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left-of-center2012

(34,195 posts)
Mon Aug 23, 2021, 05:53 PM Aug 2021

California officer shoots at suspect but kills bystander

A California police officer accidentally killed a bystander sitting in a car while shooting at a suspect over the weekend, authorities said. The shooting occurred at about 9:40 p.m. Saturday in the small coastal city of Guadalupe, the Santa Barbara County Sheriff’s Office said in a statement Sunday.

Guadalupe police officers recognized a person at an intersection as a suspect with an outstanding felony arrest warrant, the statement said. Killed when the officer opened fire was Juan Luis Olvera-Preciado, 59 of Guadalupe, who died at the scene, the statement said. The felony suspect was arrested.

Guadalupe Police Chief Michael Cash asked the sheriff’s office to conduct the investigation but ... the incident fell under a state law that requires the attorney general to investigate incidents of officer-involved shootings that result in the death of an unarmed civilian.

Chief Cash “met personally with the Olvera-Preciado family to offer his condolences ...” the statement said. Authorities did not immediately identify the officer who opened fire or the suspect who was arrested the statement said.

https://abcnews.go.com/US/wireStory/california-officer-shoots-suspect-kills-bystander-79601887?cid=clicksource_4380645_1_heads_hero_live_headlines_hed
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GregariousGroundhog

(7,515 posts)
3. The person the police took into custody is at significant risk of a murder charge here
Mon Aug 23, 2021, 06:18 PM
Aug 2021

It may have been a police officer who fired the fatal shots, but the guy taken into custody can be charged with murder if a prosecutor thinks they can prove that a felony was committed which displayed "reckless indifference" to another person's life.

GregariousGroundhog

(7,515 posts)
9. They watered it down, but it is still there.
Mon Aug 23, 2021, 07:21 PM
Aug 2021

Instead of being liable for any death that happened during a felony, now one of four criteria needs to be met in order for the felony murder rule to apply. Three of them clearly do not apply, but one of them is displaying "reckless indifference" to another person's life during the commission of the felony.

I guess what I'm curious about is whether showing reckless indifference toward the police officer would make the suspect responsible for the civilian shot by the officer.

Mr.Bill

(24,253 posts)
4. They'll charge the suspect they arrested
Mon Aug 23, 2021, 06:20 PM
Aug 2021

with murder and they think that will fix everything. I'm not kidding.

BlueIdaho

(13,582 posts)
6. In a decade old report on New York City police - only 30% of shots fired
Mon Aug 23, 2021, 06:35 PM
Aug 2021

Hit their intended target. 30%… that means 70% of shots fired hit something or someone else.

Straw Man

(6,622 posts)
7. That's partly due to ...
Mon Aug 23, 2021, 06:53 PM
Aug 2021

... the infamous "New York trigger" that the NYPD brass insisted be installed on the Glocks their officers carry. The trigger pull weight is 12 pounds. The ostensible purpose is to reduce unintended discharges. It may do that, but an unfortunate side effect is that it makes the pistols much more difficult to fire accurately. The standard pull weight of a Glock pistol is 5.5 pounds. A 12-pound trigger on a 2-pound pistol is a recipe for inaccuracy; holding that pistol steadily on-target while trying to pull 12 pounds with one finger is extremely difficult.

The proper way to reduce unintended discharges is training. Simply put, the officers have to learn to keep their goddamned fingers off the trigger until they intend to shoot. That seems to be a difficult concept for the more trigger-happy among them.

Caliman73

(11,726 posts)
11. Cardinal Rules of firearm safety.
Mon Aug 23, 2021, 07:37 PM
Aug 2021

Treat every firearm as if it is loaded, at all times.

Keep your finger off of the trigger until ready to fire.

ALWAYS be aware of what is behind your target. Bullets can travel long distances and penetrate through objects.

NEVER aim your firearm at ANYTHING you are not willing to destroy/kill.

How many of these rules did the police officer brake?

Why did he/they feel the need to shoot at the suspect? Did the suspect fire at officers? Did he even have a gun or other weapon? Was he threatening the officer's safety?

Lots of questions about this. Unfortunately none of the answers will bring Mr. Olvera-Preciado back.

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