Newport News detective charged in case of road rage

[paramedic70002]

Or pulled his jacket back or had no jacket and turned his strong side to him or just rested his hand on it ...etc.

Virginia's brandishing law is extremely vague, many people have been charged who didn't even have a gun and more still, for just wearing one.

It's the most abused firearm law we have.

There is a part of that story that doesn't sound right "Pop a cap in me"....

Norfolk PD undercover Officer Seneca Darden was shot and killed by another Officer, in part because he was holding his sidearm "gangster style" sideways. Just because you're a cop doesn't mean you "talk like a cop" whatever that means. When you work the streets with thugs, you talk like a thug.

 

[Repeater]

The account given by WAVY-TV reports that Det Poole was actually "On the clock".

I haven't seen anything that indicates that he identified himself as a LEO to the individuals he confronted.

Following an armed individual who has threatened you is an extremely risky endeavor. These two guys should be commended.

That would be dirty Poole.

Sorry -- couldn't resist. ...

 

[Fuller Malarkey]

I don't see how if he was off duty and not in uniform it could be "unauthorized" in VA. He didn't check his 2A rights at the door when he became a LEO and § 15.1-29.15 would still apply.

Investigators tell WAVY.com the 27-year police veteran was driving an unmarked vehicle during the incident and he was not in uniform, but he was on duty.

http://www.wavy.com/dpp/news/crime/detective-charged-in-road-rage-incident

 

[Marco]

unauthorized

How do you get not issued to = unauthorized????
While there are dept's that require officers/deputies to carry Gun A while on duty others allow officers/deputies to carry any handgun from a list of approved makes and models.

Just because you're a cop doesn't mean you "talk like a cop" whatever that means. When you work the streets with thugs, you talk like a thug.

Yep... Had a LVMPD officer once tell me she was going to kick my ****** ass.....(maybe that's normal cop talk)
She is no longer with LVMPD and I didn't get my ass kicked either.


If the allegations are true this guy should have the title of ex police officer with no pension.

 

[jegoodin]

The account given by WAVY-TV reports that Det Poole was actually "On the clock".

Roger, I stand corrected.

 

[OC for ME]

Norfolk PD undercover Officer Seneca Darden was shot and killed by another Officer, in part because he was holding his sidearm "gangster style" sideways. Just because you're a cop doesn't mean you "talk like a cop" whatever that means. When you work the streets with thugs, you talk like a thug.

It's "gangsta" not "gangster.

 

[1245A Defender]

well,,,

It's "gangsta" not "gangster.

a distiction without a correction.

we dont need to talk like them,, in order to talk about them.
ebonics is for loosers.
I prefer english!

 

[user]

"Unauthorized" handguns for off-duty (i.e., not employment related) use?

I wonder if those guys have read Art. 1, Sect. 13 of the Va. Constitution
or Va. Code Sect. 15.2-915?

 

[Ric in Richmond]

a distiction without a correction.

we dont need to talk like them,, in order to talk about them.
ebonics is for loosers.
I prefer english!

Still trying to decide if the speelling misteak was intentional prior to the english comment.... (mine were I and I think it was)

Either way you pull a gun on me I am not following you anywhere. Will try to get a tag number and the call the PD, but you be on your way!!!

Glad this officer is being held to the standards you and I would be.

 

[peter nap]

Still trying to decide if the speelling misteak was intentional prior to the english comment.... (mine were I and I think it was)

Either way you pull a gun on me I am not following you anywhere. Will try to get a tag number and the call the PD, but you be on your way!!!

Glad this officer is being held to the standards you and I would be.

One of the reasons I'd like to know if he actually drew his gun is that with some less tolerant people, he'd have gotten shot. I'm curious as to how the charges would work considering both parties were apparently flipping each other the bird.

Either way you pull a gun on me I am not following you anywhere.

I'd have just thrown some books at him and dialed 911 Rick!:uhoh:

 

[Thundar]

It's a misdemeanor. He won't lose his gun rights but if he's guilty he should and may lose his jobs.

Sometimes brandishing is a misdemeanor and sometimes it is a felony. If there is a public, private or parochial school within 1500' then it is a felony

Newport News GIS indicates no public school within 1500 ft, but it is not so easy to check for private or parochial school.

 

[Fuller Malarkey]

"Unauthorized" handguns for off-duty (i.e., not employment related) use?

I wonder if those guys have read Art. 1, Sect. 13 of the Va. Constitution
or Va. Code Sect. 15.2-915?

Investigators tell WAVY.com the 27-year police veteran was driving an unmarked vehicle during the incident and he was not in uniform, but he was on duty.

http://www.wavy.com/dpp/news/crime/d...-rage-incident

You'll also note the strategically placed qualifier "seems" employed just prior to the mention of the word "unauthorized". Placed to question the possibility of other rogue activity by this police officer. The police department found it pertinent to clarify the weapon found on the officer was not department issued.

"According to the victim, Poole displayed a handgun before driving away. Thurston says the handgun was not issued by the police department."

 

[peter nap]

Sometimes brandishing is a misdemeanor and sometimes it is a felony. If there is a public, private or parochial school within 1500' then it is a felony

Newport News GIS indicates no public school within 1500 ft, but it is not so easy to check for private or parochial school.

He was charged with Misdemeanor Brandishing Thundar. Could be upgraded but I doubt it.

We should try to fix that thousand foot rule so ChiPpers can only be charged with Misdemeanors.

 

[2a4all]

If Det Poole is allowed to retire, he'd normally be eligible for certification to carry under LEOSA.

18.2-308. Personal protection; carrying concealed weapons; when lawful to carry; penalty.
B.7a. Any person who is eligible for retirement with at least 20 years of service with a law-enforcement agency or board mentioned in subdivision 7 who has resigned in good standing from such law-enforcement agency or board to accept a position covered by a retirement system that is authorized under Title 51.1, provided such person carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the agency from which he resigned or, in the case of special agents, issued by the State Corporation Commission or the Alcoholic Beverage Control Board. A copy of the proof of consultation and favorable review shall be forwarded by the chief, Board or Commission to the Department of State Police for entry into the Virginia Criminal Information Network. The chief law-enforcement officer shall not without cause withhold such written proof if the law-enforcement officer otherwise meets the requirements of this section.

I wonder if Chief Fox has given this any thought.

 

[mobeewan]

Investigators tell WAVY.com the 27-year police veteran was driving an unmarked vehicle during the incident and he was not in uniform, but he was on duty.

http://www.wavy.com/dpp/news/crime/d...-rage-incident

You'll also note the strategically placed qualifier "seems" employed just prior to the mention of the word "unauthorized". Placed to question the possibility of other rogue activity by this police officer. The police department found it pertinent to clarify the weapon found on the officer was not department issued.

"According to the victim, Poole displayed a handgun before driving away. Thurston says the handgun was not issued by the police department."

Maybe it was his throw away, er uh, I mean back up piece.

 

[Mayhem]

I spoke to a cop and they said they can carry a privately purchased "off duty" gun as long as it was on the department's approved list. They also needed to get some kind of permission from the chief too.

I wish the media would have identified how the gun was displayed. In the holster, draw, pointed???

The cop supposedly followed them to a parking lot and they exchanged words.

Two people vs one cop.... This should be interesting!!! I think someone might lose their job.

 

[ProShooter]

Someone remind me again how this thread has anything to do with open carry in Virginia?

 

[Marco]

Someone remind me again how this thread has anything to do with open carry in Virginia?

Let's see.
The firearm might have been just resting in it's holster (without the badge being visible) and not used to induced fear in the other involved party and the guy complained about the firearm being brandished.

Does that help?

The story lacks substance/details....

Let's see how this pans out..

If the LEO didn't use/try to use the firearm to induced fear or threaten the other involved party he might just be a idiot for getting involved in this incident by following the guy that complained...I wonder which of the story's is true.

This could never involve a VA forum OCDO regular as we are all calm and we know better than to get involved in such childish antics on the road

 

[skidmark]

Someone remind me again how this thread has anything to do with open carry in Virginia?

It has to do with OC in Virginia because the law against brandishing is itself confusing, and the case law makes it even more confusing to be able to tell if one is or is not brandishing.

Until clarification is made via a revised statute folks who OC are at risk of being charged with brandishing for a varity of actions that have (had) noting to do with physically touching the openly worn handgun.

Speculating that the cop was either OCing with an IWB holster (butt sticking up makes it OC, right?) or with an OWB holster (the two most common methods of carry for cops and the vast majority of Mundanes), knowing specifically how he was carrying and specifically what he is accused of doing to qualify as brandishing under the current law will be valuable information both to OCers and to those working to amend the current brandishing law.

stay safe.

 

[ProShooter]

It has to do with OC in Virginia because the law against brandishing is itself confusing, and the case law makes it even more confusing to be able to tell if one is or is not brandishing.

Until clarification is made via a revised statute folks who OC are at risk of being charged with brandishing for a varity of actions that have (had) noting to do with physically touching the openly worn handgun.

Speculating that the cop was either OCing with an IWB holster (butt sticking up makes it OC, right?) or with an OWB holster (the two most common methods of carry for cops and the vast majority of Mundanes), knowing specifically how he was carrying and specifically what he is accused of doing to qualify as brandishing under the current law will be valuable information both to OCers and to those working to amend the current brandishing law.

stay safe.

That's a bit of a stretch, don't you think?