opinion on situations that most of us haven’t been trained for.

Report this comment
Log in to ReplyReply
- Mudd
  Posted on December 13, 2012 at 3:25pm
  People like you with your logic and common sense are so 20th Century.
  
  Report this comment
- Starkadder
  Posted on December 13, 2012 at 10:05pm
  Yes by all means, lets allow the murder suspect to perform the autopsy.
  
  Report this comment
- hoopojoop
  Posted on December 13, 2012 at 11:33pm
  Because the police are not tustworthy.
  
  Report this comment
ResistSocialism
Posted on December 13, 2012 at 2:57pm
yea best not to move if a police officer has a gun pointed at you

Report this comment
Log in to Reply Reply
naughtycal
Posted on December 13, 2012 at 2:57pm
The officer reacted too quickly I’m not saying he shouldn’t have reacted by giving the suspect a chance to drop the knife as it stands now the office said drop the knife and open fire a second later.

Report this comment
Log in to ReplyReply
- JednaVira
  Posted on December 13, 2012 at 3:09pm
  This officer did exactly as he was trained. The problem with your statement that the officer didn’t give the suspect time to drop the knife is not a good one. There is a “thing” called the “21 foot rule.” Research has shows an average human holding a knife with average skill and average speed standing 21 feet from you can close that distance of 21 feet and plunge a knife into you before you are able to discharge your firearm. The officer should have shot him 1. if he had a knife and 2. if he felt deadly force was justified to protect himself or a third party from death, serious bodily injury, and/or a forcible felony.
  
  Report this comment
- hcartexas
  Posted on December 13, 2012 at 4:24pm
  JEDNARVA… the (21 foot rule) applies to a suspect with knife in hand, advancing against an officer without his weapon drawn. The Victim in this case, did not advance, and was facing an armed and ready officer. This was Murder.
  
  Report this comment
- chips1
  Posted on December 13, 2012 at 5:21pm
  HCARTEXAS:
  Incorrect. The officer knew the person and called him by name. With those tattoos, he was probably in jail at some point. Are you aware what they do in jail? They practice practice practice on how to overcome law enforcement officers. It doesn’t matter if he is just patting you down, they practice how to overpower an officer. These are fully trained criminals and most jails are just schools for becoming more dangerous. Open your eyes to the real world. It’s a jungle out there.
  
  Report this comment

It appears that you have Javascript Disabled. Please enable Javascript in your browser preferences for a better user experience on TheBlaze. You can not comment without Javascript enabled.