PDA

View Full Version : Man gets five years for shooting at "no knock" cop raiders in home.




Anti Federalist
10-21-2010, 11:49 AM
Judge tells him AR15 and magazines belong in Vietnam not in a home.

This is case where I'm willing to play the "race card".

While I'm not positive of all the facts here, I'm willing to bet, younger black man, possibly not of the most savory character, in a high crime area, set up on "informant charges" with a hack court appointed attorney telling him to plead out and being tried in the Dirty South.

Yah, not much chance of "justice" being done here.



Man gets five years in deputy shootings

http://www.2theadvocate.com/news/latest/105231338.html?showAll=y&c=y

A 31-year-old man was sentenced to five years in prison Monday shortly after pleading guilty to shooting two narcotics detectives when they tried to execute a “no-knock’’ search warrant at his north Baton Rouge home in 2008.

State District Judge Chip Moore also ordered Ellis Henry Jr. to be put on active supervised probation for five years after he is released from prison.

Henry allegedly fired nine shots at East Baton Rouge Parish Sheriff’s Office detectives from inside his home at 2569 73rd Ave., according to an affidavit of probable cause.

One deputy was hit in the knee, and another was shot in the calf. That deputy also was struck in the chest but was wearing a bullet-proof vest, sheriff’s officials said after the shooting about midnight Aug. 5, 2008.

Henry initially was booked on six counts of attempted first-degree murder because six deputies involved in the execution of the search warrant were in his line of fire.

“You could have killed two people,’’ Moore said of the two deputies Henry shot. “You probably could have killed more than that.’’

The judge said two weapons — a 9 mm handgun and an AR-15 semiautomatic rifle — seized during the search are to be forfeited and/or destroyed.

Moore noted that a 70-round magazine of ammunition also was found in Henry’s home.

“That’s something you have in Vietnam, not inside your house,’’ the judge told Henry. “We’re not in a war here. Seems like we are.’’

Henry, who declined Moore’s invitation to address the court, pleaded guilty to a charge of aggravated assault upon a police officer with a firearm.

He was indicted last year on two counts of attempted second-degree murder, one count of illegal use of weapons and one count of possession with intent to distribute cocaine.

East Baton Rouge Parish District Attorney Hillar Moore III said his office had thoroughly reviewed the case in preparation for a trial that was supposed to start Monday.

“We believe this was the best outcome,’’ he said, noting that Henry is a first-time offender and that there were some inconsistencies in the statements of lay witnesses.

The district attorney also said Henry made a 911 call during the encounter.

Tommy Damico, one of Henry’s attorneys, told the judge that Henry lives in a high-crime area.

Damico said after court that Henry and his fiancée thought the detectives were burglars.

“He did not know it was police officers breaking down his door,’’ Damico added.

Henry’s fiancée, Crystal Magee, said after the shooting that the men were dressed in plain clothes, did not knock and did not identify themselves until after shots were fired.

Sheriff’s officials disputed those statements, saying after the shooting that the deputies wore vests with “sheriff’’ written on them in yellow, shouted “search warrant’’ and “Sheriff’s Office’’ while they knocked on the door with a battering ram, and used emergency lights from two patrol vehicles to illuminate the house.

“We had some conflicting testimony that that wasn’t the case,’’ Damico said.

Damico added that the Sheriff’s Office and Henry could have handled the situation better.

The affidavit of probable cause says detectives obtained the no-knock search warrant after a confidential informant bought suspected crack cocaine from Henry.

KCIndy
10-21-2010, 11:57 AM
In a recent thread discussing some of these no-knock warrant fiascos, I remember someone asking why homeowners didn't shoot back. Well, here ya go.... Damned if you do, damned if you don't.

Glad those anonymous dudes in black with the automatic weapons are here to protect and serve.

KCIndy
10-21-2010, 12:02 PM
The judge said two weapons — a 9 mm handgun and an AR-15 semiautomatic rifle — seized during the search are to be forfeited and/or destroyed.

Moore noted that a 70-round magazine of ammunition also was found in Henry’s home.

“That’s something you have in Vietnam, not inside your house,’’ the judge told Henry. “We’re not in a war here. Seems like we are.’’




Yeah, because the last thing we need are a bunch of heavily armed dudes on our streets waving automatic weapons. :rolleyes:


http://www.post-gazette.com/pg/images/200904/20090406brk_ds_swat_shooting_3_500.jpg

oyarde
10-21-2010, 12:20 PM
Crazy .

Dr.3D
10-21-2010, 12:46 PM
They didn't say if the cops found what they were supposed to be searching for. Was there in fact drugs in the house, or did they just knock down his door to see if he would fire on them?

Wesker1982
10-21-2010, 01:02 PM
How did he come out alive?!?!?:eek:

oyarde
10-21-2010, 01:08 PM
Whoever thought of no knock warrants ?

Indy Vidual
10-21-2010, 01:08 PM
Yeah, because the last thing we need are a bunch of heavily armed dudes on our streets waving automatic weapons. :rolleyes:


http://www.post-gazette.com/pg/images/200904/20090406brk_ds_swat_shooting_3_500.jpg

They won't hurt you; This (below) is real danger to our country. :rolleyes:

http://andrewsullivan.theatlantic.com/.a/6a00d83451c45669e20134884f956f970c-800wi

oyarde
10-21-2010, 01:17 PM
lol , until I saw the Baylor sign , I just thought it was a party at Barney Frank's .

oyarde
10-21-2010, 02:10 PM
What the judge said about the weapons in the home is disturbing.

HOLLYWOOD
10-21-2010, 03:29 PM
a 9 mm handgun and an AR-15 semiautomatic rifle — seized during the search are to be forfeited and/or destroyed.

Moore noted that a 70-round magazine of ammunition also was found in Henry’s home.

“That’s something you have in Vietnam, not inside your house,’’ the judge told Henry. “We’re not in a war here. Seems like we are.’’

Obviously this elitist aristocrat judge hasn't been through most American communities. They are semi-automatic weapons... not automatic like the military equipped POLICE STATE.

This is another example of the Judicial Branch creating/setting policies/laws upon the people. Plus absolute ignorance on the Judge's judgment.

Now that we see the state handing out huge prison sentences on these BS plead deals... you might as well go full out against the Judicial System and go with a Jury that your lawyers spend more time of 'WE THE PEOPLE" vs. 'THE ESTABLISHMENT POLICE STATE'

JURY NULLIFICATION!

phill4paul
10-21-2010, 03:31 PM
They didn't say if the cops found what they were supposed to be searching for. Was there in fact drugs in the house, or did they just knock down his door to see if he would fire on them?


one count of possession with intent to distribute cocaine.

A second degree murder charge carries a life sentence at hard labor in LA. Illegal weapons charge is life without parole. Possession with intent will bring 10-30 at hard labor.

Not that it is justice, but I'm sure he feels 5 years wasn't a bad deal.

Kludge
10-21-2010, 03:36 PM
I'm sure he feels 5 years wasn't a bad deal.

uhhhhhhhhhhhhhhhhh, doubt it. In five years, his life will still be shattered by this ruling. He's a cop-killing convict (aka unemployable) who will have "unfrozen caveman" syndrome. He'll be very lucky to ever return to any kind of normal life.

GreenLP
10-21-2010, 03:49 PM
The affidavit of probable cause says detectives obtained the no-knock search warrant after a confidential informant bought suspected crack cocaine from Henry.
Isn't the Drug War swell?!

Anti Federalist
10-21-2010, 03:51 PM
uhhhhhhhhhhhhhhhhh, doubt it. In five years, his life will still be shattered by this ruling. He's a cop-killing convict (aka unemployable) who will have "unfrozen caveman" syndrome. He'll be very lucky to ever return to any kind of normal life.

No cops got killed.

They got hit, but not killed.

If they had, this guy would fry.

osan
10-21-2010, 07:06 PM
In a recent thread discussing some of these no-knock warrant fiascos, I remember someone asking why homeowners didn't shoot back. Well, here ya go.... Damned if you do, damned if you don't.

Glad those anonymous dudes in black with the automatic weapons are here to protect and serve.

Had he killed them all as he should have, it would be his word against those of six stiffs.

Oh wait - the ****** is always guilty.

Never mind.

amy31416
10-21-2010, 07:17 PM
Not to mention that they just sentenced this guy to five years of rape--it may as well have been a life sentence.

Ever since I saw the stats on prison rapes, it's really bothered me--these jurors need to be made aware of just what sentence they're handing down, because I doubt they are.

Uriel999
10-21-2010, 07:28 PM
God I hate this rigged system. I hate American hating judges. Today while driving I saw a frightening sight...my county now has a SWAT team. Like that isn't going to be misused or anything...

Mike4Freedom
10-21-2010, 07:38 PM
That deputy also was struck in the chest but was wearing a bullet-proof vest, sheriff’s officials said after the shooting about midnight Aug. 5, 2008.

Damn!

oyarde
10-21-2010, 07:38 PM
God I hate this rigged system. I hate American hating judges. Today while driving I saw a frightening sight...my county now has a SWAT team. Like that isn't going to be misused or anything...

Getting ready to serve some no knock warrants ? They have one in my hometown too . It is not needed. Just expense on the taxpayers dime .

oyarde
10-21-2010, 07:40 PM
Not to mention that they just sentenced this guy to five years of rape--it may as well have been a life sentence.

Ever since I saw the stats on prison rapes, it's really bothered me--these jurors need to be made aware of just what sentence they're handing down, because I doubt they are.

There is no way I would convict that guy . No evidence . He should walk .

UtahApocalypse
10-21-2010, 07:51 PM
Self Defense from unknown intruders into the home.

amy31416
10-21-2010, 07:52 PM
There is no way I would convict that guy . No evidence . He should walk .

I agree. But the sad fact is that this guy probably couldn't afford a decent attorney.

oyarde
10-21-2010, 07:57 PM
I agree. But the sad fact is that this guy probably couldn't afford a decent attorney.

I should of gone to law school , I would volunteer to represent a guy like that .If those guys came into my house unannounced they would likely be dead. I would be in deep .

tangent4ronpaul
10-21-2010, 09:02 PM
while they knocked on the door with a battering ram

ROTGLMAO!!!!!!!!!!!!!!

I think that tops "Military Intelligence" as the oxymoron of the century!

-t

james1906
10-21-2010, 09:34 PM
Not to mention that they just sentenced this guy to five years of rape--it may as well have been a life sentence.

Ever since I saw the stats on prison rapes, it's really bothered me--these jurors need to be made aware of just what sentence they're handing down, because I doubt they are.

People who shoot cops tend to get respect from the other inmates. The guards are going to treat him like shit though.

amy31416
10-21-2010, 09:49 PM
People who shoot cops tend to get respect from the other inmates. The guards are going to treat him like shit though.

I have a hunch that the guards are not above rape either.

Danke
10-21-2010, 10:38 PM
Not to mention that they just sentenced this guy to five years of rape--it may as well have been a life sentence.



People who shoot cops tend to get respect from the other inmates. The guards are going to treat him like shit though.



I have a hunch that the guards are not above rape either.

How come you two know so much about this sort of thing?

Philhelm
10-21-2010, 10:53 PM
How come you two know so much about this sort of thing?

They were my prison mates.

Pericles
10-21-2010, 11:37 PM
I have to consider it as no different than any other variety of home invasion - it is a fight to the death. I don't choose it that way, the path has been determined by others.

Live_Free_Or_Die
10-21-2010, 11:38 PM
In a recent thread discussing some of these no-knock warrant fiascos, I remember someone asking why homeowners didn't shoot back. Well, here ya go.... Damned if you do, damned if you don't.

He did the right thing defending his home from armed criminals. Hopefully the next person that shoots back has better aim. Once enough people shoot back this bullshit practice of no knock warrants will end. There is nothing honorable about a no knock warrant.

TIP: Install a home surveillance system so you have evidence.

youngbuck
10-21-2010, 11:59 PM
He shouldn't be charged with anything. For all intents and purposes, he made a valiant effort to defend his individual rights. For that he should be commended, and the cops dismissed because of their acts of negligent aggression.

GunnyFreedom
10-22-2010, 12:24 AM
Judge tells him AR15 and magazines belong in Vietnam not in a home.

...

One deputy was hit in the knee, and another was shot in the calf. That deputy also was struck in the chest but was wearing a bullet-proof vest, sheriff’s officials said after the shooting about midnight Aug. 5, 2008.


WTF are they issuing those guys nowadays, Dragonskin? I don't know many vests -- or even ballistic plates for that matter -- that will stop a 5.56 NATO at short range. were these rounds low MV 45 gr or what? :confused:

Multiple layers of ballistic ceramic plates or Dragonskin...who knows...If a .223 round was really absorbed in a chestplate, then these guys actually anticipated a level III threat. Nobody wears level III armor without actually anticipating a high powered rifle threat. Try moving tactically with 70lbs strapped around your chest....

phill4paul
10-22-2010, 03:46 AM
uhhhhhhhhhhhhhhhhh, doubt it. In five years, his life will still be shattered by this ruling. He's a cop-killing convict (aka unemployable) who will have "unfrozen caveman" syndrome. He'll be very lucky to ever return to any kind of normal life.

I specifically mentioned that it wasn't justice. However, given the worst case scenarios regarding the charges and probably had a "public" defender assigned ...
5 yrs. > life without parole.

Live_Free_Or_Die
10-22-2010, 04:06 AM
WTF are they issuing those guys nowadays, Dragonskin? I don't know many vests -- or even ballistic plates for that matter -- that will stop a 5.56 NATO at short range. were these rounds low MV 45 gr or what? :confused:

Multiple layers of ballistic ceramic plates or Dragonskin...who knows...If a .223 round was really absorbed in a chestplate, then these guys actually anticipated a level III threat. Nobody wears level III armor without actually anticipating a high powered rifle threat. Try moving tactically with 70lbs strapped around your chest....

Ya... WTF???

We need to scale back these Police budgets so they have to show up and take defensive incoming fire like any other human being. :)

Ranger29860
10-22-2010, 05:42 AM
WTF are they issuing those guys nowadays, Dragonskin? I don't know many vests -- or even ballistic plates for that matter -- that will stop a 5.56 NATO at short range. were these rounds low MV 45 gr or what? :confused:

Multiple layers of ballistic ceramic plates or Dragonskin...who knows...If a .223 round was really absorbed in a chestplate, then these guys actually anticipated a level III threat. Nobody wears level III armor without actually anticipating a high powered rifle threat. Try moving tactically with 70lbs strapped around your chest....

If it was only one shot he might have got lucky. It probably shattered the plate on impact and if he were to be shot again had gone right through.