NV-Lawyer, pulled over for traffic warrant, tasered, shot, now going to prison.
Any interaction can go sideways.
It is not unreasonable paranoia to be fearful of the state's enforcers
Avoid cops at all costs.
Attorney convicted of 3 felonies after surviving police shooting
http://www.policestateusa.com/2014/j...sing-shooting/
The incident occurred when Raymond James “Jim” Duensing was pulled over by a motorcycle cop in a routine traffic stop near Cheyenne Avenue and Jones Boulevard. Allegedly Mr. Duensing had crossed an intersection using a lane designated for right-turns only at approximately 2:30 p.m. on October 29, 2009.
After running the driver’s license, Las Vegas Metropolitan Police Department (LVMPD) Officer David Gilbert determined that there was an existing misdemeanor arrest warrant for Mr. Duensing because of outstanding traffic ticket(s).
Duensing, 33 years old at the time and practicing law in Pahrump, was asked to exit his vehicle and then told he was under arrest. The attorney requested to know why he was being arrested. With his hands above his head, Mr. Duensing tried to use reason with the officer.
“I was calmly speaking to the cop, attempting to talk my way out of being taken to jail over an unpaid High-Occupancy Vehicle ticket.”
What happened next remains in dispute. At some point, communication broke down and Officer Gilbert began tasing Mr. Duensing.
Officer Gilbert testified that Duensing did not turn around on command and that he “took a fighting stance.” The officer claimed that he needed to shock Mr. Duensing to gain his compliance.
Duensing says that the shock came unexpectedly, and when he felt the electricity run through him, he feared for his life because he has a heart condition.
“Several people without heart conditions have been killed by this weapon,” he wrote. Duensing said that his instincts took over and he removed the Taser’s prongs from his chest, and began running.
He wrote from his hospital bed, “I firmly believe this instinct saved my life.”
Duensing later testified that running away “wasn’t really a conscious decision.” He added: “I was trying to process what was going on. I thought he had the wrong person.”
As Duensing ran from the electric assault, he heard the Taser fire again, but didn’t feel another shock. Instead, he heard three gunshots and noticed that his left arm was dangling. He had been shot from behind with a .45 handgun.
Mr. Duensing worked not only in practicing law but also as at a firearms instructor at a gun range. He was carrying a pistol and a pocketknife at the time he was shot. There is major disagreement between the parties about when the officer knew there was a gun in Duensing’s pocket.
After being shot, Duensing wrote, “it was at this point that he found my licensed and registered pistol in my right cargo pants pocket and my Emerson folding knife in my right front pocket.” He added: “I NEVER pulled either of these items out of my pockets.” He insisted that his hands were empty as he ran, and a female witness asserted the same thing.
But Officer Gilbert claimed that Duensing tried to draw his gun while running, and shot Duensing in order to save lives. The Las Vegas Review Journal elaborated on the discrepancy of facts:
Defense lawyer Tom Pitaro tried to show that Gilbert could not have seen Duensing’s gun because it was tucked in the buttoned-up cargo pocket. A knife in his right hip pocket was not found by police until after he was shot.
Gilbert said he thought Duensing’s gun flew from his hands and into the air after he was shot.
Officers at the scene later found the gun in the cargo pocket.
“You’re relieved they found a gun after you shot someone,” Pitaro said.
Gilbert responded: “I’m relieved that it was found so it wasn’t there for a little kid to pick it up.”
Duensing suffered gunshot wounds to his chest, abdomen, and left arm. He survived the attack after being hospitalized. Police charged him with 3 felonies: resisting a police officer, carrying a concealed weapon, and unlawful possession of a firearm.
FOLLOW-UP:
The case against Jim Duensing dragged on for over five years. In that time, the police and prosecutor managed to keep key evidence sealed, Duensing said, including the dashboard camera video.
In 2014, still awaiting trial, Duensing decided to run for the office of district attorney — against the incumbent who was seeking to imprison him.
“There’s a lot of dissatisfaction with the way the office is being run,” specifically the handling of officer-involved shootings, Duensing told the Las Vegas Review Journal.
“No matter what they (police) do on duty, they will be backed up by their department and the DA and that means there will be zero accountability,” Duensing said.
Duensing’s D.A. race turned out to be unsuccessful, and on November 10th, 2014, he was convicted on all three felony counts. He now awaits sentencing, which will consist of 1-12 years in prison. He may also lose his law license and as a felon will never be able to legally own a gun again.
* * * * *
Recall that this whole ordeal arose over a so-called “High-Occupancy Vehicle” (HOV) ticket. A HOV ticket is issued, in certain states, when a car enters in a designated “carpool lane” while carrying too few passengers. It is truly among the most mundane of offenses, yet it led to a warrant and the confrontation that would change Jim Duensing’s life forever.
Duensing’s situation exemplifies how every law has the potential to kill and destroy lives and families. Every offense, no matter how trivial, is ultimately backed by armed men who are willing to use violence. And when the number of offenses becomes innumerable, the police state can crush anyone, even a professional driving home from work on a Thursday afternoon.
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Originally Posted by Sister Miriam Godwinson
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