Post is a little long, but opinions wanted.

Thanks
I appreciate it.

_________________
If the world didn't suck we would all fall off. (Luvonda)
Nobody has power over you that you do not allow them to have. (Scott)
Be careful of the seeds you plant because one day they will be harvested.

Dave
Private Investigator
Licensed by the NYS DOS Division of Licensing

Drawing your weapon and assuming a ready position in response to a perceived threat is acceptable, but you'd better be ready to use it for it's intended purpose, which does NOT include "scaring" a perp into submission. Firing your weapon in response to an actual threat in order to mitigate same is also acceptable, but you'd better be prepared to articulate the circumstances surrounding that decision in court, both civil and criminal. In this environment, "warning shots" are poor judgement and amount to little more than an uncontrolled discharge of your weapon, which could most certainly result in tragedy.

Having said this, I'd like to add that the conduct of the sergeant in question while on the stand would have (and should have) resulted in disciplinary action in most of the jurisdictions I've been exposed to over the last twenty years. It's hard to say what set him off against the agent(s) in question, but it's obvious he wasn't prepared to take whatever case he thought he may have had to court.

As for the agent(s) in question, vindication in this matter is in order, however... Perhaps some remedial firearms and liability training would also be of some benefit, as well.

_________________
Doug DiNatale Bail Bonds
Vienna, MO
(573) 368-6672

"Never underestimate the power of stupid people in large groups."

Doug, I was with you last time I had my weapon out. I think that was justified, dont you? That crazy bastard was going to shoot me, I had no doubt in my mind. It was in his favor that he calmed down before reaching the point of no return.

Andy, that was absolutely justified, no doubt. You responded to an actual threat with a proper level of force, and your response mitigated the situation without a need for further escalation on your part. There's no doubt in my mind what would have happened next, had the SIQ not used better judgement and de-escalated his response to our presence. Your tactically sound and well played decision resulted in a good day for all involved. And I'm pretty sure, warning shots wouldn't have been on the agenda had the SIQ chosen a less logical approach to the situation.

I'm glad you have my back!

_________________
Doug DiNatale Bail Bonds
Vienna, MO
(573) 368-6672

"Never underestimate the power of stupid people in large groups."

I am not one for arm chair quarter backing, because one can never understand the situation unless they have been through it. Police officers sweat the same type of review by individuals that have the time to noodle through the scenario after the fact in the safety of their office. That said, I try never to be in a situation where I am defending an indefensible situation. I was always told never to pull my weapon unless I intend to use it. If I use it, shoot to kill, period. When confronted with law enforcement, say only that I was in fear for my life and nothing more, period.

This situation is truly unfortunate, but anyone that would fire warning shots is not the right personality for this job. If the individual returned to the same place, he would continue to do so. Come back when better prepared with enough people or LE K-9 back up if available. The most important part of our business is that we choose the time to act, not react. If the situation just does not add up or someone on your team has a bad feeling, withdraw and come back another day. The legal fees will never be covered by the fee earned for the apprehension. Thank God he didn't shoot him in the back unarmed or we would be having an entirely different discussion about maintaining our industry.

Best of luck to him, there but for the Grace of God go any one of us.

Scott

_________________
R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)

In my opinion. Firing in the air, was a very bad decision. LE had every right to charge the individual. It is unfortunate, but he should have only fired (at the suspect) while under threat of imminent danger or death. The Sgt. did seem to react unprofessionally, but he probably got his ass into a jam when the Watch Commander found out what had transpired. As for the bail agents, you live and you learn I guess.

_________________
Joshua P. Woodby
P.I./Surety Agent/Washington Co. TN Appointed Process Server
Owner, A Beagle Investigations and Process Service
TN P.I. License #6232, TN P.I. Company License #1496
Senior Agent, A Bail Away Bonding Company Inc.
T.A.P.B.A. Certification Always Current