Call me scared?!
BUt ... I think the right to guns has gone a little overboard.
1> What the FRAK are you transit enforcement officers carrying guns!? There is no REASON for them to carry guns even to breakup a fight. Its on the subway train, trains use glass or plexiglass windows. Train can be stopped midway between stations and the REAL police called in to trap suspects and deal with it.
Couple of shady things.
1> The girl that recorded the incident did as best she could, given the pandomonium. However there is a quick glimpse that the man just prior to being shot raised his two hands JOINED as if twisty tied. So why was he shot?
2>
The officer is being represented by a Sacramento law firm. A call to that office was not returned.
Thats fine, they don't legally have to respond, but I think just simply stating that we're taking a statement and co-operating with authorities would be sufficient.
3> BART spokesman Jim Allison
Allison also reconfirmed that surveillance cameras at the station do not record. He said station cameras "historically" have not recorded what they view and are there primarily for "counterterrorism."
Hmmf! RIIIIGHT! Counterterrorism ... if that actually happened how the FRAK is homeland security going to get evidence or any leads on anything occuring if NO RECORDING is being done?! Shady!
4>
BART police did seize some cell phones from people on the platform who said they had used the phones' cameras to record what happened.
- ILLEGAL! No probable cause or right to confiscate any personal artificates of ANYONE not involved. BAR NONE!
5>
BART officials will only say the officer's gun "discharged."
This is FRAKING 2009 not 1899!! Guns don't just randomly "discharge" in the HANDS of an officer. If by chance it honestly DID, then the officer is at fault for not maintaining firearm care & maintenance and thus manslaughter (no intent to kill) should be charged or similar.
A) I don't care if the officer actually pressed the trigger or not he is at some fault (manslaughter II at the least). Why is he withdrawing a gun to a man, lying on his back on the floor?! Officer can use his foot or his body to "supress" the "assailant" to keep him at bay.
B) EVEN if the assailant is armed you do NOT FIRE until the assailant
- Takes a hostage and threatens lives; EVEN not right away!
- Is a danger to himself that affects OTHER lives!
- Officer's life is in danger; and even THEN should a warning be presented IMMEDIATELY, LOUDLY, and other officers can present threatening FORCE to persuade the assailant to reconsider. **** don't officers in the USA say "FREEZE" anymore?!
Either way officers are TRAINED and TAUGHT that their jobs they put their LIVES on the line and not to just simply fire in such a situation.
An autopsy by two coroners less influenced by BART or related city police, should be conducted. A REAL police investigation should also be conducted and if any of those confiscated cellphones where deleted of videos ... then suspicion to hide facts should be considered (is it not called abating and abetting criminal investigation).
Fight or no fight ... kids on NewYears Eve, morning of NewYears Day do stupid things! But they don't deserve to die because an officer cannot follow proper training or thought process correctly. Heck the BART officers looked like they had suspects all under control.