Robin Sage Trial to Start

[7624U]

Originally Posted by SF_BHT

Guess they better send special notices to local LEO's

They already Do every truck they use has a big Robin Sage sticker on it. Hard to say you dident know when it has that on the tailgate of every truck

The deputy's brief was sealed, but attached is the reply brief filed the day before yesterday.

[Pete]

Robin Sage jury rules for soldier

http://www.fayobserver.com/Articles/2009/10/28/947102

From this morning's Fayetteville Observer. The Jury has spoken.

[JAGO]

From one of the Jurors interviewed afterwards:

"Greg Harris of Hoke County said he found Phelps and Leiber more believable than Butler.

"Mr. Leiber's testimony was pretty strong," he said. "and Phelps - (the lawyers) couldn't get him crossed up. His story stayed the same throughout his testimony."

Harris said Butler's story changed".

The jury system worked. They got to the truth.

v/r
phil

[SF_BHT]

It is great that the system worked......... This will not replace the lost career and life that it took but it now has the Truth out in the public eye.

[The Reaper]

At what point do departments find that employing a murderer with a history of excessive use of force is a bad idea?

Shouldn't Mr. Butler be looking for a new line of work?

TR

[Peregrino]

Originally Posted by The Reaper

At what point do departments find that employing a murderer with a history of excessive use of force is a bad idea?

Shouldn't Mr. Butler be looking for a new line of work?

TR

Personally, I think Mr. Butler is a sheepdog that likes the taste of mutton. Maybe the next time he does something similar, the victim's family will be able to bankrupt his employer. If the system can be counted on to work twice.

[JAGO]

Originally Posted by The Reaper

At what point do departments find that employing a murderer with a history of excessive use of force is a bad idea?

Shouldn't Mr. Butler be looking for a new line of work?

TR

TR,
I have done "decerts" on Florida officers. I did a quick check, No Carolina has a similar system to regulate the "licenses" of officers.

http://www.ncga.state.nc.us/EnactedL...apter_17C.html

Perhaps one of the lawyers involved in this case will report the Deputy's actions and this judgment to the No Carolina Criminal Justice Education and Training Standards Commission?

Murder is generally defined as the unlawfull killing of a human being with malice aforethought. I doubt that scienter element can be proven. However, the jury's verdict establishes excessive use of force - which I assume in No. Carolina is in violation of the Commission's rules and therefore grounds for revocation of his certification.

v/r
phil

[craigepo]

I attach a copy of the federal jury instruction on excessive force cases for persons injured before incarceration. This is called the "verdict director", and is part of the package of written instructions given to the jury. The jury then bases its verdict upon the instruction.
After reading the previous discussions on what is "excessive force", I think you will find that the federal jury instructions make it pretty easy for a jury, having heard the evidence, to come up with a reasonable verdict. Please note that the Court has to clean up the instruction prior to giving a "clean" instruction to the jurors. Also, this is the model instruction for all federal district courts in the 8th federal circuit. However, federal law is the same, and all jury instructions will be similar to that stated below.
Cool thing about being a judge---lawyers and cops bicker over what the law ought to be. Judges tell you what the law is.


4.10 EXCESSIVE USE OF FORCE - ARREST OR OTHER SEIZURE OF
PERSON - BEFORE CONFINEMENT - FOURTH AMENDMENT

Your verdict must be for the plaintiff [and against defendant __________]1 [here generally describe the claim]2 if all the following elements have been proved3:
First, the defendant [here describe an act such as "struck, hit, kicked, or shot"]4 the plaintiff in the act of [arresting or stopping]5 the plaintiff, and
Second, the use of such force was excessive because it was not reasonably necessary to [here describe the purpose for which force was used such as "arrest the plaintiff," or "take the plaintiff into custody," or "stop the plaintiff for investigation"], and
Third, as a direct result, the plaintiff was damaged,6 and
[Fourth, the defendant was acting under color of state law.]7
In determining whether such force, [if any]8 was "excessive," you must consider such factors as the need for the application of force, the relationship between the need and the amount of force that was used, the extent of the injury inflicted, and whether a reasonable officer on the scene, without the benefit of 20/20 hindsight, would have used such force under similar circumstances. [You should keep in mind that the decision about how much force to use often must be made in circumstances that are tense, uncertain and rapidly changing.]9 [Deadly force10 may be used only if it is reasonably believed necessary to [(apprehend a dangerous, fleeing felon) (prevent a significant threat of death or serious physical harm to the officer or others)].11 A warning must be given, if feasible, before deadly force may be used.] You must consider whether the officer's actions are reasonable in the light of the facts and circumstances confronting the officer [without regard to the officer's own state of mind, intention or motivation].12
If any of the above elements has not been proved, then your verdict must be for the defendant.
[“Deadly force” is force intended or reasonably likely to cause death or serious physical injury.]1

[greenberetTFS]

Great news ..............

Big Teddy

[18C4V]

Originally Posted by 7624U

Phelps got shot in the back I looked at his bullet wounds in his 2ed robin sage class. For the rest of the story I don't think anyone will know the full truth I wish the deputy had a dash cam in his car at the time.

Why did he go though again? Phelps (18C) and I went through the whole Q together. In fact, me and another 18C (former cop) talked to Phelps about filing a law suit shortly after he got shot.

[18C4V]

Good for Phelps. I remember when he walked across the stage for graduation and he got a standing ovation from every person in the audience. In fact, I got that on video since I had my buddy tape record my graduation.


http://www.armytimes.com/news/2009/1...awsuit_102809/


Jury awards at least $750,000 to former soldier

The Associated Press
Posted : Wednesday Oct 28, 2009 9:04:35 EDT

GREENSBORO, N.C. — A former Army sergeant wounded during a military training exercise was awarded at least $750,000 in his lawsuit against the Moore County Sheriff’s Office and the former deputy who shot him.

The Fayetteville Observer reported that the federal jury in Greensboro awarded the money to former Army Sgt. Stephen Phelps, who was injured in the February 2002 shooting that killed another soldier. He had sued the sheriff’s office and former Deputy Randall Butler.

“I was happy that the truth finally came out,” Phelps said after the verdict was read Tuesday night.

The jury awarded $650,000 in compensatory damages and $100,000 or $200,000 in punitive damages Tuesday night. Phelps’ lawyer, Carlos Mahoney, had sought $1.2 million.

Moore County Sheriff Lane Carter said neither he nor Butler would comment. Jim Morgan, who represented Butler and the sheriff’s office, declined to comment on whether they would appeal the verdict.

Phelps and 1st Lt. Tallas Tomeny had been taking part in Robin Sage, an exercise that trains soldiers for Special Forces. Tomeny was killed, and his estate settled out of court.

During Robin Sage, soldiers simulate infiltration of a foreign nation. Phelps and Charles Leiber, a civilian who was playing the role of an adviser, testified that they thought Butler stopping their vehicle was part of the exercise.

Butler had argued that the men were acting suspiciously in an area that had experienced a lot of burglaries. Butler also said he saw two machine guns and that Tomeny had told Phelps to kill him.

On Tuesday, jurors said they didn’t believe Butler’s claims about the guns or the order to kill. Greg Harris of Hoke County said he found Phelps and Leiber more believable than Butler.

“Mr. Leiber’s testimony was pretty strong,” he said. “And Phelps — (the lawyers) couldn’t get him crossed up. His story stayed the same throughout his testimony.”

Harris said Butler’s story changed.

will be on the hook BIG TIME when, not if, Deputy Fife steps on his crank AGAIN. His current agency should get their collective heads out of their asses and get rid of this ticking litigation bomb.

[PedOncoDoc]

Originally Posted by Remington Raidr

will be on the hook BIG TIME when, not if, Deputy Fife steps on his crank AGAIN. His current agency should get their collective heads out of their asses and get rid of this ticking litigation bomb.

I could care less about the lawsuits. What I'm worried about is the safety of the people in his community. It sounds like this guy has no business being in LE.