Comments on: Escambia Deputy Arrested In Cantonment For Assault, Battery

By: info only

info only — Wed, 20 Jan 2010 01:25:54 +0000

RW I’m very familiar with that law and LEOs can request waivers bottom line is there are ways around those laws and it’s done everyday. Things are often plead out to simple battery w/o the DV flag or in many cases the abuser intimidates the victim to have charges dropped. When you victim is the only witness as is the case most of the time in DV case the state can continue the case but usually they drop them.

By: Scott Dinkle

Scott Dinkle — Tue, 19 Jan 2010 15:19:26 +0000

Where in this News clip did it say that anyone was drinking talk about assuming.

By: North Escambia Resident

North Escambia Resident — Tue, 19 Jan 2010 05:51:54 +0000

First of all, where does it say that EITHER of them drove home? They could have called a cab or had someone else drive them. Don’t jump to conclusions based on facts not in evidence.

Second, the fact that someone is arrested does NOT mean that they are guilty of anything. It only means that there was SOME evidence pointing to that. If every person who is arrested is guilty, why do we see so many instances in which someone is arrested and then such things as DNA evidence or video evidence or even a recanted story proves that they were innocent all along?

Third, ever heard the saying that those who live in glass houses shouldn’t throw stones?

By: RW

RW — Tue, 19 Jan 2010 00:46:55 +0000

The Omnibus Consolidated Appropriations Act of 1997 amended the Federal Gun Control Act, 18 U.S.C. § 922(g)(9). Under these provisions, it is unlawful for an individual convicted of a state or federal “misdemeanor crime of domestic violence” to “ship, transport, possess or receive firearms or ammunition.”

A “misdemeanor crime of violence,” pursuant to 18 U.S.C. § 921(33)(a), means an offense that:

has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

Law enforcement officers and governmental employees (such as security guards or military personnel) art not exempt from this law with respect to their receipt or possession of firearms or ammunition. Therefore, law enforcement and other government employees who have been convicted of a qualifying misdemeanor will not be able to lawfully possess or receive firearms or ammunition or any purposes, including performing their official duties.

Furthermore, the law makes it unlawful for any person, including governmental agencies, to sell or otherwise issue firearms or ammunition to any person knowing or having reasonable cause to believe that the person has been convicted of a misdemeanor crime of violence.

By: SW

SW — Mon, 18 Jan 2010 05:37:52 +0000

Everybody deserves their day in court. If he’s guilty, punishment should fit the crime. If part of that punishment costs him his job, his certification, and his privilege to carry a firearm-so be it.

It sure seems a shame to end what appears to have been a good 22 year career this way.

By: Billy

Billy — Mon, 18 Jan 2010 03:48:27 +0000

Info Only,
In some states, you loose your right to possess/own a firearm if you have been convicted of DV. It is sometimes treated like a felony although the crime may actually be a misdomeanor. I don’t know if FL is this way. That may have been what they were thinking.

I feel like for his own people to arrest him, it must have been pretty bad and compelling. Shame on him for putting his co workers in that position. However, we don’t know the truth so I pray that justice prevails.

By: none of your business

none of your business — Mon, 18 Jan 2010 03:01:09 +0000

I sure would like to know which of these ppl were driving home from that
party. Was it the same officer of 22 years who then beat up his wife?
Is this the same officer that for 22 years was giving out DUI tickets?

I hope this is ALL taken into consideration when this is looked into
and resolved!

You can’t pass out tickets to the public and hall them off to jail, for
things you do when no one is looking yourself!

For the guy who thinks women are to blame and then squeal uncle and
call the law.

PLEASE!

By: Angi

Angi — Sun, 17 Jan 2010 19:31:16 +0000

As I see it, this is a deputy which knows the laws, and of course he wants to violate them with (assault & battery)… Well he should get what’s coming to him, just as everyone else does that commits this crime; it should not be any different for him even being a deputy. Of course I wasn’t there and don’t know the whole story and know one else really does either, but again if they were at a party and was drinking, there you go again; someone that consumed the alcohol was behind the wheel of a vehicle, which is another violation of the law. Hopefully they will get this all figured out and the courts will do what needs to be done about this…

By: Kimbo

Kimbo — Sun, 17 Jan 2010 19:24:09 +0000

To: N
I glad you was able to work out everthing I respact you for that,
DD= reasearch
In criminal law, due diligence is the only available defense to a crime that is one of strict liability (i.e., a crime that only requires an actus reus and no mens rea). Once the criminal offense is proven, the defendant must prove beyond a reasonable doubt that they did everything possible to prevent the act from happening. It is not enough that they took the normal standard of care in their industry – they must show that they took every reasonable precaution

By: info only

info only — Sun, 17 Jan 2010 18:16:00 +0000

N a Law Enforcement Officer does not loose their state certification just because they are found guilty of DV (yes I’m smart enough to know the difference between arrest and found guilty). Check out http://www.fdle.state.fl.us/Content/getdoc/59610e7c-3fd0-47c7-b97f-8ac1f99b2966/Professional-Compliance-Bulletins.aspx read the cases many include DV and first offense officers typically do not have their standards revoked. However, I do know of one case where they revoked the female officer’s standards when she was the victim of domestic violence and the perpetrator was also a cop, they did not do anything to the perp. The link is also entertaining to see the stupid stuff LEOs manage to get into and are still officers in the state of Florida. I’m not bashing Law Enforcement Officers I have a few that are very good friends of mine and just like any profession they are just people and as with anything you have a few bad mixed in with the good.