PoliceLink

Posted 5 months ago

On fathers day 2007, a brother officer (and very good friend) was involved in shooting a subject that was wanted(the subject had a history of violence towards LEO's). After a short foot chase the suspect told the officer he was going to kill him and picked up a large brick and attempted to hit the officer in the head with same.After several verbal commands the drop the weapon the officer fired two rounds which found there mark. The suspect was taken to the hospital where he survived and was then taken to the detention center where he awaited trial for numerous charges. The officer was placed on administrative leave(standard procedure for North Carolina) pending an investigation by NC SBI. When the investigation is complete it gets turned over to the county'sdistrict attorney to determine whether charges willbe brought to the officer or to state that is was a good shoot. The SBI investigation IS complete and same is in the hands of the District Attorney for over 8 months . Again i say this occurred more than 1 year ago and this officer is still on administrative leave because of political issues between the district Attorney and our Chief of Police(they hate eachother for whatever reason). In our region there have been several officer involved shootings where the suspects have not had a weapon and these officer are back on the road and have not been charged. The officer is very depressed and feels that the administration does not have his back, he can not carry a weapon, and is not even allowed to qualify, and is STILL SITTING AT A DESK AND MAY NOT RECIEVE EMPLOYMENT AT ANY AGENCY UNTIL HE IS CLEARED. The question i pose to all on POLICE LINK are there are suggestions to what this officer can do? Has anyone EVER heard of such BULLSHIT? Does anyone think there is any option of lawsuit or anything to get him back to doing what he loves? He is one of the smartest officers i have ever met and is a great asset on the road. I would appreciate ANY AND ALL suggestions. Thanks my brothers and sister in blue!!!!!!!!!!!!!

2715 posts

Rate

Rate This | Posted 5 months ago

Does he have any representation from a bargaining unit? i.e.; PBA, FOB or IUPA, if so why have they not stepped in already?

Rate

Rate This | Posted 5 months ago

yes he has FOP which provided him with an attorney but i believe FOP can only represent him on the criminal matter of the case if he would get charged....but again the district attorney has not even looked at the case....which is bullshit....it just feel like his hands are tied...

2715 posts

Rate

Rate This | Posted 5 months ago

I realize that the attorney would be mainly if he was charged or lost his job, however, it seems that the bargaining unit can pressure mangement to push the issue to a close or put the officer back on the road! Something stinks about this whole deal

3571 posts

Rate

Rate This | Posted 5 months ago

What these guys said.

You may want to seek a legal defense group for cops from even out of state.....

"We should remember that one man is much the same as another, and he is Best, who is trained in the severest school." Thucydides, History of the Peloponnesian War

"Victory is reserved for those who are willing to pay the price."
Sun Tzu

Rate

Rate This | Posted 5 months ago

The thing is that those who are willing to help him were told by the Chief of Police not to do it. The Chief of Police has not bothered to call the D.A. to find out what is going on; furthermore, the Chief of Police has told the officer that he is not calling the D.A. to find ANYTHING out. Plus, an internal has not been done at all. Like I said earlier, the incident took place over a year ago.

2715 posts

Rate

Rate This | Posted 5 months ago

SLICK418 says ...

The thing is that those who are willing to help him were told by the Chief of Police not to do it. The Chief of Police has not bothered to call the D.A. to find out what is going on; furthermore, the Chief of Police has told the officer that he is not calling the D.A. to find ANYTHING out. Plus, an internal has not been done at all. Like I said earlier, the incident took place over a year ago.

Again, something with this whole deal stinks! He needs representation to get this closed NOW! Even if in the end he has to find another department. At least he will be able to because this will behind him!

Rate

Rate This | Posted 5 months ago

THE SARGE- i understand what you mean but its not that he needs legal defense for the shooting its the fact that he is still at a desk and none of the administration will do ANYTHING for him (i.e; put him back on the road, call the D.A. for the status of the case; NOTHING) ITS A BAD SITUATION AND IT SEEMS THAT NOBODY REALLY CARES....HE EVEN APPLIED FOR A POSITION AT AN AGENCY IN NY,WENT THROUGH THE PROCESS AND THEY STATED THAT THEY WANT TO HIRE HIM BUT CANT UNTIL HE IS CLEARED BY THE D.A.

156 posts

Rate

Rate This | Posted 5 months ago

If I was him I would be find me a good lawyer myself and get it over with, if the chief will not back him there is not sense in trying to stay at the dept or unless he can get rid of the chief. It sounds like he dont care about the officer enough to make an effort to get this done. I would be looking for another Dept

2388 posts

Rate

Rate This | Posted 5 months ago

Sounds like a violation of the 6th ammendment......Does NC have CLEAT? I would definitely seek out an attorney. We had an officer involved shooting last year and after 9 months the case still had not been taken before a grand jury, but the investigation had been complete for 7-8 months....again the CA was dragging his feet. The officers involved started seeking legal council and when the CA found out it was taken to grand jury within 2 weeks and the officers were cleared.

"It would be better for one to have a stone tied around their neck and thrown into the sea, than to cause a child to stumble."

Rate

Rate This | Posted 5 months ago

THANKS EVERYONE FOR YOUR COMMENTS....I WILL PASS IT ON...ANYMORE IDEAS I WOULD GREATLY APPRECIATE IT....

-2 posts

Rate

Rate This | Posted 5 months ago

Have you ever heard of the Skelly case. It force a department to expeditean action against an officer that could be considered a hardship. You been off too long. They know theere's no reprensentation, they're taking their time. Like LCarvin mentioned, soon as you get representation, they tke a different tone. Preferably get a lawyer that has Law Enforcement in his background, and who specializes in officer related shootings. Once cleared go to another department, too much bad blood, the trust has diminished.

Rate

Rate This | Posted 5 months ago

ANY MORE SUGGESTIONS PEOPLES???!!!!!???

82 posts

Rate

Rate This | Posted 5 months ago

Just the perception of representation usually gets results. You have some big hitters that would probably take a case "pro bono" there in the big city of Fayettville. There isnt much that town hasn't seen. You could also check with the NCDOL. Did he have an attorney present during the SBI interview and did they release his firearm back to the agency.

Joey Wesson

"To lead uninstructed people to war,
Is to throw them away"
-CONFUCIUS

“A leader is one who knows the way,
goes the way, and shows the way.”
-John Maxwell

Rate

Rate This | Posted 5 months ago

SLICK418 says ...

yes he has FOP which provided him with an attorney but i believe FOP can only represent him on the criminal matter of the case if he would get charged....but again the district attorney has not even looked at the case....which is bullshit....it just feel like his hands are tied...

WOW!!! This is UNREAL. Then Agencies wonder WHY people no longer want to get into a Law Enforcement career path; we get screwed for doing our DAMN JOBS BECAUSE ELECTED OFFICIALS: READ - UPPER BRASS, ARE MORE CONCERNED WITH THEIR DAMN POLITICAL CAREER THEN THEY ARE OF THE WELFARE, REPUTATION AND CAREERS OF THE OFFICERS THAT MAKE THEM LOOK GOOD!!!

Also, his FOP Lodge SHOULD be able to handle EVERYTHING and matter of fact, they SHOULD/NEED to be on the ball RIGHT NOW... and as other's stated, he needs to find and hire the damn best Attorney he can find, no atter what the cost because if he plays his cards right, his department/county/state/whatever will end up paying for everything.

GOOD LUCK TO HIM!!

Rate

Rate This | Posted 5 months ago

SLICK418 says ...

The thing is that those who are willing to help him were told by the Chief of Police not to do it. The Chief of Police has not bothered to call the D.A. to find out what is going on; furthermore, the Chief of Police has told the officer that he is not calling the D.A. to find ANYTHING out. Plus, an internal has not been done at all. Like I said earlier, the incident took place over a year ago.

Sounds like a G-DAMN lawsuit against the Chief!!! It seems like the Chief has a MAJOR bias against this officer. He needs to contact his lodge, his attorney(s) and the damn MEDIA.

Does anyone else agree with me on this one??

Rate

Rate This | Posted 5 months ago

BTW: Mind posting the Chief's name?

Rate

Rate This | Posted 5 months ago

Jesus, I HATE this forums software. I just spent an ungodly amount of time posting info and the software won't let me post it because of format. I have tried 6 times. SOOOOOOOOO, I went through it all and reformatted it in MS Word. I can also email it to you!!

I sure hope this helps. This is probably about 95% of the info you can get.

If I had taken the BAR, I would personally represent this Officer. If you need any other advice, info, etc., please ask. If I do not know it, I can talk to one my friends, call one of my old Professors and/or call the BAR Assoc.

Justin

*I have to break this up into multiple replies.*

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

Slick, here is the North Carolina's Lawyer Directory. You or your buddy can find an entire team of lawyers who Have background in LE and backgrounds in cases like this.

http://northcarolina.lawinfo.com/

Also, here is a country wide database for WRONGFUL TERMINATIONS ATTORNEYS

http://www.wrongful-termination-lawyer.com/

I took Law at Seton Hall U. though I never took the bar.... here is some advice that I dug up. I also found you just about every Wrongful Term and LE background Lawyers in the State of North Carolina.

How to Choose Wrongful Termination Attorneys

If you have been fired by your employer for reasons that you do not feel are legitimate, then you can protect your employment rights by hiring wrongful termination attorneys. Wrong termination attorneys can give you the defense representation services that you need in court to make sure that you get everything that you deserve. When you contact the wrong termination lawyers, ask them how long they have been in business. Those who have been in business longer usually have more experience working with wrongful termination cases so they should know the laws and rights that apply to you case. Ask the lawyers if they studied job rights and corporation law and regulation while they were in law school. You should also make sure that they graduated from a reputable school and that they are current with the Bar Association. Ask them if they offer legal counsel to help you decide if you have a case before going to court. This will allow you to meet with the lawyer, talk about the company you worked for, the reasons that you lost your job, and determine if your general insurance policy can provide you with income while you are fighting for you job. The attorneys might suggest meeting having a meeting with the business that terminated you to decide if there is a way that you can get your employment benefits without going to court. Employees and employers that can come to a compromise without going to court often save money by avoiding court costs and more legal fees.

Wrongful termination attorneys are often expensive, and courts can often supply attorneys who work on a voluntary rate. Various wrongful termination attorneys are often knowledgeable and educated in different fields that have to do with termination rights and business issues. Wrongful termination attorneys often handle some incidents that are dissimilar to criminal charges, such as professional and personal charges, in addition to other legal and termination concerns. Numerous people require the services that wrongful termination attorneys provide, due to the fact that some of these customers think they have no place to go when it comes to wrongful termination issues.

Rate

Rate This | Posted 5 months ago

Here is the NATIONAL WRONGFUL EMPLOYMENT TERMINATION Lawyers Assn.

CALL THEM!!!!

Telephone: 415-296-7629

Address: 44 Montgomery Street, Suite 20

San Francisco, CA 94104

Also, I have an entire list of North Carolina Wrongful Term AND Law Enforcement background Lawyers. I have HUNDREDS for you that I just got from a search on the Bar Association Website. Give me an email addy to send it to.

For some reason, the forum won't let me post it because of it's format. Nevermind... I took the time to reformat it for you.

BRENT AND ADAMS ASSOCIATES 910-892-8177

Fayetteville, North Carolina 28301

FRANCISCO GEORGE ATTORNEY 336-760-3538

Winston Salem, North Carolina 27101

WHITLEY JENKINS AND RIDDLE 919-778-9700

Goldsboro, North Carolina 27530

JOHNSON SCOTT N ATTORNEY 919-934-6187

1 Courthouse Sq

Smithfield, North Carolina 27577

GARRY WHITAKER P C 336-777-1195

1 N Marshall St

Winston Salem, North Carolina 27101

BRINKLEY WALSER PLLC 336-249-4572

Rate

Rate This | Posted 5 months ago

10 Lsb Plz

Lexington, North Carolina 27292

BAIN AND RODZIK PC 910-762-1199

107 N 2nd St # C

Wilmington, North Carolina 28401

KELLUM LAW FIRM 252-442-3975

224 N Fairview Rd

Rocky Mount, North Carolina 27801

RIVENBARK CHRISTINA AND ASSOCI 910-259-6551

401 Chestnut St #d

Wilmington, North Carolina 28401

MARTIN AND JONES 919-821-0005

4100 Glenwood Ave #200

Raleigh, North Carolina 27612

MORGAN JAMES F ATTORNEY 336-882-3134

416 Hillcrest Dr

High Point, North Carolina 27262

HUFF J CHRIS ATTORNEY 910-864-6888

4200 Morganton Rd #103

Fayetteville, North Carolina 28314

LAW OFFICES OF LEE AND SMITH P 828-322-6471

437 Main Ave Southw

Hickory, North Carolina 28602

DUNGAN AND MITCHELL PA 828-254-4778

5 Rankin Ave

Asheville, North Carolina 28801

SUSAN E RHODES P A 704-867-7321

501 W Garrison Blvd

Gastonia, North Carolina 28052

HARRIS CELESTE M ATTORNEY 336-725-7990

514 S Stratford Rd #333

Winston Salem, North Carolina 27103

GRIMES AND TEICH 828-251-0800

535 College St

Asheville, North Carolina 28801

PRICE SMITH HARGETT PETHO AND 828-248-1448

552 Oak St

Forest City, North Carolina 28043

DAVID AND ASSOCIATES 910-592-8400

610 Beaman St

Clinton, North Carolina 28328

SPIRO JAMES M PA 828-586-2466

629 W Main St

Sylva, North Carolina 28779

HALL AND HORNE L L P 910-350-0879

718 Market St

Wilmington, North Carolina 28401

Rate

Rate This | Posted 5 months ago

WHITLEY JENKINS AND RIDDLE 910-455-5599

901 Hargett St #b

Jacksonville, North Carolina 28540

THE LAW OFFICES OF RICHARD A P 704-373-0203

907 N Charlotte Ave

Monroe, North Carolina 28110

LAW OFFICES OF LEE AND SMITH 704-633-8681

909 S Main St #200

Salisbury, North Carolina 28144

ROOT ALLAN P ATTORNEY 828-645-7080

Main St

Weaverville, North Carolina 28787

SANDRA RAY CRINER ATTORNEY AT 910-251-2552

Pender

Wilmington, North Carolina 28401

BM AND K BRUMBAUGH MU AND KING 910-455-4065

Po Box 1088

Jacksonville, North Carolina 28541

DEATON AND BIGGERS ATTORNEYS A 704-482-7300

402 E Graham St

Shelby, North Carolina 28150

ATTORNEYS RINEHART MATTHEWS SC 803-285-2900

101 S Catawba St

Lancaster, North Carolina 29720

ATTORNEYS RINEHART MATTHEWS SC 803-329-4200

101 S Catawba St

Lancaster, North Carolina 29720

ATTORNEYS AND COUNSELORS AT LA 803-327-1103

223 E Main St

Rock Hill, North Carolina 29730

ATTORNEYS RINEHART MATTHEWS SC 803-285-2900

1339 Ebenezer Rd # 200

Rock Hill, North Carolina 29732

SESSIONS T SCOTT ATTORNEY 910-640-1485

130 Jefferson St

Whiteville, North Carolina 28472

Rate

Rate This | Posted 5 months ago

FRANCISCO GEORGE ATTORNEY 336-760-3538

Winston Salem, North Carolina 27101

HARRIS CELESTE M ATTORNEY 336-725-7990

514 S Stratford Rd #333

Winston Salem, North Carolina 27103

HERRING W DAN ATTORNEY 336-883-0481

1831 Country Clb Dr

High Point, North Carolina 27262

MARTIN AND JONES 919-821-0005

4100 Glenwood Ave #200

Raleigh, North Carolina 27612

BAGWELL HOLT AND SMITH PA 919-401-0062

111 Cloister Cts #200

Chapel Hill, North Carolina 27514

RIVENBARK CHRISTINA AND ASSOCI 910-259-6551

401 Chestnut St #d

Wilmington, North Carolina 28401

GARRY WHITAKER P C 336-777-1195

1 N Marshall St

Winston Salem, North Carolina 27101

WHITLEY JENKINS AND RIDDLE 919-778-9700

Goldsboro, North Carolina 27530

HOWLE JEFFREY A ATTORNEY 704-867-3688

223 W Main Ave #a

Gastonia, North Carolina 28052

BRINKLEY WALSER PLLC 336-249-4572

10 Lsb Plz

Lexington, North Carolina 27292

MORGAN JAMES F ATTORNEY 336-882-3134

416 Hillcrest Dr

High Point, North Carolina 27262

THE MCGOUGAN LAW FIRM 910-640-2847

130 Jefferson St

Whiteville, North Carolina 28472

SANDRA RAY CRINER ATTORNEY AT 910-251-2552

Pender

Wilmington, North Carolina 28401

WHITLEY JENKINS AND RIDDLE 910-455-5599

901 Hargett St #b

Jacksonville, North Carolina 28540

Rate

Rate This | Posted 5 months ago

JESUS H. CHRISTMAS, THAT WAS ONE OF THE MOST HORRID ADVENTURES IN POSTING INFORMATION ON A WEBSITE THAT i HAVE EVER DONE!!!! LOL LOL!

BUT IT WAS ALL WORTH IT.

I know it's a tad difficult to read, but it was the ONLY way I could get the info posted into a reply because for some reason, the softre that our website runs on....SUCKS!!! LOL **POLICELINK NEEDS NEW FORUM SOFTWARE. LOL **

To make your buddies life easier, you can either copy and paste each of my replies into Microsoft Word and it should automatically reformat it OR since I already have it done, I can email it to you AND/OR your buddy.

Let me know and I sincerly hope this information helps!!!!

Justin

18 posts