State Police officer who shot at van fired
Source: Albuquerque Journal
SANTA FE The New Mexico State Police officer who fired shots at a van full of children while their mother was fleeing a traffic stop near Taos in late October has been fired.
State Police spokesman Lt. Emmanuel Gutierrez said that officer Elias Montoya, who was placed on paid administrative leave Wednesday, was terminated from his position as of Friday.
Gutierrez said he had confirmed the firing with State Police Chief Pete Kassetas. Gutierrez declined further comment until all appeals have been exhausted, though he did confirm that two other officers who were present for the chaotic traffic stop were still employed by the State Police.
Kassetas called for an internal investigation into the shooting after an officers dashboard camera captured video of the Oct. 28 encounter between State Police and Memphis, Tenn., resident Oriana Farrell, who was stopped for speeding with her five children, ranging in age from 6 to 16, in her van.
Read more: http://www.abqjournal.com/315723/news/state-police-officer-who-shot-at-van-fired.html
Demeter
(85,373 posts)a bit hard on the civilians, though.
MindMover
(5,016 posts)One small step to a less fascist police state ...
Congratulations to the decision maker . and the residents of New Mexico .
Orrex
(63,215 posts)Paladin
(28,264 posts)Watching the video of the shooting, I'm amazed that nobody was killed by that jerk.
Posteritatis
(18,807 posts)FailureToCommunicate
(14,014 posts)...who were fleeing in desperation after the officer had smashed his way into their car?
Doesn't look like he will face any charges either.
LiberalFighter
(50,947 posts)Duckhunter935
(16,974 posts)not attack the officer then run back and lock the door after the assault and refuse several times to get out. You MIGHT get your window broken.
I have no problems with cop being fired for discharging his weapon in this case
FailureToCommunicate
(14,014 posts)is grabbing at your mother, slamming her against a car door...
well, then, you are in better control of your emotions than most. All the kid seems to do in the video is try to free his mom, then jumps back in the car when the officer pulls out the taser...
Perhaps you also may never have been DWB ('driving while black') Things sometimes don't go well in that situation.
TorchTheWitch
(11,065 posts)She was pulled over for speeding and also was driving with an expired license. The officer (not the one that fired his gun) even told her that he didn't give her a citation for the expired license as a nice gesture. The woman was belligerent and refused to sign the citation basing her unwillingness to do so on the erroneous belief despite the officers many explanations that though she still had to sign the citation she didn't have to make the decision of whether to pay the fine or plead not guilty and go to court to fight the citation around 30 days later. She kept saying that she couldn't make an immediate decision and the officer kept telling her she didn't have to but that she just had to sign it. He finally started getting fed up and told to she had to stop arguing with him and chose whether or not she was going to sign the citation. Eventually she chose not to sign it, so he told her to turn off her car engine and wait while he went to his patrol car to call dispatch as to her refusal to sign the citation. She refused to turn off her engine even though he told her he was giving her a direct order to do so while he went and called dispatch. She then fled the scene.
The officer takes off after her, and you can hear him telling dispatch that she refused to sign the citation and fled the scene. The officer pulls her over again and opens the door and demands she gets out of the car. She refuses, so he attempts to pull her out to arrest her. Her fleeing the scene after he ordered her to turn off her engine and wait while he called dispatch while still refusing to sign the citation made it an arrestable offense. The whole car full of kids starts screaming as she started screaming while continually trying to stay in the car, and the passengers doors open. He tells the passengers to shut the doors and while the passenger door did shut, the kid on the passenger side opened his door wider, got out and approached the officer. The officer pulled his weapon and ordered him back in the car, which he did. She is still arguing with him and talking over him as he continually orders her out of the car, but she doesn't and he had stopped physically trying to remove her. She still refuses to get out of the car, so he tries again to physically pull her out to arrest her. She EARNED the arrest after driving away from the scene the first time and place she was pulled over, but with her refusing to get out of the car made her even that much more deserving of arrest.
Again he stops trying to pull her out of the car, which he long since should have done instead of continually giving her so many chances and still remained in the car. He spent a LONG time giving her every opportunity to get out of the car, and she finally does, and the officer doesn't lay a finger on her, nor does she fall into the door on her own. They walk back to the back of her car, and she starts talking to her again, but when he tells her to turn around, she knows she's about to be arrested and runs away from him and tries to get back in her car. He grabs her arm and tries to prevent her from getting back in the car while trying to get at least one of her arms behind her to cuff her.
Again, the kid on the passenger side gets out of the car, and two older girls also get out and interfere with the officer. The boy who first got out (the same one that had gotten out before) DOES go after the officer physically, but the officer doesn't lay a hand on him and lets go of the woman and backs away from the kid. He pulls his weapon and orders the kid on the ground, but the kid runs back and jumps back into the car. Everyone else jumps back into the car and slam all the doors just as two other back up officers show up, one of which was the one that shot at the car tires. The original officer tries to break the passenger window while one of the back up officers is beside him, and the officer that shot at the car is still at the rear of the vehicle. The car again speeds away.
It's while the car is pulling away that the back up officer fired two shots at the car tires, which was stupid and unnecessary - protocol is to chase the car, not fire on it just as the original officer did the first time she took off in the car. Those bullets could have gone anywhere.
The original officer is the first one to pull out after her since his car is facing the proper direction, and yet another pursuit takes place. She tries to outrun the police for quite some time and distance. Around two or three minutes after the chase began the officer finally catches up with her, and at around the 15 minute mark in the video you can see in the upper left corner of the scene that she's driving at least 100mph since that was what HIS car was doing yet she's pulling away from him again. Three times she pulls over the center line into oncoming traffic in order to pass cars in the left hand lane in front of her the first time being when she makes the right hand turn, passes another car on the right narrowly missing other cars. She finally makes a right turn into a parking lot and pulls over. They're ordered out of the car and on the ground. Notice there are no bullet holes in the back of the car nor did the two that were fired hit the tires since they're also fine.
She was never slammed against anything, and the original officer gave her a HELL of a lot of leeway despite her refusing to sign the citation and escaping from the original spot she was pulled over. EVERYTHING her and her kids did was despicable behavior especially her son who was also arrested. BULLSHIT on his trying to save his mother from being beat up by a cop, he was trying to keep him from arresting his belligerent and felonious mother that she richly deserved. All she had to do was shut her yap and sign the citation, but she fought with the officer every inch of the way, escaped from him twice NEVER being physically abused by him and in fact being granted so much more leeway than she deserved. So, now rather than just signing the damn citation for speeding that she was originally pulled over for (and the officer did her a FAVOR of not writing a citation for driving on an expired license). She goes completely off her nut and commits a whole slew of serious crimes and thank the god she didn't hit anyone during that high speed chase and with her crossing over the center line THREE times into oncoming traffic especially at she speed she was going with her KIDS in the car.
Yes, it was wrong of the other officer to shoot at the car tires as a stupid attempt to stop her from fleeing not to say dangerous since he missed both shots, and who the hell knows where those bullets went. But there is NO QUESTION that woman was a psycho beast that from the very beginning acted like a nutcase and the extraordinarily escalated the situation. Had those two shots from the one back up officer never been fired there wouldn't be a soul here making up shit about her being roughly treated nor anyone thinking that she didn't deserve exactly what she got not to mention that the first officer that had to deal with this crazy woman and her belligerent kids gave her so much leeway it was ridiculous.
Watch the dashcam video for yourself...
Ranchemp.
(1,991 posts)Thank you.
CRF450
(2,244 posts)I didn't even like the way Lawrence O'Donnell was covering this story as he was spinning this incident as 100% the officers fault for the escalation and then the shooting. The shooting part of it was certainly 100% uncalled for, but the woman and the 14 year old son are 100% to blame for the escalation. The first officer spent 5 minutes telling the woman to get out of the car when she pulled over after taking off from him, don't you agree that that's showing a lot of patience and kindness to her on his part? Hell he was even gonna let her off the hook for driving with expired tags at first.
The woman was just dumb and way out of line in what she did, everything she did was wrong, and the officer who shot at the van deservedly lost of his job and badge.
Blue_Tires
(55,445 posts)Departments usually bend over backwards to defend their guys, no matter how egregious the transgression...
groundloop
(11,519 posts)They knew who the driver of the van was, would have taken them just a few moments to find her address. So what if she drove off (without shots being fired into a van full of children) - they very well could have arrested her the next day when everyone had cooler heads.
elleng
(130,972 posts)The most important thing they can do now is to examine and evaluate their policies and psych testing, educational requirements, etc. to see how this person ended up employed as an officer to begin with. Are they doing anything to prevent this type of person from being hired again?
nobodyspecial
(2,286 posts)I don't think there is any way of screening out everyone. Also, people's circumstances and ways of coping can shift over time. He could have been fine at hiring and changed on the job. With this on his record, he won't work in law enforcement again.
Incitatus
(5,317 posts)to avoid getting weeded out.
Spitfire of ATJ
(32,723 posts)This should have been a simple traffic stop but the cops turned it into major incident because they wanted to see fear and to punish the "guilty" and, let's face it, this wouldn't have happened if the people in the car looked like the Partridge Family.
hughee99
(16,113 posts)Spitfire of ATJ
(32,723 posts)A mom and kids is NOT to be treated the same as some bank robbers.
hughee99
(16,113 posts)Though I can't say how often they drive off in the middle of the process and start a high-speed chase with their kids in the back either. The cop was certainly in the wrong here pulling out his gun (let alone firing it) but it sounds like the mother was putting the children in danger as well.
Spitfire of ATJ
(32,723 posts)Ranchemp.
(1,991 posts)the woman turned it into a major incident by being an asshole in the first degree.
The cop shouldn't have fired at the van, but it never would have gotten that far if she hadn't tried to evade the police.
Spitfire of ATJ
(32,723 posts)diabeticman
(3,121 posts)mike_c
(36,281 posts)eom
secondvariety
(1,245 posts)deserved to be fired but the mother is a dumb ass for putting herself, her children and the public in danger.
Eleanors38
(18,318 posts)This woman also deservedly faces a boat load of felonies. She should do time for what appears to be willful and aggressive endangerment.
Tikki
(14,557 posts)
strategy by many law enforcement agencies that can be just as dangerous and can be deadly
The High Speed Chase
You can check with your local law enforcement and ask for their policy and their plan of action..
Tikki