Cops Have No Accountability
BY Herschel Smith2 years, 6 months ago
On a chilly December evening in 2017, a group of Wichita cops surrounded a modest house on West McCormick Street. They were there in response to what was purportedly a gruesome hostage situation: a father shot dead, a mother in danger, and a son threatening to burn everything down.
When Andrew Finch opened the door to his home, a sniper rifle killed him within seconds. Thirty minutes passed before anyone rendered emergency aid. Cops handcuffed his mother, sister, niece, and two friends outside in 24 degree weather for over an hour. But Finch was not the son the police were after, nor were he and his family involved in any crisis.
That’s because there was no crisis. Around 5:00 p.m. that day, in a prank known as “swatting,” a California caller had dialed the Wichita Police Department (WPD) and reported a work of fiction, doling out the address and setting the chaos in motion.
The officers involved failed to do the basics before exercising lethal force on an innocent man, according to a lawsuit filed by the family. The suit says the officers subverted department policy by declining to call a SWAT team, opted not to conduct any sort of inquiry despite “obvious warning signs” that the call was a farce, and did not try to negotiate with Finch before ending his life, among several other missteps.
“After Defendant Officers…surrounded 1033 West McCormick, they made no attempt to determine whether an occupant of the house was in a mental health crisis; had shot someone; had threatened to hold or was holding someone at gunpoint; had threatened or was threatening to burn the house down; had threatened or was threatening to commit suicide; was in possession of a firearm; or posed a danger to themselves or others,” reads the suit, which was originally filed against the city of Wichita and officers Justin Rapp (who fired the shot) and Benjamin Jonker (who organized the response).
Whether the family will see anyone face accountability remains uncertain.
“The argument from the police officer seems to be basically: because they thought a heinous crime had been committed…it was fine to shoot Mr. Finch onsite as soon as he opened the door,” says Easha Anand, an attorney at the MacArthur Justice Center who is representing the family. “That’s just not how our justice system works. You don’t get to just shoot someone onsite because you think they committed a heinous crime.”
Anand recently made that argument to the U.S. Court of Appeals for the 10th Circuit, pushing back on Rapp’s contention that he should be protected by qualified immunity. That legal doctrine allows certain government officials to violate your constitutional rights without having to face a jury in civil court, so long as there are no preexisting court precedents explicitly declaring the specific conduct unconstitutional. Overcoming qualified immunity does not guarantee a settlement; it merely gives victims the right to state their case.
Yet that’s often a tall order for plaintiffs to meet, no matter how shocking the behavior in question. Consider an adjacent case: At 78 years old, Onree Norris was put under arrest after more than two dozen cops broke into his home, destroyed his door, and set off explosives in his house as part of a drug raid. They had the wrong residence. Though Norris survived the skirmish, he cannot sue the officers who left his home partially in ruins, because he was unable to locate an identical court ruling outlining his experience to a tee.
Well, shooting an innocent woman was what Lon Horiuchi did to Randy Weaver’s wife as soon as she stepped into the doorway, and Bill Barr defended the practice. You’re never in more danger than when cops are around.
There is no system of justice in America. The judges are corrupt, and the juries are packed with idiots who’ll do what the judge tells them to do.
And make no mistake, if told to confiscate firearms, they’ll obey orders and do it, just like the military will turn on the American public if ordered to by the corrupt generals. You can bet your bottom dollar on that.
On October 10, 2021 at 9:56 pm, George said:
Amen sir. You are absolutely correct.
On October 10, 2021 at 10:13 pm, CT Ginger said:
Despite what your kindergarten teacher may have told you, the police are not your friend. They are the muscle of the state. If the state is corrupt, the police are the muscle of corruption.
On October 11, 2021 at 2:09 am, Ohio Guy said:
Always be ready for that loud crash thru the door at 3:30am. And by ready, I mean ready to make some ghosts.
On October 11, 2021 at 3:15 am, Chris said:
This stuff would stop real fast with..
Afew reprisals
On October 11, 2021 at 4:03 am, Nosmo said:
Never forget that “police” is merely convenient shorthand for “armed agents of the government.”
On October 11, 2021 at 9:30 am, Michael (from Utah) said:
“There is no system of justice in America. The judges are corrupt, and the juries are packed with idiots who’ll do what the judge tells them to do.”
Hershel, you are 100% correct here. I would add to this list that ALL prosecutors are corrupt and are even worse than the police / judges.
On October 11, 2021 at 12:51 pm, Fred said:
Minding my own business. Cop pulls up, gets out, verified that, yes I’m carrying, gets back in the patrol car and leaves. She (I’ll be nice: please go to the gym lady you’re giving the KPD a bad name.) Kept a wide birth and didn’t approach me at all. Very wise considering there was no crime. Then a person ambles by giving me a sly little smirk of a smile.
Person has not been charged with falsely reporting a crime. Person has not been charged with misuses or abuse of government time/money.
But person did get followed. That’s all I’ll say about that. To person it was all a game. Dear person, don’t play games with serious men.
Why KPD dispatch didn’t tell person that firearms aren’t illegal I don’t know. Why cop didn’t tell dispatch that those donuts aren’t going to eat themselves and guns aren’t illegal I don’t know. I will give the cop credit; under the apparent rules she was given she did the very brightest thing possible. Zero threat posture, calm and even poised, more or less out of practical handgun accuracy range and very calmly and matter of factly glanced at my holstered weapon and left. You know I what did as a Christian, and having read many accounts like this on TCJ? I checked my back and sides to make sure of what was beyond me from the cops perspective so nobody (else) would get shot in case the cops went full retard.
Anyway, no pencil neck bed-wetting politicians would have any power whatsoever if it wasn’t for police. In fact, if it wasn’t for police nobody would have ever heard of Hitler, Stalin, Mao, etc and etc.
On October 11, 2021 at 11:19 pm, Sisu said:
I am not a lawyer, yet my understanding is that “qualified immunity” is not a “legal doctrine” it is an activist sourced “judicial construct” which should not have the effect of law because it is not provided for in any Federal law.
The two (perhaps more) LEOs should be in jail: “gross negligence”, “depraved indifference”, … What did Chauvin get convicted of ?
On October 12, 2021 at 12:14 am, MntnMole said:
Qualified immunity is, in fact, both legal doctrine and standing, statutory law. It can apply to ANY government agent, employee or elected official depending on the situation, usually having to do with any circumstances surrounding their activities in the carrying out of their official duties. Look up “Cornell law qualified immunity” for more information.
I happen to be a strong supporter of kneecapping the existing laws that provide qualified immunity because they provide too big an umbrella against repercussions for being either inept or just plain evil. Too many people get away with things because they are “just doing their jobs” or “felt threatened” e.g. the one cop I read about who had shot and killed something like 42 dogs over an 18 month period. Apparently if he went on a call, and there was a dog, he shot it, period, because he “felt threatened.”
On October 12, 2021 at 8:29 am, Longbow said:
I’ve said it enough….
https://www.youtube.com/watch?v=9xJkUyotSc4