[tor.general] Toronto Police

nick@aimed.UUCP (Nick Pemberton) (01/20/89)

I'd be interested to see some discussion on what folks out there think
of the current problems the metro police, and police forces in general,
are having with various groups, be they race related or otherwise.

I've been appalled (and I can't spell) at the recent sensationalism in
the media about the cops. Having lived in various parts of Canada, I find
Toronto's cops to be really good people - they've always been friendly when
you chat with them (which I do often because I live near a police station),
and, for a city as large as this one, they do a pretty good job making
you feel comfortable to live in it.

Any thoughts, opinions, flames, etc?

Nick
-- 

Nick Pemberton                   UUCP: !{utzoo,utai}!lsuc!aimed!nick
AIM, Inc                          Bus: (416) 429-4913
                                 Home: (416) 690-0647

paulg@hcr.UUCP (Paul Gooderham) (01/20/89)

In article <157@aimed.UUCP> nick@aimed.UUCP writes:
>I'd be interested to see some discussion on what folks out there think
>of the current problems the metro police, and police forces in general,

I can't believe the public whining that has been going on.  People
seem to be siding with the criminals against the police.  

 - a knife weilding man rushes a policeman who then shoots the man.  

 - the youthful driver of a known stolen car tries to run down two 
   policemen and ends up shot

In both these cases currently popular in the press, the criminal 
is trying to kill the policeman and the policeman strikes back.
People seem to expect policemen to risk injury or even death
for the sake of a criminal.  But if the men had just followed 
police instructions, they would be alive to whine for themselves 
today.

I wouldn't argue against investigations intended to uncover the
truth, but I wouldn't condem the policemen until the truth that
they did something wrong was known.  Condemnation any earlier is
baseless conjecture but the press seems to gobble it up.  Anything
to sell more papers or to get better ratings, I suppose.
---
Paul J. Gooderham  (std. disclaimer)

jdd@db.toronto.edu ("John D. DiMarco") (01/20/89)

I've never had a bad experience with the police. Whenever I've had occasion
to deal with them, I've found them friendly, helpful, and professional.

But I don't belong to a visible minority. 

John
-- 
--------------------------------------------------------------------------------
John DiMarco	* We will live in the light *	jdd%db.toronto.edu@relay.cs.net
jdd@db.toronto.edu 	jdd@db.utoronto.ca	jdd.db.toronto.cdn
{uunet!utai,watmath!utai,decvax!utcsri,decwrl!utcsri}!db!jdd	jdd.utcsri.UUCP
--------------------------------------------------------------------------------

sean@lsuc.uucp (Sean Doran the Younger) (01/21/89)

In article <4674@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) wrote:
>
> - a knife weilding man rushes a policeman who then shoots the man.  
>
> - the youthful driver of a known stolen car tries to run down two 
>   policemen and ends up shot
>
>In both these cases currently popular in the press, the criminal 
>is trying to kill the policeman and the policeman strikes back.

In both cases, there is no criminal.   The Presumption of Innocence
(Section 2 (f) of Part I of the Canadian Charter of Rights and Freedoms
and Section 11 (d) of Schedule B of the Constitution Act, 1982)
should be granted to both the victims in both cases, and it is unwise
to call them criminals.   Moreover, it is even less wise to point out
that (referring to the police constables involved) 'Condemnation
any earlier is baseless conjecture', while still labelling and thus
condemning the two dead men as criminals.

It is my understanding of the Police Act and departmental and ministerial
directives that police guns may not be removed from the holster or
belt unless a person is threatening the PC or another person with
a brandished gun, or unless the PC has reasonable grounds to believe
that a person is carrying a concealed gun.   Police revolvers and other
guns are not to be displayed in order to threaten any person, nor
to restrain an arrested person who is unarmed.   

Moreover, the police are not to discharge firearms unless acting
in self defence and in accordance with the other regulations concerning
police guns.   They are certainly not allowed to shoot at someone
brandishing a knife (Police Constables are well trained in the use
of truncheons and are all taught how to disarm an opponent who is
using a knife or other weapon), nor are they allowed to fatally
wound any person for any reason with impunity from the courts.  

Common law is very clear on claiming self-defence as a means of
establishing no mens rea in cases of battery and related crimes,
as well as manslaughter.   One can take no self-defensive action
after the immediate threat to one's life and safety has ended.
According to the testimonies offered at the Police Hearing,
the car driver had been shot through the head from directly behind,
while the car was moving forward very quickly.  It is highly unlikely
that any claim to self-defence can be made taking into consideration
that the immediate risks to the PCs' lives and to any bystanders'
safety had passed -- it is difficult not to conclude that the driver
of the motor car had been retreating from the scene of the crime.

I fear that unless the PCs involved have another defence, or unless
evidence not presented to the Police Hearing is offered to the
court trial, the charge of manslaughter will be upheld.   I hope,
however, that the pressure and stress of being nearly run down
and the consequent difficulty in judging the actions of the
driver will be taken into consideration by the court if and when
the court publishes a sentence against the P.C. charged.

>People seem to expect policemen to risk injury or even death
>for the sake of a criminal.

If you mean 'for the sake of an alleged criminal', or 'for the
sake of an accused person', or even 'for the sake of a person
caught while committing an indictable offence', then
Correct: see 2 (f) of Part I of the Charter of Rights and Freedoms,
and 7-11 of Part I of Schedule B of the Constitution Act (1982).

Moreover, the various regulations and statutes concerning the police
as well various Common law precedents make it clear that even a
convicted criminal deserves protection from the police, even if
such protection may entail a risk to life or safety of the police
involved.

It would be quite ghastly to expect a Police Constable who is being
assaulted or attacked not to defend himself or herself.   Self-defence,
however, can only excuse crime if the force used in self-defence
is reasonable.   Physical forced used against verbal assault is
unreasonable.   Disarming someone by breaking an arm, wrist or hand
(i.e., committing the offence of wounding in order to prevent
the offence of battery) is not considered reasonable.   Using a gun
on someone brandishing a knife has also been deemed in court as
using unreasonable force.   Using ANY force on a retreating opponent
(i.e., retribution) is NEVER considered reasonable force.   No police
constable or officer can use more force than is reasonable, even
to subdue an unruly or dangerous suspect or someone who is actively
resisting arrest -- under pain of reprimand, suspension, or dismissal
and of course the civil suit.


  
>But if the men had just followed 
>police instructions, they would be alive to whine for themselves 
>today.

If the Police had followed proper procedure, and behaved in a lawful
and professional manner, the two victims would be alive to-day,
and both would probably soon find themselves in a very nasty
prison after being charged and found guilty of attempted murder
or at least assault with a deadly weapon.


>I wouldn't argue against investigations intended to uncover the
>truth, but I wouldn't condem the policemen until the truth that
>they did something wrong was known.  

The Police hearings established that there is evidence of
impropriety on the part of the P.C.s involved.   The Attorney-General's
Department have decided that the evidence is enough to proceed to
a full criminal trial.   That they did something wrong (killing anyone
is not allowed in any situation) is clear.   That they did something
unlawful cannot be known until verdicts are published.


>Condemnation any earlier is
>baseless conjecture but the press seems to gobble it up.  Anything
>to sell more papers or to get better ratings, I suppose.

Conjecture is often not entirely baseless.   There are evidence in
loads and court documents readily available to anyone, even journalists.
Whether the journalists can be accused of sensationalising for the
purpose depends upon a value judgement based upon personal tastes --
there are no set standards defining good reporting and sensationalism,
but as with pornography, one can recognise it when one sees it.
For my part, I think that in this rare case, the press and other media
have behaved quite reasonably considering the possibilities open
for exploitation.   It is when allegations of racism are made in
editorials and by hired reporters that I shall change my mind.


(Nota bene: I am not a Lawyer of any sort and have no plans to be one.)
-----------
Sean Doran the Younger  <sean@lsuc.UUCP> | Using the Law Society's computer
a/s The Law Society of Upper Canada      | does not mean I use their opinions.
    Computer Education Facility          | However, all those barristers and
    Osgoode Hall, Toronto, Canada        | solicitors would come in very handy
lsuc!sean@gpu.utcs.toronto.edu           | if someone decided to sue me.
{uunet!attcan mnetor att pyramid!utai utgpu utcsri utzoo ncrcan}!lsuc!sean
-- 
-

clewis@ecicrl.UUCP (Chris Lewis) (01/22/89)

In article <1989Jan20.201648.20385@lsuc.uucp> sean@lsuc.UUCP (Sean Doran the Younger) writes:

>(Nota bene: I am not a Lawyer of any sort and have no plans to be one.)

Thank heavens for that...  Some of your legal comments are right on the mark
and some of them are completely off...

Paul may be a little hasty in calling the two men who died "criminals",
but since the facts in at least one of these are fairly clear and undisputed,
chastising him for stating what's obvious is at least pompous and a little
silly no?

>It is my understanding of the Police Act and departmental and ministerial
>directives that police guns may not be removed from the holster or
>belt unless a person is threatening the PC or another person with
>a brandished gun, or unless the PC has reasonable grounds to believe
>that a person is carrying a concealed gun.   Police revolvers and other
>guns are not to be displayed in order to threaten any person, nor
>to restrain an arrested person who is unarmed.   
>
>Moreover, the police are not to discharge firearms unless acting
>in self defence and in accordance with the other regulations concerning
>police guns.   They are certainly not allowed to shoot at someone
>brandishing a knife (Police Constables are well trained in the use
>of truncheons and are all taught how to disarm an opponent who is
>using a knife or other weapon), nor are they allowed to fatally
>wound any person for any reason with impunity from the courts.  

I'm afraid your understanding is somewhat off.  The "halt or I'll fire"
doctrine is well understood and widespread in Canada.  Secondly, I find
it extremely hard to believe that they would blanket disallow the use
of police guns except in self (or other person) -defence against a gun.
There are many occasions where a policeman could have no other recourse
than the use of his gun even if the opponent was completely unarmed.
*EVEN IF* such a police doctrine existed, it would have no bearing on
a possible conviction in the courts - the legal system at least *attempts*
to treat everyone the same - citizen, suspect/"criminal" or police.

The legal concept of "justifiable" force is a lot more complicated than simply 
balancing weaponry or probable injury.  

Frankly, we know almost completely *nothing* about either of these
cases.  The media is inadvertantly whipping the whole city into a frenzy
with one unsubstantiated rumor after another.  One is unable to separate
fact from fiction in the media reports.

Come on guys, let's *COOL* it.  Discussing the *supposed* facts of the case
can only make things worse.  Let's wait and see what the trial goes like.

Charging the officers involved with manslaughter was the best possible thing
for the AG to do.  I personally don't think that the charges have a chance
of sticking, but a trial:

	- gives the officers a chance to defend themselves in a forum
	  where unsubstantiated rumor shouldn't get much attention,
	- and deflates any validity to a charge of "coverup".

I support our cops to the hilt, BUT this trial is absolutely necessary.

Okay?  Let's not prejudice the trial or start a race war by spewing nonsense -
we all should just simply shut up and wait.
-- 
Chris Lewis, Markham, Ontario, Canada
{uunet!attcan,utgpu,yunexus,utzoo}!lsuc!ecicrl!clewis
Ferret Mailing list: ...!lsuc!gate!eci386!ferret-request
(or lsuc!gate!eci386!clewis or lsuc!clewis)

rae@geaclib.UUCP (Reid Ellis) (01/22/89)

paulg@hcrvax.UUCP (Paul Gooderham) writes about a point of view that is
probably fairly common in Toronto at the moment.

sean@lsuc.UUCP (Sean Doran the Younger) writes a very well-informed rebuttal
which should be read by a large number of people.


Boy, did you two set this up, or what? :-)

Reid
-- 
Reid Ellis
geaclib!rae@geac.uucp

lamy@ai.utoronto.ca (Jean-Francois Lamy) (01/22/89)

I was a jury member in a trial for assault where citizen A punched citizen B
and injury resulted.  Citizen A was acquited, but there was a trial.  When
citizen A pulls a trigger and citizen B dies (which I don't is not what is
being disputed here) my gut feeling is that there should be a trial as soon as
there is reasonable evidence that citizen A did pull the trigger.

What I would like to know is under what circumstances it would have been
possible for a) a person admitting to pulling the trigger to a gun that killed
not to be charged at all and b) the same for a policeman on duty, if they are
any different.  The only charge "weaker" than manslaughter I can see applying
to cases where death results is criminal negligence, which I don't think would
apply here (does it even apply to hunting accidents and the like?).

So what is being disputed here?
- that charges were laid?  (I see that as hard to avoid)
- that too strong a charge was laid? (how could a weaker one be laid?)
- that it took too long to lay the charge?
- that charges would not have been laid save for political manipulations?

Jean-Francois Lamy               lamy@ai.utoronto.ca, uunet!ai.utoronto.ca!lamy
AI Group, Department of Computer Science, University of Toronto, Canada M5S 1A4

nick@aimed.UUCP (Nick Pemberton) (01/23/89)

In article <1989Jan20.201648.20385@lsuc.uucp>, sean@lsuc.uucp (Sean Doran the Younger) writes:
> In article <4674@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) wrote:
> > - a knife weilding man rushes a policeman who then shoots the man.  
> > - the youthful driver of a known stolen car tries to run down two 
> >   policemen and ends up shot
> >In both these cases currently popular in the press, the criminal 
> >is trying to kill the policeman and the policeman strikes back.
> 
[well-written explanation deleted (tossing 'verbiage', as news likes to
 call it)]
>   
> >But if the men had just followed 
> >police instructions, they would be alive to whine for themselves 
> >today.
> 
> If the Police had followed proper procedure, and behaved in a lawful
> and professional manner, the two victims would be alive to-day,
> and both would probably soon find themselves in a very nasty
> prison after being charged and found guilty of attempted murder
> or at least assault with a deadly weapon.
> 

Here is something that is only becoming clear to me through this discussion:
no where has it been stated, in the media, what the facts in these
particular cases are. That, I suppose, is what really bothers me: it is
likely that in any organization there will be members who do not follow
'the rules', as may be the case with the police force. However, the impression
one gets from the media coverage is that the police have widespread
problems, rather then rare, isolated problems. What is the real situation?
Is it, as I suspect, that there are small, isolated problems, or is there
a much larger problem.

In the same breath (ok keystroke), I should point out that I am not trying
to belittle the anguish the families involved must go through in these cases.
It is a difficult problem, but it is one which I would have hoped the media
could have handled in a more responsible manner. Almost reminds me of
election coverage, but that is another thread....

Nick
-- 

Nick Pemberton                   UUCP: !{utzoo,utai}!lsuc!aimed!nick
AIM, Inc                          Bus: (416) 429-4913
                                 Home: (416) 690-0647

larry@hcr.UUCP (Larry Philps) (01/23/89)

In article <1989Jan20.201648.20385@lsuc.uucp> sean@lsuc.UUCP (Sean Doran the Younger) writes:
>In both cases, there is no criminal.   The Presumption of Innocence
>(Section 2 (f) of Part I of the Canadian Charter of Rights and Freedoms
>and Section 11 (d) of Schedule B of the Constitution Act, 1982)
>should be granted to both the victims in both cases, and it is unwise
>to call them criminals.   Moreover, it is even less wise to point out
>that (referring to the police constables involved) 'Condemnation
>any earlier is baseless conjecture', while still labelling and thus
>condemning the two dead men as criminals.

What people seem to forget is that to the policeman who is being assulted,
calling the assulter the "alleged assuaulter" is ridiculous.  The court, the
members of which were not there at the time, will have to consider the crime
"alledged", but the policeman who sees the knife coming towards him cannot
consider it an alleded attack, he knows the person is guilty and must defend
himself or be injured/killed.

>In article <4674@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) wrote:
>>
>> - a knife weilding man rushes a policeman who then shoots the man.  
>...
>...   They are certainly not allowed to shoot at someone
>brandishing a knife (Police Constables are well trained in the use
>of truncheons and are all taught how to disarm an opponent who is
>using a knife or other weapon), ...
>

By making it illegal for a policeman to defend himself with a gun while being
attacked with a knife, you are assuming that the policeman will always be a
much more expert knife fighter than the attacker, and thus is in no danger
while he is in the process of disarming the attacker.  I am sure this is
often not the case, and thus the policeman is risking his life to avoid
hurting the attacker.  The attacker, on the other hand, if he knows the law,
will realize that he is in no danger of being shot while attacking the
policeman with a knife, and thus is much more likely to do it instead of giving
himself up.

The whole thing disgusts me!  In my opinion, when a criminal decides to use a
weapon (even if that weapon is a moving car) to attack a policeman, I want
him to be "trembling in his boots" at the likelyhood that the policeman will
shoot and kill him.  Right now, a person attacking the policeman, especially
if he already knows he has committed a murder, attacks with the knowledge,
"I can't make things any worse, so I might as well try it."

Larry Philps                             HCR Corporation
130 Bloor St. West, 10th floor           Toronto, Ontario.  M5S 1N5
(416) 922-1937                           {utzoo,utcsri,lsuc}!hcr!larry

derome@ai.toronto.edu (Philippe Derome) (01/23/89)

In article <4674@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) writes:
>
>I can't believe the public whining that has been going on.  People
>seem to be siding with the criminals against the police.  
>
> - a knife weilding man rushes a policeman who then shoots the man.  
>
> - the youthful driver of a known stolen car tries to run down two 
>   policemen and ends up shot
>
>In both these cases currently popular in the press, the criminal 
>is trying to kill the policeman and the policeman strikes back.

In my uderstanding, the policemen (man?) shot in the back of
the car. Perhaps, this was not self-defense. We will see what 
the justice has to say.
>---
>Paul J. Gooderham  (std. disclaimer)

Philippe Derome

henry@utzoo.uucp (Henry Spencer) (01/24/89)

In article <1989Jan20.201648.20385@lsuc.uucp> sean@lsuc.UUCP (Sean Doran the Younger) writes:
>... They are certainly not allowed to shoot at someone
>brandishing a knife (Police Constables are well trained in the use
>of truncheons and are all taught how to disarm an opponent who is
>using a knife or other weapon)...

Let us not forget that knives are lethal weapons, and that disarming
someone with a knife is much easier said than done.  I'm not familiar
with the level of training that Toronto police get, but my understanding
is that disarming anyone carrying anything is generally considered to
be an expert-level procedure, and I would be very surprised if the normal
Toronto policeman has the kind of training needed to do it without grave
risk.  Especially since he'd need constant practice to maintain that
kind of skill.
-- 
Allegedly heard aboard Mir: "A |     Henry Spencer at U of Toronto Zoology
toast to comrade Van Allen!!"  | uunet!attcan!utzoo!henry henry@zoo.toronto.edu

henry@utzoo.uucp (Henry Spencer) (01/24/89)

In article <89Jan22.092537est.38021@neat.ai.toronto.edu> lamy@ai.utoronto.ca (Jean-Francois Lamy) writes:
>...What I would like to know is under what circumstances it would have been
>possible for a) a person admitting to pulling the trigger to a gun that killed
>not to be charged at all and b) the same for a policeman on duty, if they are
>any different...

(Disclaimer:  I'm not familiar with the details of the local laws, this
comes from general knowledge.)  With the *possible* exception of a policeman
on duty, shooting someone will pretty much invariably result in criminal
charges.  The police are not in the business of deciding whether the
shooter had adequate legal reasons; that is a court decision, although
in a sufficiently clear-cut case of self-defence, charges might perhaps
be dismissed without a full-blown trial.

The possible exception for policemen on duty arises because this sort of
situation is somewhat predictable for them, and it's worth having preliminary
procedures to decide whether the hassle of formal charges is likely to
be justified.  (This is not to say that such procedures can't be abused,
just that their existence is not without reason.)
-- 
Allegedly heard aboard Mir: "A |     Henry Spencer at U of Toronto Zoology
toast to comrade Van Allen!!"  | uunet!attcan!utzoo!henry henry@zoo.toronto.edu

paulg@hcr.UUCP (Paul Gooderham) (01/24/89)

In article <89Jan23.093655est.38021@neat.ai.toronto.edu> derome@neat.ai.toronto.edu.UUCP writes:
>In my uderstanding, the policemen (man?) shot in the back of
>the car. Perhaps, this was not self-defense. We will see what 
>the justice has to say.

In my understanding, the police shot at the *tires* of the stolen car
and that a ricocheted bullet struck the young driver.

If it is police procedure to stop a stolen car fleeing from the scene 
of a crime by shooting at its tires and if someone is killed by
accident, then no charges should be laid.  Of course a case
could be made to change police procedure.  Unfortunately, I
am not familiar with the details of police procedure.

In any case, an *investigation* should lead to charges.  Not a
politician's fear of losing the ethnic vote.

Paul J. Gooderham

sarathy@gpu.utcs.toronto.edu (Rajiv Sarathy) (01/24/89)

In article <4742@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) writes:
>
>In my understanding, the police shot at the *tires* of the stolen car
>and that a ricocheted bullet struck the young driver.
>

Somehow, I doubt that a bullet can hit a car tire and ricochet up about 3 feet
and forward (if the back tire was shot) or backward (if the front tire was
shot), go through the window (or metal) and hit the driver anywhere near the
head.  I don't think physics will allow it, considering the fact that it was
a hollow-tip bullet (designed to cause the most amount of damage to the victim
by fragmenting into many pieces).

The Toronto Star reported that the bullet went directly through the window and
into the the back of the driver's head.  (A bullet banned by the Police Act).

-- 
 _____________________________________________________________________________
| Disclaimer:  I'm just an undergrad.                                         |
| All views and opinions are therefore my own.                                |
|                                                                             |
| Rajiv Partha Sarathy                   sarathy@gpu.utcs.utoronto.ca         |
|_____________________________________________________________________________|

tff@na.toronto.edu (Tom Fairgrieve) (01/25/89)

 (Paul Gooderham) paulg@hcrvax.UUCP writes:

>In any case, an *investigation* should lead to charges.  Not a
>politician's fear of losing the ethnic vote.

I am not aware of any cases where charges have been laid without
an investigation being made by a police force or a Crown council.
To which case were you refering?

jim@hcr.UUCP (Jim Sullivan) (01/25/89)

In article <4742@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) writes:
>In article <89Jan23.093655est.38021@neat.ai.toronto.edu> derome@neat.ai.toronto.edu.UUCP writes:
>>In my uderstanding, the policemen (man?) shot in the back of
>>the car. Perhaps, this was not self-defense. We will see what 
>>the justice has to say.
>
>In my understanding, the police shot at the *tires* of the stolen car
>and that a ricocheted bullet struck the young driver.
>
>If it is police procedure to stop a stolen car fleeing from the scene 
>of a crime by shooting at its tires and if someone is killed by
>accident, then no charges should be laid.  Of course a case
>could be made to change police procedure.  Unfortunately, I
>am not familiar with the details of police procedure.

From what I've read about this case, it is not police procedure to ``shoot
out the tires'' of a car.  I does seem to me that some cops are a little
gun happy.  In the Lawson case, the police should have arranged for some
backup and then used the police force to track and apprehend the criminals.
What if Lawson did not realize that the police was chasing them?  His
passenger claims that he was not aware that the police were after them.
I'd hate to think that the police shoot first and fill out the forms later.
What if the police made a mistake and fingered the wrong car?  What if that
was me or you in that car?  Wouldn't you want the police to 1) Identify
themselves and 2) Explain the charges?

I can't help but think about the gentleman in Sarnia who was shot by the OPP
assault team due to confusion.  The OPP though that he was a ``criminal'',
armed and dangereous, and he thought they were someone attacking his house.
Apparently the police did not identify themselves, despite his repeated requests
for identification.  A tragic error. (on both parts, the OPP for not identifing
themselves, the gentleman for taking the law into his own hands)

Jim Sullivan
No Guns No Butter, both can kill you!

soley@ontenv.UUCP (Norman S. Soley) (01/25/89)

In article <1989Jan23.184709.8098@utzoo.uucp>, henry@utzoo.uucp (Henry Spencer) writes:
> In article <1989Jan20.201648.20385@lsuc.uucp> sean@lsuc.UUCP (Sean Doran the Younger) writes:
> >... They are certainly not allowed to shoot at someone
> >brandishing a knife (Police Constables are well trained in the use
> >of truncheons and are all taught how to disarm an opponent who is
> >using a knife or other weapon)...
> 
> Let us not forget that knives are lethal weapons, and that disarming
> someone with a knife is much easier said than done.  I'm not familiar
> with the level of training that Toronto police get, but my understanding
> is that disarming anyone carrying anything is generally considered to
> be an expert-level procedure, and I would be very surprised if the normal
> Toronto policeman has the kind of training needed to do it without grave
> risk.  Especially since he'd need constant practice to maintain that
> kind of skill.

Certianly true. Add to that the fact that it can take several officers
to subdue a desparate man, (for lack of a better term) crazed from adreniline. 
I know that the OPP (I don't know about metro) does not carry on ongoing 
weapons/combat training. There are yearly courses but no tangible 
encouragement to practice throughout the rest of the year (most good 
officers do, for their own protection) this is hardly enough to maintain 
the kind of proficiency needed to disarm a violent attacker. 

I also see little distinction between gun and nightstick, the standard 
truncheon carried by the Metro police is a very nasty weapon indeed
and can, in close combat, kill as easily as a pistol.

My understanding of the policies and standing orders governing the
police suggests that the conditions under which a firearm MIGHT be
used include any situation in which there is a REASONABLE risk of 
death or injury to himself or a member of the public, some stretch
this as far as allowing an officer to shoot a fleeing suspect who is
know to be armed and violent. The essential decision which the courts
will be faced with in both the Donaldson and Lawson cases is whether
the respective officers were correct in their interpretation of
reasonable risk.

-- 
Norman Soley - Data Communications Analyst - Ontario Ministry of the Environment
UUCP:	uunet!attcan!lsuc!ncrcan!ontenv!soley	VOICE:	+1 416 323 2623
OR:     soley@ontenv.UUCP 
  " Stay smart, go cool, be happy, it's the only way to get what you want"

soley@ontenv.UUCP (Norman S. Soley) (01/25/89)

In article <89Jan23.093655est.38021@neat.ai.toronto.edu>, derome@ai.toronto.edu (Philippe Derome) writes:
> In article <4674@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) writes:
> >
> > - the youthful driver of a known stolen car tries to run down two 
> >   policemen and ends up shot
> >
> >In both these cases currently popular in the press, the criminal 
> >is trying to kill the policeman and the policeman strikes back.
> 
> In my uderstanding, the policemen (man?) shot in the back of
> the car. Perhaps, this was not self-defense. We will see what 
> the justice has to say.

Yes it was men.

In all six shots were fired at the moving car, two by the officer who
was at risk of being run down, the other by his partner who was
standing on the driver's side, about even with the driver when
the shooting started. Remember, the officers were investigating a
stolen car in an area where a known gang of car theives, reported as  
armed might have been involved. Officer 1 determines (correctly or
otherwise, that the courts will determine) that he was in danger of 
being run down and shoots 2 shots at the car, officer 2 cannot see 
his partner and does not know who was doing the shooting, assumes 
at least one of shots came from the car theives, draws his weapon 
and shoots 4 shots into the car as it speeds by hitting first the 
drivers door then further along the car, the last bullet he fired 
ricohets off something and hits Lawson.
-- 
Norman Soley - Data Communications Analyst - Ontario Ministry of the Environment
UUCP:	uunet!attcan!lsuc!ncrcan!ontenv!soley	VOICE:	+1 416 323 2623
OR:     soley@ontenv.UUCP 
  " Stay smart, go cool, be happy, it's the only way to get what you want"

nusip@maccs.McMaster.CA (Mike Borza) (01/25/89)

In article <4742@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) writes:
>In my understanding, the police shot at the *tires* of the stolen car
>and that a ricocheted bullet struck the young driver.

In spite of the overwhelming odds against this possibility, it could
be true.

>If it is police procedure to stop a stolen car fleeing from the scene 
>of a crime by shooting at its tires and if someone is killed by
>accident, then no charges should be laid.
[....]
>In any case, an *investigation* should lead to charges.  Not a
>politician's fear of losing the ethnic vote.

In all of this discussion, I note that the allegation that the officer
involved was using ammunition which is prohibited for general use
under the Police Act has been conveniently ignored or forgotten.
I believe that Canadian law holds that a death which occurs during
the commission of a crime is considered a crime in itself.  If the
investigation of the incident in question in fact determined that the
officer was using illegal ammunition, then there is no question that
charges must be laid.  Not being a lawyer myself, I don't know how
the Police Act relates to the Criminal Code of Canada; therefore I
don't know what charge is appropriate.

Knowing a few police officers myself, I am hard pressed to come to a
blanket defence of an entire force.  Some are exemplary citizens;
others would be in jail themselves were it not for the fact that they
are officers of the law, I suspect.  If the report that banned
ammunition was used is true, I would ask myself, "Do I believe an officer
who purposely loaded his/her service revolver with banned ammunition
which served only to magnify the gravity of a wound inflicted with it
be predisposed to use it?".  For me the answer is probably.  Now I ask
myself, "Do I want an individual who knowingly violates the law to
uphold the law?".   My answer is no.  You may well disagree with my
position, but I'd have to ask how much latitude you give police in
their own obeyance of the law.  Would an automatic pistol have been
acceptable?  An automatic rifle?

I expect officers of the law to uphold the law themselves.  This
morning driving in on the highway, I travelled behind an OPP
cruiser at 130 km/h for a distance of about 10 km.  He was chatting
amiably with his companion in the front seat, making unsignaled lane
changes and an occasional lane change across two lanes.  All of
these are offences under the Highway Traffic Act.  How does this
officer enforce the HTA with a clear conscience?  How does the OPP
maintain its credibility in its enforcement of the HTA?  What does
this say about the current "Speeding Slows You Down" crusade? (It
doesn't if you're behind a cop is the right answer, I believe:-)
Similarly, I have watched officers who couldn't be bothered sitting
through a red light go through with their lights on.  It was painfully
obvious that they simply couldn't be bothered waiting.

I don't recall anything about officers obeying the law at their
own discretion, but then it's been a while since high school Law.

mike borza    <nusip@maccs.uucp or antel!mike@maccs.uucp>

soley@ontenv.UUCP (Norman S. Soley) (01/25/89)

In article <4742@hcr.UUCP>, paulg@hcr.UUCP (Paul Gooderham) writes:
> In article <89Jan23.093655est.38021@neat.ai.toronto.edu> derome@neat.ai.toronto.edu.UUCP writes:
> >In my uderstanding, the policemen (man?) shot in the back of
> >the car. Perhaps, this was not self-defense. We will see what 
> >the justice has to say.
> 
> In my understanding, the police shot at the *tires* of the stolen car
> and that a ricocheted bullet struck the young driver.

Nope, The killer bullet was a ricochet but the officer was shooting at
the occupants (I've seen the bullet holes from a distance, they are
all higher than would indicate that the tires were being shot at).
No matter what you see on TV police do not try to shoot out tires.
 
-- 
Norman Soley - Data Communications Analyst - Ontario Ministry of the Environment
UUCP:	uunet!attcan!lsuc!ncrcan!ontenv!soley	VOICE:	+1 416 323 2623
OR:     soley@ontenv.UUCP 
  " Stay smart, go cool, be happy, it's the only way to get what you want"

soley@ontenv.UUCP (Norman S. Soley) (01/25/89)

In article <4744@hcr.UUCP>, jim@hcr.UUCP (Jim Sullivan) writes:
> 
> I does seem to me that some cops are a little gun happy.  In the 
> Lawson case, the police should have arranged for some backup and then 
> used the police force to track and apprehend the criminals.

Good point! but...

> What if Lawson did not realize that the police was chasing them?  His
> passenger claims that he was not aware that the police were after them.
> I'd hate to think that the police shoot first and fill out the forms later.

Lawson was never "chased" and whether he may have known the police were 
after him at all is a moot point, as soon as a uniformed police
officer became illuminated by his headlights, he should have had all
the information he needed to guide his actions, instead he stepped on
the gas and turned the car towards the officer.


> What if the police made a mistake and fingered the wrong car?  What if that
> was me or you in that car?  Wouldn't you want the police to 1) Identify
> themselves and 2) Explain the charges?
> 
> I can't help but think about the gentleman in Sarnia who was shot by the OPP
> assault team due to confusion.  The OPP though that he was a ``criminal'',
> armed and dangereous, and he thought they were someone attacking his house.
> Apparently the police did not identify themselves, despite his repeated 
> requests for identification.  A tragic error. (on both parts, the OPP for 
> not identifing themselves, the gentleman for taking the law into his own 
> hands)

This points out the worst aspect of what has been going on recently
which is media irresponsiblity in its reporting of these cases. I
don't believe it's intentional, but a story like this is rarely
interesting enough to last on the front page until the real facts come
out, All I heard or read about this case was that the OPP true team
shot the wrong man, what got testified at the enquiry tells a very
different story. 

The OPP was searching for a known armed and violent criminal (not the
dead man) who was last seen on foot making his way through back yards,
over fences and so on. This was no quiet operation lots of flashing lights and
sirens, it would have been pretty difficult to not know that something
was going on. The deceased, heavily intoxicated thought he heard a
prowler, so he gets his gun and goes out onto the back porch, swearing
loudly and incoherently and stands under a floodlight, there are 
two officers in his yard, outside the pool of light, they are wearing 
jumpsuits with POLICE in 3 inch high reflective tape on their chests, 
from where he is standing 1 police van with flashing red lights is 
visible, one of the officers says "look out, he's got a gun" the other 
calls out "Police, drop your weapon", nothing happens so he steps into 
the light, holds up his badge and says again "Police, drop your weapon" 
(here accounts differ, some witnesses claim the officer identified 
himself a third time) at this point the man shot (witnesses say once,
physical evidence reveals that at least two shots must have been fired,
there were shotgun pellets in the garage wall several feet away from
the officer who was hit) only then did the second officer return fire.

In addition to attempted murder (or more likely aggrevated assault)
the dead man broke practically every gun law this country and province
has. Its unfortunate that the man was killed, that is true, but I
can't find it in me to think that it was wrong. 

-- 
Norman Soley - Data Communications Analyst - Ontario Ministry of the Environment
UUCP:	uunet!attcan!lsuc!ncrcan!ontenv!soley	VOICE:	+1 416 323 2623
OR:     soley@ontenv.UUCP 
  " Stay smart, go cool, be happy, it's the only way to get what you want"

john@hcr.UUCP (John R. MacMillan) (01/25/89)

In article <1989Jan24.133658.23930@gpu.utcs.toronto.edu> sarathy@gpu.utcs.UUCP (Rajiv Sarathy) writes:
|In article <4742@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) writes:
|>In my understanding, the police shot at the *tires* of the stolen car
|>and that a ricocheted bullet struck the young driver.
|
|Somehow, I doubt that a bullet can hit a car tire and ricochet up about 3 feet
|and forward (if the back tire was shot) or backward (if the front tire was
|shot), go through the window (or metal) and hit the driver anywhere near the
|head.

Note that Paul said "shot *at*" (emphasis mine), not "hit".  Hitting
the tire of a moving vehicle from behind is no mean feat.
-- 
John R. MacMillan	"Life is like a baseball bat. It's long and
HCR Corporation		 hard and hurts when you drop it on your foot"
{utzoo,utcsri}!hcr!john			- Christopher J. Rotherforth

soley@ontenv.UUCP (Norman S. Soley) (01/25/89)

In article <1841@maccs.McMaster.CA> nusip@maccs.McMaster.CA (Mike Borza) writes:
>
> In all of this discussion, I note that the allegation that the officer
> involved was using ammunition which is prohibited for general use
> under the Police Act has been conveniently ignored or forgotten.
> I believe that Canadian law holds that a death which occurs during
> the commission of a crime is considered a crime in itself.  If the
> investigation of the incident in question in fact determined that the
> officer was using illegal ammunition, then there is no question that
> charges must be laid.  Not being a lawyer myself, I don't know how
> the Police Act relates to the Criminal Code of Canada; therefore I
> don't know what charge is appropriate.
> 
> Knowing a few police officers myself, I am hard pressed to come to a
> blanket defence of an entire force.  Some are exemplary citizens;
> others would be in jail themselves were it not for the fact that they
> are officers of the law, I suspect.  If the report that banned
> ammunition was used is true, I would ask myself, "Do I believe an officer
> who purposely loaded his/her service revolver with banned ammunition
> which served only to magnify the gravity of a wound inflicted with it
> be predisposed to use it?".  For me the answer is probably.  Now I ask
> myself, "Do I want an individual who knowingly violates the law to
> uphold the law?".   My answer is no.  You may well disagree with my
> position, but I'd have to ask how much latitude you give police in
> their own obeyance of the law.  Would an automatic pistol have been
> acceptable?  An automatic rifle?

You've raised some very good questions, it's not been publically 
established as yet that "illegal" bullets were used, although I believe
it is the case. If it turns out to be true then in the very least he
should receive the maximum penalty provided for in the police act
(which would be dismissal). As far as other criminal charges go there
are several possiblities:

	1) The officer (except for the use of banned bullets) acted 
	   correctly and within the line of duty - No further charges
	   or Criminal Negligence causing death.

	2) The officer acted incorrectly, but without malice and was
	   not shooting to kill (unlikely) - Manslaughter

	3) The officer acted incorrectly but without malice and was
	   shooting to kill - 2nd Degree Murder

	4) The officer acted incorrectly with malice, and intent to
	   kill - 1st Degree Murder

It is my contention that #1 applies to the officer who fired the
killer shot, the other officer on the other hand is probably guilty of
the charge of aggrevated assault which has been layed against him. 

outside of any legal consideration there are moral questions here, I
think the moral boundry represented by hollow point bullets has
already been crossed. Until a few years ago, police in Ontario could
only use copper jacketed bullets, small hole going in, small hole
going out, tumble resistant and ricochets somewhat predicably, however
they had little change of actually stopping a criminal from doing
anything unless aimed very accurately. Then they were allowed their
current load, the lead semi-wadcutter, small to medium hole going in,
larger hole going out, flat nosed so they tumble easier, thus ripping
an even larger hole or bouncing unpredicably, impact is frequently
sufficient to put the shootee into immediate shock. The "banned"
hollow point bullet is very similar to the current load, sure it does
a little more damage but it's of the same type and effect of the
current load. This doesn't change the fact that the officer should be
punished under the police act. But to me at any rate it suggests that
any consideration of the criminal nature of the officers acts should
not be affected by the load he had in his gun.

-- 
Norman Soley - Data Communications Analyst - Ontario Ministry of the Environment
UUCP:	uunet!attcan!lsuc!ncrcan!ontenv!soley	VOICE:	+1 416 323 2623
OR:     soley@ontenv.UUCP 
  " Stay smart, go cool, be happy, it's the only way to get what you want"

soley@ontenv.UUCP (Norman S. Soley) (01/25/89)

In article <89Jan24.160527est.10808@ephemeral.ai.toronto.edu>, tff@na.toronto.edu (Tom Fairgrieve) writes:
> 
>  (Paul Gooderham) paulg@hcrvax.UUCP writes:
> 
> >In any case, an *investigation* should lead to charges.  Not a
> >politician's fear of losing the ethnic vote.
> 
> I am not aware of any cases where charges have been laid without
> an investigation being made by a police force or a Crown council.
> To which case were you refering?

In the Donaldson case the investigations by both the crown council and
the OPP recommended that no charges be laid due to insufficient
evidence, someone somewhere in the Ministry of the Attorney General
has chosen to IGNORE this advise. 

There are some serious questions to be asked about the Donaldson Case,
but this charge of manslaughter is working against the interest of
real justice, it's quite likely that the officer in question acted
correctly in the day of the shooting, what should really be called
into question is the apparent harrassment (by other officers if I'm
not mistaken) that led up to this case, but now that the charge has
been layed any chance of a proper investigation of the events leading
up to the Donaldson killing is now very slim.
-- 
Norman Soley - Data Communications Analyst - Ontario Ministry of the Environment
UUCP:	uunet!attcan!lsuc!ncrcan!ontenv!soley	VOICE:	+1 416 323 2623
OR:     soley@ontenv.UUCP 
  " Stay smart, go cool, be happy, it's the only way to get what you want"

john@hcr.UUCP (John R. MacMillan) (01/26/89)

In article <380@ontenv.UUCP> soley@ontenv.UUCP writes:
|In article <4742@hcr.UUCP>, paulg@hcr.UUCP (Paul Gooderham) writes:
|> In article <89Jan23.093655est.38021@neat.ai.toronto.edu> derome@neat.ai.toronto.edu.UUCP writes:
|> >In my uderstanding, the policemen (man?) shot in the back of
|> >the car. Perhaps, this was not self-defense. We will see what 
|> >the justice has to say.
|> 
|> In my understanding, the police shot at the *tires* of the stolen car
|> and that a ricocheted bullet struck the young driver.
|
|Nope, The killer bullet was a ricochet but the officer was shooting at
|the occupants (I've seen the bullet holes from a distance, they are
|all higher than would indicate that the tires were being shot at).
|No matter what you see on TV police do not try to shoot out tires.

Most of the holes were in the back of the car, all but one (the lethal
one) lower than would indicate that the occupants were being shot at.

Either way, he missed what he was shooting at.  I've heard several
reports that the officer claims he was shooting at the tires, and I've
heard you claim he was shooting at the occupants.  No offense, but I
think I'll believe the reports and the officer unless something new
turns up.
-- 
John R. MacMillan	"Life is like a baseball bat. It's long and
HCR Corporation		 hard and hurts when you drop it on your foot"
{utzoo,utcsri}!hcr!john			- Christopher J. Rotherforth

sarathy@gpu.utcs.toronto.edu (Rajiv Sarathy) (01/26/89)

In article <4761@hcr.UUCP> john@hcrvax.UUCP (John R. MacMillan) writes:
>In article <1989Jan24.133658.23930@gpu.utcs.toronto.edu> sarathy@gpu.utcs.UUCP (Rajiv Sarathy) writes:
>|In article <4742@hcr.UUCP> paulg@hcrvax.UUCP (Paul Gooderham) writes:
>|>In my understanding, the police shot at the *tires* of the stolen car
>|>and that a ricocheted bullet struck the young driver.
>|
>|Somehow, I doubt that a bullet can hit a car tire and ricochet up about 3 feet
>|and forward (if the back tire was shot) or backward (if the front tire was
>|shot), go through the window (or metal) and hit the driver anywhere near the
>|head.
>
>Note that Paul said "shot *at*" (emphasis mine), not "hit".  Hitting
>the tire of a moving vehicle from behind is no mean feat.

I've never tried shooting the tires of a moving vehicle myself, and I believe
you if you say that it "is no mean feat".

However, policemen often practice shooting at stationary and moving targets in
their shooting ranges, from what I've seen on TV (I'm no Toronto Police expert).
So if they were aiming at the tire, how did they hit the driver at the back of
the head?

I seriously doubt that the bullet richocheted off something and then hit him.
You took out the line I had in my original posting saying that the bullet was
HOLLOW-TIPPED.  I've read that these bullets do VERY LITTLE damage once they
hit something because their velocity diminishes to relatively VERY LOW once
they hit something, and their mass is much less than a regular bullet.  Hence,
if you know anything about physics, you know that their kinetic energy will
be even lower than the ratio of differences between the velocity and mass,
since they're being multiplied (the product of two small fractions is a smaller
fraction).

CONCLUSION:  THE BULLET WENT STRAIGHT THROUGH THE GLASS AND INTO THE DRIVER'S
		HEAD.  THIS IMPLIES THAT THE COP WAS EITHER A VERY POOR SHOOTER
		OR HE AIMED AT THE DRIVER.

Of course, this is based on absolutely no legal evidence, and is very
circumstantial.  But it's fuel to the fire.

-- 
 _____________________________________________________________________________
| Disclaimer:  I'm just an undergrad.                                         |
| All views and opinions are therefore my own.                                |
|                                                                             |
| Rajiv Partha Sarathy                   sarathy@gpu.utcs.utoronto.ca         |
|_____________________________________________________________________________|

dave@lsuc.uucp (David Sherman) (01/27/89)

> > I am not aware of any cases where charges have been laid without
> > an investigation being made by a police force or a Crown council.
> 
> In the Donaldson case the investigations by both the crown council and
> the OPP recommended that no charges be laid...

I don't normally make an issue of spelling mistakes, but
this is one which should be clarified for informational
purposes.  It's "Crown counsel", not "council".

A council is a group of people who meet and make decisions.
Counsel is the word for a Canadian lawyer who is in court
or who is representing a client in a case which is going
to court.  Crown counsel is counsel for the Crown; Her Majesty,
as you no doubt know, is nominally the party who brings all
criminal charges to court.

So there is no "council" making the kinds of decision under
discussion.  There is Crown counsel, also known as a Crown
attorney, who is a lawyer who works for the government.

Incidentally, "Crown attorney" and "Attorney-General" are
the only cases where one refers to a Canadian lawyer as
an attorney.  It's a U.S. term for the generic lawyer,
but definitely not a Canadian one.  All members of the
Law Society of Upper Canada (i.e., lawyers entitled to
practise in Ontario) are "barristers and solicitors".
These are separate professions in England but merged here.
So you can refer to thatcharacterwhochargestoomuch as a lawyer,
barrister, solicitor, or counsel, depending on the circumstances,
but don't ever use "attorney" or we'll know you've been watching
too much American TV.  ("Counselor" is also an Americanism.)
In court, a lawyer will refer to the opposing lawyer as "my friend",
or if the opposing lawyer is a Q.C., "my learned friend".  But I
digress.

As a further aside, almost all lawyers who work as lawyers
in the federal government are officially employed by the
Department of Justice, and in the Ontario government by
the Attorney-General's office.  These are the two largest
"law firms" in the country, and they act as counsel to
all of the other (federal) departments and (provincial)
ministries.  The relationship is often very much a
lawyer-client relationship, as for example where income tax
litigation is handled by the Department of Justice on behalf
of its client Revenue Canada Taxation.  In the more normal
criminal cases, including the police shooting question,
Crown counsel is an employee of the Attorney-General's office,
which is the ministry responsible for bringing criminal
prosecutions.

David Sherman
-- 
Moderator, mail.yiddish
{ uunet!attcan  att  pyramid!utai  utzoo } !lsuc!dave

tff@na.toronto.edu (Tom Fairgrieve) (01/27/89)

  Norman S. Soley (soley@ontenv.UUCP)  writes :
>In the Donaldson case the investigations by both the crown council and
>the OPP recommended that no charges be laid due to insufficient
>evidence, someone somewhere in the Ministry of the Attorney General
>has chosen to IGNORE this advise. 

I believe that the Globe and Mail said that the initial investigation
was reviewed by two criminal lawyers at the Crown Law Office, and their
decision that there was sufficient evidence was examined by the director
of criminal division of the Crown Law Office (who is the "top" (or very close)
criminal lawyer at the Ministry).  The lawyers in this Office handle all 
appeals to the Ontario and Canadian Supreme Courts and are supposed to
be more "learned" than those in local offices.

Perhaps "IGNORE" is a bit too loaded. How about "came to a different 
conclusion"?

john@hcr.UUCP (John R. MacMillan) (01/27/89)

In article <1989Jan26.112904.22906@gpu.utcs.toronto.edu> sarathy@gpu.utcs.UUCP (Rajiv Sarathy) writes:
|However, policemen often practice shooting at stationary and moving targets in
|their shooting ranges, from what I've seen on TV (I'm no Toronto Police expert).
|So if they were aiming at the tire, how did they hit the driver at the back of
|the head?

If they were aiming at the driver, and they're such good shots, why
did they only hit him once?  Because nobody's perfect.  One shot went
through the rear window.  So whether they were aiming at the tires or
the passengers, their accuracy was not too good.

|I seriously doubt that the bullet richocheted off something and then hit him.

I'm seriously convinced of it.  Reports I've read indicate the bullet
ricocheted off a support column and struck the driver in the neck.

|You took out the line I had in my original posting saying that the bullet was
|HOLLOW-TIPPED.  I've read that these bullets do VERY LITTLE damage once they
|hit something because their velocity diminishes to relatively VERY LOW once
|they hit something, and their mass is much less than a regular bullet.

Hollow-point bullets deform on impact, in an attempt to do MORE damage
to the target.  Because they deform, ricochets are "wilder" and are
moving some slower.  However, the mass is not "much" less than a
regular load, and there will still be plenty of kinetic energy to kill
if the bullet strikes a dangerous area like the head or neck.

As I recall, the driver wasn't killed instantly, as would be expected
if the shot was a direct hit in the head or neck.

|CONCLUSION:  THE BULLET WENT STRAIGHT THROUGH THE GLASS AND INTO THE DRIVER'S
|		HEAD.  THIS IMPLIES THAT THE COP WAS EITHER A VERY POOR SHOOTER
|		OR HE AIMED AT THE DRIVER.

Well, despite the way those capital letters make your conclusion more
convincing, I have to disagree.  And even if it did go straight
through, there's a good argument that the cop was a lousy shot.
-- 
John R. MacMillan	"Life is like a baseball bat. It's long and
HCR Corporation		 hard and hurts when you drop it on your foot"
{utzoo,utcsri}!hcr!john			- Christopher J. Rotherforth

clewis@ecicrl.UUCP (Chris Lewis) (01/28/89)

HEY EVERYBODY!  This is getting out of hand.  If you think that the media
can totally screw up a story, just carefully go thru all of the conflicting
rumors here.  The media can't screw up anything near as bad as USENET
does.  What I'm seeing going past here makes the newspaper stories about
rec.humor.funny look like gospel from the mount.

I strongly recommend that everyone stop further speculation.  There
seem to be just as many stories as there are people.  The media is not
doing a good job in telling what happened or is claimed to have happened.
From the complete mismash of stuff here, you'd almost think people
are inventing their own versions.

This is an extremely sensitive issue - let's wait for the hearing where
everyone gets to tell their story under oath.  Spreading unsubstantiated
rumor like this discussion is doing won't do anyone any good.  Especially
if someone from the net ends up on the jury....  The AG is keeping his
mouth shut for a reason - to not prejudice the trial - let's not make
the job harder than it already is.

If you want to talk fine points of law (eg: procedure leading up to
trial) or more general issues, fine.  Just no more speculation on what
might have happened.  Okay?

I'm not singling the article I'm following up on out for any particular reason,
except for the following statement - which is simply an example of how twisted
this story is getting:

In article <1989Jan26.112904.22906@gpu.utcs.toronto.edu> sarathy@gpu.utcs.UUCP (Rajiv Sarathy) writes:

>I seriously doubt that the bullet richocheted off something and then hit him.
>You took out the line I had in my original posting saying that the bullet was
>HOLLOW-TIPPED.  I've read that these bullets do VERY LITTLE damage once they
                                                 ^^^^^^^^^^^^^^^^^^

Wrong.  Hollow-tipped is the same thing as "mushroom".  Any hollow tip round 
larger than 22 caliber will take half your head off.  You ever see "The Day
of the Jackal", where he's testing his bullets on a watermelon and
practically the whole thing disappears in a cloud of pink spray?  Or,
slow motion footage of the carnage that Lee Harvey Oswald caused?  Or what
even a .22 short mushroom will do to a bar of soap?  (great fun, BTW ;-}
*That's* hollow tip.

The media was referring to soft-point *NOT* hollow-tip.  If the police
officer had used hollow-tip he would have been charged *immediately*
with murder.

"Soft-point" is something somewhat different: the bullet deforms on impact.
These can be "optimized" for several different results:

	1) minimal penetration (so it doesn't go thru walls and three
	   other people you didn't know were there)
	2) Maximal damage.
	3) Maximal shock.

The bullets that hit Bastien (the OPP shooting discussed previously) were
(1) - police bullets specifically designed for the purpose of hitting one
and only one person.

Good ol' Bob Rae made a big thing about soft-point and their prohibition.
Far from it - they *do* have a place.  Even those designed for "max damage"
or "max shock".  These are hunting bullets - to ensure as quick a kill as
possible of large animals.  The use of anything but mushroom or soft-point
rounds for big game hunting is extremely cruel and stupid.

>hit something because their velocity diminishes to relatively VERY LOW once
>they hit something, and their mass is much less than a regular bullet.  Hence,
>if you know anything about physics, you know that their kinetic energy will
>be even lower than the ratio of differences between the velocity and mass,
>since they're being multiplied (the product of two small fractions is a smaller
>fraction).

Exactly - most mushroom rounds will almost completely disintegrate when they
hit anything solid, thus making your conclusion:

>CONCLUSION:  THE BULLET WENT STRAIGHT THROUGH THE GLASS AND INTO THE DRIVER'S
>		HEAD.  THIS IMPLIES THAT THE COP WAS EITHER A VERY POOR SHOOTER
>		OR HE AIMED AT THE DRIVER.

nonsensical.  Not to mention problems of glass refraction and the abysmal 
lighting conditions that were present.

In perfect lighting conditions, with near-zero refraction in the window, 
constant velocity (eg: the driver conveniently lets up on the gas), and 
a *hard* point round, a policeman just *might* be able to hit something the 
size of someone's head on purpose.

*Nobody* shoots as good as Dirty Harry.
-- 
Chris Lewis, Markham, Ontario, Canada
{uunet!attcan,utgpu,yunexus,utzoo}!lsuc!ecicrl!clewis
Ferret Mailing list: ...!lsuc!gate!eci386!ferret-request
(or lsuc!gate!eci386!clewis or lsuc!clewis)

sarathy@gpu.utcs.toronto.edu (Rajiv Sarathy) (01/29/89)

In article <4800@hcr.UUCP> john@hcrvax.UUCP (John R. MacMillan) writes:
>In article <1989Jan26.112904.22906@gpu.utcs.toronto.edu> sarathy@gpu.utcs.UUCP (Rajiv Sarathy) writes:
>|However, policemen often practice shooting at stationary and moving targets in
>|their shooting ranges, from what I've seen on TV (I'm no Toronto Police expert).
>|So if they were aiming at the tire, how did they hit the driver at the back of
>|the head?
>
>If they were aiming at the driver, and they're such good shots, why
>did they only hit him once?  Because nobody's perfect.  One shot went
>through the rear window.  So whether they were aiming at the tires or
>the passengers, their accuracy was not too good.

An eye witness on the net said that the majority of bullet holes in the car
were in the upper part indicating that they were aiming at the driver.
I don't know -- I wasn't there and didn't see any photos.

>|You took out the line I had in my original posting saying that the bullet was
>|HOLLOW-TIPPED.  I've read that these bullets do VERY LITTLE damage once they
>|hit something because their velocity diminishes to relatively VERY LOW once
>|they hit something, and their mass is much less than a regular bullet.

Oops.  My original posting did talk about hollow-tipped/hollow-point bullets,
but here I guess I meant soft-tipped/soft-point bullets.

Now I don't even remember which one the officers were purportedly using.  Says
a lot for rumours on the net, I guess.
-- 
 _____________________________________________________________________________
| Disclaimer:  I'm just an undergrad.                                         |
| All views and opinions are therefore my own.                                |
|                                                                             |
| Rajiv Partha Sarathy                   sarathy@gpu.utcs.utoronto.ca         |
|_____________________________________________________________________________|

dave@lethe.UUCP (David Collier-Brown) (01/30/89)

In article <1989Jan26.112904.22906@gpu.utcs.toronto.edu> sarathy@gpu.utcs.UUCP (Rajiv Sarathy) writes:
|However, policemen often practice shooting at stationary and moving targets in
|their shooting ranges, from what I've seen on TV (I'm no Toronto Police expert).
|So if they were aiming at the tire, how did they hit the driver at the back of
|the head?

  If you've ever fired a pistol, you'd know.  (No, I'm not attacking
the questioner... read the next paragraph before you think I'm being
nasty to him)

  I admit being a **terrible** shot with a rifle (ie, I can only hit
things within a few hundred yards), but if I could shoot that well
with a pistol I'd be placing in the top target-pistol shots in
the world.
  A pistol is a point-blank defensive weapon, intended as a means of
protecting a soldier's life in extreme circumstances.  Police and
criminals use them as general-purpose weapons, at the cost of not
being able to hit what they aim at a large part of the time.
  And that's on the first shot.  On the second or third, the muzzle
is pointing off in some implausible direction (usually up and to one
side) and the shooter is trying very hard to get it to point the
same direction as her arm...

   One of the good things, though, is the poor penetration of a
pistol bullet.  They tend to be deflected by tempered glass and/or
thin sheet metal, slowed by wooden walls and stopped by brick.  This
tends to make them somewhat less dangerous to those nearby who end up
at risk whenever anyone touches off one of those !#&%$!!
hand-cannons.

   [The only thing less desirable as a police sidearm is the light
SMGs used by some security forces.  They have all the accuracy of a
pistol with an extra handgrip (ie, they're not **quite** as bad),
and they fire multiple rounds very quickly, which means it's very
hard to keep them on target. And they often fire hard-tipped
military-short rounds, which penetrate walls, cars, etc surprisingly
well...]

  Therefore I can well imagine a policeman firing several shots at
the car from the rear and side, and having one of the later rounds
enter the (now smashed) window an strike the driver.  Or,
optionally, smash the window and be reflected into the driver's
head.  Or maybe (as was claimed) ricochet off some part of the
bodywork and strike the driver in the head.
  What I would actually **expect** is rounds fired at the car would
ricochet and end up lodged in nearby buildings, policemen and
passers-bye.

 --dave (late of HM Canadian Forces) c-b
[from the above, you can probably guess the origins of my dislike of
pistols]

mike@ists.ists.ca (Mike Clarkson) (01/31/89)

In article <3615@geaclib.UUCP>, dave@lethe.UUCP (David Collier-Brown) writes:
>   A pistol is a point-blank defensive weapon, intended as a means of
> protecting a soldier's life in extreme circumstances.  Police and
> criminals use them as general-purpose weapons, at the cost of not
> being able to hit what they aim at a large part of the time.

When I was in Vancouver some years ago, qn armed robber walked into a bank 
to hold it up.  By chance, ununiformed detective was in the manager's office
on an unrelated matter.  He drew his gun and tried to arrest the robber.

A firefight ensued at point-blank range. 13 shots were fired at less than 10 
feet.  If I recall correctly, the officer was the only one to be hit,
and even then, only grazed by one bullet.

>   What I would actually **expect** is rounds fired at the car would
> ricochet and end up lodged in nearby buildings, policemen and
> passers-bye.

This basic fact of ballistic life makes police much more reticent to fire
than most people are aware.  They only shoot the tires out in Hollywood -
real policeMEN aim for the gas tank!


-- 
Mike Clarkson					mike@ists.UUCP
Institute for Space and Terrestrial Science	mike@ists.ists.ca
York University, North York, Ontario,		uunet!mnetor!yunexus!ists!mike
CANADA M3J 1P3					+1 (416) 736-5611

henry@utzoo.uucp (Henry Spencer) (02/08/89)

In article <358@ists.ists.ca> mike@ists.ists.ca (Mike Clarkson) writes:
>>   A pistol is a point-blank defensive weapon, intended as a means of
>> protecting a soldier's life in extreme circumstances.  Police and
>> criminals use them as general-purpose weapons, at the cost of not
>> being able to hit what they aim at a large part of the time.
>
>[Vancouver bank stickup]
>A firefight ensued at point-blank range. 13 shots were fired at less than 10 
>feet.  If I recall correctly, the officer was the only one to be hit,
>and even then, only grazed by one bullet.

What this demonstrates is that standard police training does not lead to
a useful standard of pistol marksmanship, especially if not backed up by
persistent practice.  (Pistol marksmanship fades quickly unless maintained.)
A police officer with proper pistol training and a proper pistol -- both very
rare in normal police departments, unless the officer sought them out (and
probably paid for them) himself -- would probably have fired two shots, which
would have ended the "firefight" with no return fire.  (Actually, the first
shot would usually suffice, but firing twice is safer.)

Yes, Virginia, it is possible to fire a pistol accurately, even under stress.
However, it takes proper training, which is too lengthy (i.e. expensive) for
most police departments (and, for that matter, most armed forces), and serious
continuing practice.  A well-built pistol is capable of being quite accurate,
but it doesn't come for free.
-- 
Allegedly heard aboard Mir: "A |     Henry Spencer at U of Toronto Zoology
toast to comrade Van Allen!!"  | uunet!attcan!utzoo!henry henry@zoo.toronto.edu