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West Virginia Police Officer Fired for not shooting gun toting man?

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,508
Location
nj
#1
Hi Folks

Please confirm the title of my post... I was driving home when I caught the tail end of the story. Supposedly a police officer was FIRED for not using deadly forced against a man with a gun (fake gun)?

Please say it isn't so.

Regards
CCJ
 

countryclubjoe

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nj
#2
Last edited:

solus

Regular Member
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Aug 22, 2013
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here nc
#3
the really sad perspective is the terminated officer did not speak up to his fellow officers to stand at the ready but stand down telling the officers the suspect apparently wanted to die that day.

that he states they were justified deplorable

ipse
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
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3,879
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Cincinnati, Ohio, USA
#4
But just then, two other Weirton officers arrived on the scene, Mr. Williams walked toward them waving his gun — later found to be unloaded — between them and Mr. Mader, and one of them shot Mr. Williams’ in the back of the head just behind his right ear, killing him.
This has me scratching my head.
 

MAC702

Campaign Veteran
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Jul 31, 2011
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Nevada
#5
Very interesting article. He was probationary, so apparently could be fired for any/no reason, but I'll bet he could have a defamation case against the city and the police chief for their public comments.
 

Joined
Jan 14, 2012
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16,172
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earth's crust
#6
Very interesting article. He was probationary, so apparently could be fired for any/no reason, but I'll bet he could have a defamation case against the city and the police chief for their public comments.
http://www.sjlaboremploymentblog.co...orker-who-filed-his-own-discrimination-claim/

I think that this guy would likely have a slam dunk wrongful termination lawsuit. While I do not see the public policy exception to the at-will employment relating to the desire of the agency to have its people kill on sight of a person purporting to have a gun w/o using any discretion; I think that its against public policy to do so...and a new exemption to the at-will employment would be created.


This guy hit the jackpot !
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
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nj
#7
Very interesting article. He was probationary, so apparently could be fired for any/no reason, but I'll bet he could have a defamation case against the city and the police chief for their public comments.

Probationary, usually probationary officers have a partner on shift with them until their probationary period is over however I guess different departments have different procedures. In my humble opinion the young ex officer has a decent case for a lawsuit.

I can see his counsel now informing the jury that his client was fired for NOT KILLING another human being.. CASE CLOSED.

Regards
CCJ
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,508
Location
nj
#9
This will bite the department in the arse every time there is a shooting. Every ambulance chaser will rub their nose in it forever.
Great point WW, also it would appear that the departments policy towards public safety is simply shoot, shoot,shoot or be FIRED...

Their motto seems to be " kill in the name of public safety"... Unreal.

Regards
CCJ
 

Joined
Jul 5, 2006
Messages
4,061
Location
Utah
#10
I could understand terminating a cop who demonstrated he was unable or unwilling to use deadly force when it was truly needed. Failing to protect his own life, that of another officer, or of an innocent bystander or victim because he just couldn't bring himself to pull the trigger would be grounds to terminate an officer.

But from the article it doesn't sound like that was the situation at all. The (now former) officer assessed the situation and determined the man was trying to commit suicide by cop, but wasn't posing an immediate threat.

That the man was "armed" is not the end-all-be-all of making such a determination. But the media sure loves to focus on that don't they? Most of us are visibly "armed" on a regular basis, though we tend to keep our guns holstered rather than having them in our hands. On the flip side, a couple of large men can present a deadly threat to most individuals despite being "unarmed". A single, committed man can present a deadly threat to a large portion of the population even if unarmed.

Not a good day for the WV Police Department involved here.

Charles
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
11,365
Location
White Oak Plantation
#12
St. Louis PD
Population: 354,361
City’s Average Salary: $40,630

Starting Salary for Police Officers: $37,514
Cost of Living Rank (in a 1-100 list): 23
Average Commute Time: 21.5 minutes
Job Growth Rank (in a list of 372 Highest Growth Cities): 179
Unemployment Rate: 9.2
!20K population on Weirton. $34K seems pretty darn good.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,419
Location
Northern Piedmont
#13
Chances are that action was taken to protect the guy who actually did the shooting - by treating the cop who didn't shoot as the bad cop, they're reinforcing the idea that the cop who committed the murder was the good guy who took action when necessary. That's important when someone files suit for wrongful death - and keep in mind that the system doesn't really care about either cop, they're treated as disposable commodities; I think that what's really going on here is that the PD and county want to be able to defend against and win a lawsuit by whatever means possible.
 

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