Cop killed in "friendly-fire incident"

[Brian4Liberty]

Some would say that tension levels have been ratcheted far too high...


DUBLIN -- A BART police officer was fatally shot by a colleague while conducting a probation search Tuesday afternoon at an apartment in Dublin -- the first officer killed in the line of duty in the transit police department's 42-year history, authorities said.

The shooting occurred at around 2 p.m. while BART and Dublin police officers were at an apartment complex in the 6400 block of Dougherty Road, said Sgt. J.D. Nelson of the Alameda County Sheriff's Office.

While inside the apartment, a BART officer fired one shot, wounding a fellow male officer, who later died at a hospital, Nelson said. Details of what led to the shooting were not immediately released.
...
The officers were there to serve a warrant for a suspect who was wanted in connection with several robberies that took place on BART property, Nelson said. Officers knew that the suspect, whose name was not released, was in custody at the time, he added.

It is protocol for police to have guns drawn when engaging in a probation search because they are not sure if anyone's inside, Nelson said. When police knocked on the apartment's door, no one answered; police knocked again, found that the door was unlocked and entered the apartment.
...
The last time a police officer in Alameda County was killed in a friendly-fire incident was in January 2001, when two Oakland police officers shot and killed an undercover detective.
...
More:
http://www.mercurynews.com/breaking-news/ci_24960548/dublin-bart-police-officer-shot-during-warrant-service

[kcchiefs6465]

Watch them attempt to charge the suspect with the homicide.

[kcchiefs6465]

http://i.imgur.com/U5EAT7w.png?1

pg. 171, Rise of the Warrior Cop: The Militarization of America's Police Forces, Radley Balko

If you haven't picked up and read the book I highly recommend it. Very illuminating.

[Occam's Banana]

Practice makes perfect ...

[Mani]

And the Dublin police force will use the officers death as reason they need more Federal money because their work is so dangerous. So they will get more toys and more tanks and more weapons.

This won't be an event that make them realize THEY should DE-Escalate their violent tactics, but rather ESCALATE their violent culture.

[Spikender]

Cops, who have a notoriously happy trigger finger and bad aim, having their guns drawn when they serve these warrants has always been the greatest thing ever. That way every time they raid the wrong place looking for someone, they can at least shoot somebody. It'd be a real shame if they couldn't bring any body bags home with them.

Thankfully in this case, it was one of their own... though how in the world one cop shot the other when they were both side by side going into the place makes no sense to me.

[Mani]

Cops, who have a notoriously happy trigger finger and bad aim, having their guns drawn when they serve these warrants has always been the greatest thing ever. That way every time they raid the wrong place looking for someone, they can at least shoot somebody. It'd be a real shame if they couldn't bring any body bags home with them.

Thankfully in this case, it was one of their own... though how in the world one cop shot the other when they were both side by side going into the place makes no sense to me.


Especially when the guy their after is already in custody....

[Anti Federalist]

Anybody question why transit cops were doing warrant service in the first place?

Every asshole with a badge gotta get in on breaking people's doors down I suppose.

[Spikender]

Anybody question why transit cops were doing warrant service in the first place?

Every asshole with a badge gotta get in on breaking people's doors down I suppose.

Ah, wouldya look at that, my eyes skimmed right over that precious little detail.

They want to make sure everyone gets a taste of mundane blood before the day is out.

[tod evans]

Where it you or I who had shot the cop we'd be up on charges post-haste, if we lived long enough to be placed in custody.

In this instance it's a causality of war...............War on us!

[specsaregood]

Anybody question why transit cops were doing warrant service in the first place?

Every asshole with a badge gotta get in on breaking people's doors down I suppose.

Yeah, that stuck out to me as well. I think the writer tried to justify that by adding, "suspect who was wanted in connection with several robberies that took place on BART property".

I'd wager it has to do with asset forfeiture customs nowadays. They figured, we got this guy, he did it on our watch so WE should be the ones to go to his apartment and steal anything of value to fund our department. Can't let those city cops potentially get any drug cash laying around.

[tod evans]

Asset forfeiture = spoils of war.

[pcosmar]

Anybody question why transit cops were doing warrant service in the first place?

Every asshole with a badge gotta get in on breaking people's doors down I suppose.

Here is another.

The Door was open,, The suspect was already in custody and the door was open.


When police knocked on the apartment's door, no one answered; police knocked again, found that the door was unlocked and entered the apartment.
...

Any lawyer that is not completely brain dead would question any "evidence" found, when anyone could have access.

[belian78]

Anybody question why transit cops were doing warrant service in the first place?

Every asshole with a badge gotta get in on breaking people's doors down I suppose.
That was my first thought. WTF are transit rent a pigs doing serving warrants? Sounds like this was a case of getting a problem officer that won't play ball outta the way to me.

[kcchiefs6465]

Here is another.

The Door was open,, The suspect was already in custody and the door was open.

Any lawyer that is not completely brain dead would question any "evidence" found, when anyone could have access.
The Supreme Court has been quite generous when chipping away the Exclusionary Rule. 1983 and 1984 rulings probably would allow the evidence to stand. Proving bad faith is practically impossible. And even then it is not a sure bet that the evidence would be suppressed.

[juleswin]

That was my first thought. WTF are transit rent a pigs doing serving warrants? Sounds like this was a case of getting a problem officer that won't play ball outta the way to me.

The family to check and see if he keeps a journal and read it. This is one reason why it is important for all of us to keep a physical journal, to clear doubt of any internal issues when all of a sudden your work mates shoot you by "accident"

[Brian4Liberty]

... how in the world one cop shot the other when they were both side by side going into the place makes no sense to me.

The scenarios are endless.

Peons are killed by accident on a daily basis, with no ramifications other than leave with pay, and a statement that procedures and "protocols" were followed. What will happen in this case? Probably just an internal dressing down, if it was accidental.

[Brian4Liberty]

It is protocol for police to have guns drawn when engaging in a probation search because they are not sure if anyone's inside, Nelson said.

Really? Is this a national "protocol"? Where does it come from? Who writes it? Is it the same as the law?

They treat this as if it excuses everything. "Oh, it's protocol to send in SWAT for an expired parking ticket. Unfortunately someone got shot, but it's protocol, so everything is justified and legal".

[Red Green]

But did the brave officer make it home OK....errr... nevermind.

[kcchiefs6465]

Cops, who have a notoriously happy trigger finger and bad aim, having their guns drawn when they serve these warrants has always been the greatest thing ever. That way every time they raid the wrong place looking for someone, they can at least shoot somebody. It'd be a real shame if they couldn't bring any body bags home with them.

Thankfully in this case, it was one of their own... though how in the world one cop shot the other when they were both side by side going into the place makes no sense to me.
They shoot each other rather regularly. From things such as a flash bang going off, they turn and unload on a general area. Whoever is on the wrong side of the wall etc. is getting shot. Whether that be, as most often is the case, the homeowner or an innocent or whether they shoot their counterparts. When someone dies during the commission of a felony, in many states at least, and I believe California is this way, everyone involved in said felony, down to even as mundane a role as a getaway driver, are charged with the murder. Breaking and entering is a felony. Anyone involved needs to be in a cage. Though needless to say, one can't get too choked up when a burglar accidentally shoots another burglar.

[SeanTX]

I can recall as least a half dozen or so instances of cops hitting other cops while shooting at dogs (some nice instant karma right there).

Then there have been all the mundanes killed by "accidental" discharges (like Sal Silva , who was SWATTED for the horrific crime of gambling on football games).

So excuse me if I don't care about this BART cop.

[Occam's Banana]

Anybody question why transit cops were doing warrant service in the first place?

Every asshole with a badge gotta get in on breaking people's doors down I suppose.

I noticed it on first reading.

But on the basis of the same qualifier noted by specsaregood, I just chalked it up to internecine jealousies/rivalries in cop-land.

The asset forfeiture angle hadn't occurred to me though ...


Yeah, that stuck out to me as well. I think the writer tried to justify that by adding, "suspect who was wanted in connection with several robberies that took place on BART property".

I'd wager it has to do with asset forfeiture customs nowadays. They figured, we got this guy, he did it on our watch so WE should be the ones to go to his apartment and steal anything of value to fund our department. Can't let those city cops potentially get any drug cash laying around.

[kcchiefs6465]

You never know the situation. He might have simply tried to tase his partner but pulled his gun out instead.

[angelatc]

The title says it all. I am confused as to why Transit Cops are executing search warrants.

https://www.mail.com/news/us/2595224-sheriff-slain-officer-wore-bulletproof-vest.html#.2807696-stage-related1-4


Smith, 42, was shot Tuesday while authorities searched a one-bedroom apartment in Dublin for a smartphone, laptop bag and related items stolen during an armed holdup at an Oakland train station. He was the first officer killed in the line of duty in the transit agency's 42-year history.


Police haven't officially named the officer who shot Smith, but he has been identified as Michael Maes, 50, a 13-year BART police veteran, according to government officials who spoke on condition of anonymity because they were not authorized to discuss the investigation


OK, has anybody else been robbed, or known anyone else who has been robbed? Have you ever seen the cops do anything but fill out a report?

[mrsat_98]

If they find that dude took the laptop and other things in a manner that was a felony, that dude is toast.

[KCIndy]

In a one bedroom apartment?

I wouldn't put it past the incompetence level of some of these guys to do that by accident, but still... I have to wonder if this one was something a bit more... personal.

[Dr.3D]

I'm still trying to figure out what an apartment was doing transiting at a train station.

[Suzanimal]

If they find that dude took the laptop and other things in a manner that was a felony, that dude is toast.

He was in custody before the shooting.


John Henry Lee. Authorities said a San Francisco Bay Area public transit officer who was shot and killed Tuesday, Jan. 21 by a fellow officer while searching the apartment of Lee, a robbery suspect. The officers were looking for a laptop and other stolen items.


BART police said in a statement that the San Leandro Police Department arrested Lee on Jan. 16 after an automobile burglary and subsequent chase that ended when the suspect lost control of his vehicle and hit a tree.

[mrsat_98]

He was in custody before the shooting.

Somebody died as a result of his felony, watch the state will run with it if dude actually stole the stuff.

[KCIndy]

I am confused as to why Transit Cops are executing search warrants.


I was wondering that too. There's more info from a follow-up story:

http://www.mail.com/news/us/2590126-slain-transit-officer-knew-dangers-police-work.html#.2595224-stage-related1-3


Rainey said it was common for BART officers to do searches as part of follow-up investigations to recover stolen property. "I'm very confident in the training that our personnel have received to make sure they're prepared to deal with these types of encounters and situations," Rainey said. "Because you never know what's on the other side of the door."

...and apparently the officer who was shot was the head of BART detectives (and WHY does a division of traffic cops need any detectives???):


Smith, 42, of San Ramon was in charge of the BART police detective unit. He is survived by his wife, also a BART officer, a 6-year-old daughter and two brothers who are also in law enforcement in the San Francisco Bay Area, Rainey said.

...but at least the following snippet clears up why there was so much confusion:


Rainey said seven BART officers and a sheriff's deputy were at the scene when the shooting occurred. Five of the BART officers were detectives in plainclothes, including Smith, and the officers knew a suspect already was in custody, he said, noting the officers were following agency policies and training......

....Wearing bulletproof vests, the officers began the search by knocking twice on the door of the apartment, Nelson said. The knocks went unanswered, but the door was unlocked, so four BART officers— including Smith— stepped inside with their guns drawn, Nelson added.

"If your door is unlocked, it usually means that somebody's there, so I'm sure that was in their mind that somebody was in the apartment at the time," he said. Nelson declined to elaborate on the shooting but said an officer fired at least one shot.

So there ya have it. Four heavily armed and armored dudes with a shared military fetish were storming a one bedroom apartment WHERE THEY EXPECTED TO FIND SOMEONE WORTH SHOOTING.

All I can say is thank God no innocent people were harmed in that cluster-f***.

[mrsat_98]

All I can say is thank God no innocent people were harmed in that cluster-f***.

Your exactly right, thank god no innocents where harmed.

[acptulsa]

Somebody died as a result of his felony, watch the state will run with it if dude actually stole the stuff.

No doubt of it.

You are responsible for our incompetence because if you hadn't committed a crime, we'd have never had to leave the donut shop.

Insanity.

[kcchiefs6465]

Deja vu?

[Anti Federalist]

Knew this had been posted...

[kcchiefs6465]

ETA: Guess not.

[surf]

anyone else bothered with the term "friendly fire"?

to me it's as oxymoronic as "government intelligence".

[RJB]

He was asking for it being in that close proximity to Law Enforcement activity.

[pcosmar]

"I'm very confident in the training that our personnel have received to make sure they're prepared to deal with these types of encounters and situations," Rainey said. "Because you never know what's on the other side of the door."


....Wearing bulletproof vests, the officers began the search by knocking twice on the door of the apartment, Nelson said. The knocks went unanswered, but the door was unlocked, so four BART officers— including Smith— stepped inside with their guns drawn, Nelson added.

"If your door is unlocked, it usually means that somebody's there, so I'm sure that was in their mind that somebody was in the apartment at the time,"

Procedures were followed.

[phill4paul]

“Those in the Law Enforcement Profession have complete Power and Authority over You, Your Life, Your Family, Your Loved Ones, Your Rights, Your Freedom, Your future, and Everything Precious to Life,”

http://www.ronpaulforums.com/showthread.php?450761-quot-We-in-the-law-enforcement-profession-have-complete-power-over-you-quot

Get it? got it? Good.

[pcosmar]

Practice makes perfect ...


anyone else bothered with the term "friendly fire"?



They should all be so friendly more often.

[Dr.3D]

Just goes to show how dangerous that line of work is.

[Anti Federalist]

Just days before he was killed, he told his wife to "Sue the shit out of the agency, if anything happens to me".


Cop Tells Wife to Sue if Something Happens to Him, He’s then “Accidentally” Killed by Fellow Cop

http://thefreethoughtproject.com/cop-tells-wife-sue-him-days-killed-fellow-cop/#SO6YTeicGZXGXDOl.99

Oakland, CA — BART police Sgt. Tom Smith came home from work one day and told his wife who is also BART police officer, that if anything happened to him, she should “sue the s**t” out of the agency, her attorneys said Monday.

Days later, on Jan. 21, 2014, Sgt. Tom Smith would be killed during the search of a small apartment, by one of his own – BART officer Michael Maes. Maes, a law enforcement veteran with 26 years of experience as an officer, said he mistook Smith for an armed suspect during the search.

Prior to being killed by one of his own, Smith began to voice his discontent with the department after they rejected his requests for more training or the use of its SWAT teams during high-risk incidents.

Specifically, Smith told his wife — fellow BART Officer Kellie Smith — that she should file a lawsuit naming Deputy Police Chief Ben Fairow, whom he said had routinely denied his requests for more training and for tactical teams, according to SFGate.

The lawsuit was filed on Friday in the U.S. District Court of San Francisco. It says Fairow, “denied training and denigrated officers when training and/or involvement of tactical teams were discussed,” saying that it was all “bull—” and that officers were “pussies” because they had “training like this in the police academy.”

“As a result of these repeated denials, my husband said to me, ‘If anything happens to me, I want you to sue the s— out of BART and Fairow.’ ” Kellie Smith wrote in her letter. “My husband’s words will stay with me forever. I cannot let this situation and his concern for his fellow officers go unanswered.”

Kellie Smith is a 20-year veteran of the force. The fact that she is crossing the blue line after so many years speaks volumes as to the inconsistencies involved in this case.

The events surrounding Smith’s death are questionable, to say the least.

The day Smith was killed, he and Maes were supposedly looking for John Henry Lee, a 20-year-old robbery suspect. However, Lee was arrested five days earlier and already in police custody when the pair entered his apartment to apprehend him.

According to the police department, the officers had failed to study the circular floor plan of Lee’s apartment before the search. They suddenly encountered each other in a back room, leading to Maes killing Smith.

Case closed.

Crossing the blue line often means career suicide and can also be dangerous.

In January, the Free Thought Project reported on the whistleblowers from the Chicago police department whose very lives were threatened for trying to expose the corruption in their department.

As Shannon Spalding, one of the whistleblowers from the CPD points out, this blue code of silence and punishment is already an unfortunate reality for most.

“It’s no secret that if you go against the code of silence, and you report corruption, it will ruin your career,” Spalding said.

[Occam's Banana]

http://thefreethoughtproject.com/cop-tells-wife-sue-him-days-killed-fellow-cop/#SO6YTeicGZXGXDOl.99

Paging Vic Mackey ... paging Vic Mackey ...

[kcchiefs6465]

I wonder if she realizes that training can't fix stupid?

The guy was in jail for five days. None of these idiots so much as read the local newspaper's crime blotter, talked to his probation officer, or ran his name through the system.

There should be a lawsuit. The apartment leasee should be filing suit against the burglars for breaking into his home and subsequently making a mess of his place.

[acptulsa]

If The Pecking Order is not your sole concern, mundane, joining the Forces of Good will get you suicided faster than staying a mundane will.

Something to consider carefully, if you're seriously wondering if you can play stupid enough to pass their IQ test.