Eric Sanders, Esq. · @SandersFirmPC
14th Oct 2013 from TwitLonger
Good Evening Everyone:
I apologize for the long email but, I need to address the fact that the facts and circumstances surrounding the shooting of Miriam Carey has not been vigorously challenged by the media and the general public. Now that we have the sworn affidavit filed in this case by the Metropolitan Police Department in federal court, we are more confident than ever that these police officers' completely mishandled this simple "street encounter" and one or more of them should be criminally prosecuted for violating Miriam Carey's civil rights.
First, basic common sense tells you that things should have been done differently. Quite frankly, any properly trained professional law enforcement person, such as myself (retired NYPD) will tell you that moving vehicles are not defined as "deadly weapons" under department Use of Force guidelines.
Quite frankly, just about every major police agency in the United States including the District of Columbia "strictly prohibits discharging service weapons towards moving vehicles" for a host of philosophical and safety reasons, unless the person operating the moving vehicle is using "deadly physical force by means other than a moving vehicle." See, the onerous is on the United States Secret Service Uniformed Division, the United States Capitol Police or any other law enforcement agency to justify their use of force against Miriam Carey. If their legal argument is that they were protecting the United States Capitol, White House or any other "property"... Well, you know the result, their actions arenot justified. Remember, the use of force guidelines value life over property.
Secondly, from a law enforcement point of view, the Miriam Carey case is not "complex" from a police science perspective to understand. Yes, there is a science to policing.
These law enforcement officials completely mishandled at best, a simple "suspicious vehicle" car stop, such car stops are handled professionally by law enforcement officials all over the world everyday without incident including in other cities with so-called "high value targets." Using the term "high value target" is nothing other than a emotionally charged red herring to distract the public from demanding relevant answers from government officials who obviously violated Miriam Carey's civil rights under the guise of protecting society from "Terrorism." I sarcastically call it the new civil rights Qualified Immunity defense.
To suggest that somehow in the District of Columbia there should a different legal standard, is intellectually disingenuous.
Thirdly, the Department of Homeland Security was established with the passage of Public Law 107-296 which in part, transferred the United States Secret Service from the Department of the Treasury, to the new department effective March 1, 2003.
Under the old guidelines, while part of the United States Treasury, the United States Secret Service discharge of their service weapons would NOT be justified... Read the old regulations.
As soon as I find some reference to the new guidelines, while part of the Department of Homeland Security, I am quite confident the result would be the same, NOT justified. http://www.treasury.gov/about/role-of-treasury/orders-directives/Pages/to105-12.aspx
Finally, can someone tell me where in the sworn affidavit does the affiant say that Miriam hit a damn gate? Or the outlandish claims made throughout the different media outlets?
The sworn affidavit for a Search Warrant clearly says on Page 1 "A USSS-UD (meaning United States Secret Service Uniformed Division) officer attempted to block the vehicle with a bicycle rack, however, the vehicle pushed over the bicycle rack, knocking the officer to the ground."
Note her actions occurred after she allegedly "refused to stop" at the vehicle checkpoint and made a u-turn and allegedly began to "flee." There were no laws violated as she was under no legal obligation to enter the checkpoint, turning around and leaving is also not violative of any laws. The question is: Why did the police pursue her? Later during this investigation, I will reconcile each sworn fact with the surveillance video, other police records and Google Maps. On the surface, the sworn facts are internally inconsistent but, I will know more later.
Further, there is NO MENTION that Miriam Carey struck any officers either. It is time to stop believing everything these so-called "Government Officials" are telling you.
http://apps.washingtonpost.com/g/documents/local/miriam-carey-search-warrant-vehicle/623/
An innocent unarmed United States Citizen with a toddler was killed right in front of us in the Nation's capital. Period... If we do not see a problem with that, we are in serious trouble.
We in this country deserve to be treated better than as "mere chattel," where personal legacies are much more important than human life. The framers of the United States Constitution fought for, died for and demanded it. We should expect no different in today's society either.
After we somewhat rest Miriam's soul on Tuesday, we are going to press a full frontal campaign to bring those who violated her civil rights to justice.
Justice for #MiriamCarey