Should this be considered a "Civil Rights Violation?"

SGT Private RallyPoint Member — Fri, 17 Jul 2015 11:51:28 -0400

Police dashboard cameras, on June 2nd 2013, capture two officers shooting Ricardo Diaz-Zeferino (who was drunk) that ended with his death. What it doesn't show is how Ricardo was not armed. According to witnesses, he was trying to plead to the police officers how they had the wrong men. The "stolen bike" actually had belonged to his brother and Ricardo and his friends were looking for it.

The bike had been stolen from a CVS parking lot. The police "erroneously reported it as a robbery and made it a high-priority call raising the specter of armed suspects." The policemen say that from one angle, it looked like he was reaching into his pocket and they thought that he was reaching for a weapon; therefore, fearing for their lives.

The city of Gardena settled a lawsuit that the Zeferino family filed, as well as the man who was injured by the shooting, by paying 4.7 million.

NOW, the family attorney Samuel Paz wants the federal prosecutors to investigate whether this shooting was a "Civil Rights" violation.

Do you think Samuel Paz's argument holds water? Is this a civil rights violation or just another horrible accident and incident were two cops were just a little too "trigger happy?"

http://www.ap.org/Content/AP-In-The-News/2015/Video-of-police-shooting-released-after-AP-wins-court-decision

Video of police shooting released after AP wins court decision

Response by PO1 Brian Schletty made Jul 17 at 2015 11:57 AM

PO1 Brian Schletty — Fri, 17 Jul 2015 11:57:51 -0400

I think calling it a CR violation is really pushing it. From the story here, there is no mention of race, denial of civil liberties, no infringement on liberty or the pursuit of happiness. But leave it to the spin doctors, I am sure they will come up with a way... "Come and see the violence inherent in the system. Help! Help! I'm being repressed! Oh, what a giveaway! Did you hear that? Did you hear that, eh? That's what I'm on about! Did you see him repressing me? You saw him, didn't you?" --- Monty Python

Response by SGT Jeremiah B. made Jul 17 at 2015 12:00 PM

SGT Jeremiah B. — Fri, 17 Jul 2015 12:00:02 -0400

Is it a civil rights violation? Who knows? It would need to have been because he was hispanic. That said, police have to be held to a high standard. "Oops" should never be good enough and it's a fair question to ask why they showed no restraint in this particular situation, especially when dealing with a drunk person. "I was scared" has become something of a get out of jail free card and that's not okay.

And before anyone chimes in with the usual stuff - I support police. I have close family who are police. It is completely acceptable to support those who have the authority to use deadly force but hold them to a higher standard and expect there to be real consequences when poor judgement resulting in death happens.

Response by MAJ Robert (Bob) Petrarca made Jul 17 at 2015 12:14 PM

MAJ Robert (Bob) Petrarca — Fri, 17 Jul 2015 12:14:55 -0400

Essentially, unduly depriving any citizen of their life without justifiable cause regardless of race or ethnic background is a violation of their civil rights. Only a thorough investigation will dispel the he said/she said and he saw/she saw contradictions that will arise and get to the heart of the matter - was there a legitimate reason for the officers to shoot and kill the victim?

Involving race as a factor would distinguish as to whether or not this was a hate crime or undue racial profiling.

Response by PO1 John Miller made Jul 17 at 2015 12:37 PM

PO1 John Miller — Fri, 17 Jul 2015 12:37:08 -0400

Those who know me know that I am the first person who believe that badges don't grant extra rights, cops should be held to a higher standard, etc.
But at the same time I watched this video and it clearly shows Diaz-Zeferino lowering his hands and apparently reaching toward his pocket.

I don't possibly see how that could be a civil rights violation. But as I mentioned to SSG James J. Palmer IV aka "JP4", some people will make that claim anyway because Diaz-Zeferino is Hispanic and the cops who shot him appear to be Caucasian. They will attempt to make it all about race and civil rights, ignoring what the video reveals.

Response by SrA Christopher Gatzka made Jul 17 at 2015 2:26 PM

SrA Christopher Gatzka — Fri, 17 Jul 2015 14:26:42 -0400

I don't like jumping the gun on anything. News and limited public recording. Limited public recording. meaning they only recorded a certain amount of the situation. News will go off that to make their own determination or hypothesis of what might have happened. Unless we get the full story we will not know what actually happened. At such an early point no one should make a conclusion of what happened.. That is just my opinion.

Response by LTC John Shaw made Jul 17 at 2015 3:38 PM

LTC John Shaw — Fri, 17 Jul 2015 15:38:37 -0400

SGT Private RallyPoint Member The officers actions likely fall under the statute, It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. it just depends on if the DOJ wants to pursue or not.
Deprivation of Rights Under Color of Law, 18 U.S.C. § 242. This provision makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

https://www.law.cornell.edu/uscode/text/18/242

18 U.S. Code § 242 - Deprivation of rights under color of law | US Law | LII / Legal Information...

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed...

Response by SGT Bryon Sergent made Jul 17 at 2015 4:49 PM

SGT Bryon Sergent — Fri, 17 Jul 2015 16:49:27 -0400

To me I can see no reason at all that they should have fired. They could have tased the shit outta him. To me that was uncalled for!

Response by PFC Stephen Eric Serati made Aug 18 at 2015 9:38 PM

PFC Stephen Eric Serati — Tue, 18 Aug 2015 21:38:59 -0400

The officers lives were never at risk.