Cops mistake water nozzle for gun...

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CRXican

Diamond Member
Jun 9, 2004
9,062
1
0
Range is the same, accuracy is not. Way to be completely ignorant.

Aso, it's part of their job requirement to identify themselves.

you're late the party and know nothing of their "job requirements"

go back and read the thread
 

Ns1

No Lifer
Jun 17, 2001
55,414
1,574
126
Police must pay $6.5 million after killing man holding water nozzle

The family of a 35-year-old man who was shot to death by Long Beach police after they mistook a water hose nozzle he was holding for a handgun was awarded $6.5 million in damages by a federal jury Thursday.

After a day of deliberations, the jury found that two officers violated Douglas Zerby’s constitutional rights and were negligent in the December 2010 fatal shooting outside his Belmont Shore apartment.

Attorneys for Zerby's son and parents argued that officers never delivered any verbal warning to Zerby and that it was a case of contagious fire where one officer fired by mistake, prompting another officer to shoot based on the belief he was under fire.

By contrast, attorneys for the city argued that Officer Jeff Shurtleff, a six-year veteran, and Officer Victor Ortiz, a 10-year veteran, opened fire because they believed that Zerby was about to shoot them and mistook the nozzle for a handgun.

To bolster their argument, they noted that prosecutors declined to charge the officers' finding that Zerby was in possession of an object believed by both residents and responding officers to be a firearm, and that the position of his arms was consistent with someone making a motion to point a gun and shoot.

Attorney Dale Galipo, however, argued to jurors that officers were concealed and covered before they delivered the deadly rounds in the 5300 block of East Ocean Boulevard. Experts testified it was unlikely Zerby was standing up with his hands outstretched pointing the nozzle at police because he lacked hand wounds consistent with that position.

At the time, authorities said they were on their way to an apartment in the Belmont Shore neighborhood after someone reported seeing a man with a handgun.

Zerby was sitting outside a friend's apartment, holding what police believed was a handgun, pointing it to his side and waving it around as Ortiz and Shurtleff took cover inside a nearby apartment.

The officers did not attempt to identify themselves to Zerby nor did they order him to drop his weapon, according to a district attorney's report.

The officers requested additional officers, a police helicopter and the Long Beach Police Department’s mental evaluation team. But the officers told investigators Zerby pointed the nozzle at them, prompting their gunfire.

Ortiz was 38 feet away when he fired his shotgun and Shurtleff was about 23 feet away when he fired his handgun.

Zerby was pronounced dead at the scene and a black pistol-grip water nozzle with a metal tip was recovered.

A third officer watched Zerby from 56 feet away through the telescopic sight of a rifle but did not fire, according to a prosecutor’s declination.

An autopsy showed that Zerby had been shot 12 times. He had a blood-alcohol level of 0.42% and had valium and THC in his system at the time of his death.

http://www.latimes.com/local/lanow/la-me-ln-water-nozzle-shooting-20130404,0,1716709.story
 

BUTCH1

Lifer
Jul 15, 2000
20,433
1,769
126
Kinda of a toughie here, on one hand sitting outside and pointing a black water nozzle at the cops is really, really dumb...BUT.. I think that a cop has to at least identify himself before shooting, I'm guessing they approached him in a tactical manner so even if he had a gun the chances of a hit would have been minimal..
 

EagleKeeper

Discussion Club Moderator<br>Elite Member
Staff member
Oct 30, 2000
42,591
5
0
that's why you're a piece of shit, shooting an unarmed drunk man.

Conjure up all the hypotheticals you want, the reality is the LBPD shot an unarmed drunk man chilling on the porch without so much as saying a goddamn word.


I'll rescind ALL of these comments if it comes out that the PD identified themselves AND told the guy to drop the weapon or put his hands up.

How did they know he was drunk and unarmed?

they roll because of an reported weapon. They show up and the guy (who happens to be drunk and smoking weed) is holding "black pistol-grip water nozzle with a metal tip"

Yes they should have called out; but in his state; he probably had no comprehension.

Taking time to see if it is a weapon that is being pointed at them can be deadly to the LEO and the public.

If the officers were under cover; they did have the time to call out.
 

Rifter

Lifer
Oct 9, 1999
11,522
751
126
Dude was an idiot...Im sorry I wouldn't even do that if I was drunk.
Stupid is stupid and thats why he's dead.

Ya im sure you never pointed any object at anyone ever when drunk. Bullshit statement.

Remember they cops never identified themselves or issued any orders to put up hands or drop weapon. They literally showed up and as soon as he noticed them they shot him, sure he had what could be mistaken from the dark as a weapon but they still should have clearly identified themselves before opening fire.

So while the statement you made might be true in the sense that you would never point an object a a cop when drunk that isn't the case here, this person had no idea who the people who showed up and shot him were. Depending on the uniforms cops at night are very hard to see a lot of the time as their uniforms are dark blue and not all of them have reflective stripes.
 

edro

Lifer
Apr 5, 2002
24,328
68
91
We might as well search for an update to the story now that it is necroed.
 

HumblePie

Lifer
Oct 30, 2000
14,667
440
126
Well, the jury and legal system decided the cops were in the wrong on this case. As it should be. Did the cops have to approach him? Nope. Could they have stood behind cover and called out to the man to drop whatever "weapon" was in his hand. Yep. They certainly should have as hindsight shows this to have been the best course of action for this scenario.

Cops fucked up at the scene. Yes MWAG is a tense scenario even if the scenario has a person with a gun like object by no actual gun. Yes cops need to be careful, but there is a difference between being careful and safe, and having what happened in this scenario.
 

waggy

No Lifer
Dec 14, 2000
68,145
10
81

jpeyton

Moderator in SFF, Notebooks, Pre-Built/Barebones
Moderator
Aug 23, 2003
25,375
142
116
$6.5 million, not bad. Family lost a drug-addict, gained a nest egg.
 
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