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Cops Kill Illegal Alien: He Had No Rights

Reptile

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Southaven, MS — Two years ago, police responding to a call of domestic violence went to the wrong home and killed an innocent husband. A year later, the tragedy grew deeper when TFTP learned that the officers involved in the killing would not be charged. Now, two years later, we are finding that the government is trying to dismiss the family’s lawsuit, claiming that Ismael Lopez had no Constitutional rights, therefore his murder did not matter.

In July of 2018, the officers who killed Lopez were brought to a grand jury by District Attorney John Champion who attempted to get them indicted on charges of homicide. However, the grand jury irresponsibly failed to return an indictment.

“The grand jury was given all of the evidence and they decided not to indict,” Champion said. “From my perspective, the case is closed at this point.”

Now, according to a document filed by the City of Southaven Tuesday, the city is attempting to justify the murder and dismiss the lawsuit by claiming Lopez has no rights because he was an undocumented immigrant.

Cops Go to Wrong Home, Execute Innocent Man, Claim it Was Okay Because He Had No Rights
 
Now, according to a document filed by the City of Southaven Tuesday, the city is attempting to justify the murder and dismiss the lawsuit by claiming Lopez has no rights because he was an undocumented immigrant.
If someone "has no rights" because of immigration status, then they could be robbed, raped, murdered, etc., at will. That's literally what the city is claiming here.

Rights don't come from the Constitution.
 
If he wasn't here, it wouldn't have happened. You would have the same or more likely ZERO rights if the same thing happened to you in his country.
 
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If the guy survived I'd have no problem with him being prosecuted/deported from the US afterwards, whatever, but him being illegal shouldn't suddenly make him "not human" in the eyes of the law.

-Mike

Actually, if he survived, and could have testified, there is a good chance he would be allowed to stay under the law, as the victim of a serious crime.
 
Read the article. Guy was married to a legal citizen and had lived there for 16 years.

He’s not illegal.

But even illegal aliens can’t just be killed willy nilly. Natural law, never mind the constitution.

Actually, you can be illegally present even if married to a citizen. Commit specific crimes or fail to have your paperwork in order and poof, you are illegally present.
 
Read the article. Guy was married to a legal citizen and had lived there for 16 years.

He’s not illegal.

But even illegal aliens can’t just be killed willy nilly. Natural law, never mind the constitution.


"What’s more, Lopez was actually married to a legal citizen and had lived in the neighborhood for 16 years."

That does not mean he wasn't;t here illegally. In fact the police stated he was here illegally.

You can be legally married in another country and still not be in this country legally. Just because your spouse is legal doesn't automatically make your status legal.

More research would need to be done on the marriage. Where were they married? Did he ever have a visa? Did he overstay? Did they think because they were married that he automatically is legal?
My guess is he wasn't here legally. Still, I need more info to make that determination. Seems the police might have done a little more research and as such came up with that defense of his death.
 
"What’s more, Lopez was actually married to a legal citizen and had lived in the neighborhood for 16 years."

That does not mean he wasn't;t here illegally. In fact the police stated he was here illegally.

You can be legally married in another country and still not be in this country legally. Just because your spouse is legal doesn't automatically make your status legal.

More research would need to be done on the marriage. Where were they married? Did he ever have a visa? Did he overstay? Did they think because they were married that he automatically is legal?
My guess is he wasn't here legally. Still, I need more info to make that determination. Seems the police might have done a little more research and as such came up with that defense of his death.
Well the police, defending themselves by saying he’s illegal and that has no rights is not a good defense. Death is not the penalty for being here illegally. Deportation is.

Further, I’d suspect that it is trivially easy to produce paperwork to make him legal since he was married to an American citizen.
 
Well the police, defending themselves by saying he’s illegal and that has no rights is not a good defense. Death is not the penalty for being here illegally. Deportation is.

I was just speaking to your point about assuming he was legal because he was married and stayed here for 16 years.

As to his death I will leave others to speculate as to the circumstance and result.
 
Illegals aren't innocent men. They are criminal aliens. PERIOD.

Lets hope you don't suffer the same fate once you are turned into a criminal by this government. It will happen, and you know it. Lets just hope the other side is not claiming for your head to drop as you of a man you don't even know. I feel sad for you and for this mentality.
 
Marriage doesnt automatically convey legal status

That person and SO still need to go thru legal process to become legal and iirc even then they are given green card for some period of time and have to work towards citizenship.

All of this doesnt ignore the fact that they still broke our laws in coming here illegally and IMHO should forever be barred from obtaining legal status
Only one of them was here unlawfully.
 
Marriage doesnt automatically convey legal status

That person and SO still need to go thru legal process to become legal and iirc even then they are given green card for some period of time and have to work towards citizenship.

All of this doesnt ignore the fact that they still broke our laws in coming here illegally and IMHO should forever be barred from obtaining legal status
Well, I’d say he’s been very very effectively barred from ever getting legal status, never mind breathing status!
 
This is an interesting case. If it gets ruled that he really didn't have rights - no more court cases, no more hearings or stays. If we catch you, figure out you are illegal - you are gone.
 
This is an interesting case. If it gets ruled that he really didn't have rights - no more court cases, no more hearings or stays. If we catch you, figure out you are illegal - you are gone.
Yeah. That would be an unfortunate ruling for everyone. Because then I’d be with the aliens. Just like I would have been with the Jews. I can’t allow people to be killed because they are illegal. I’ll happily help them get back to their home country. But if we begin killing them.....yeah, no, that’s not going to happen.

But I do get the sense that some NESers are happy he’s dead. And that makes me sad.
 
Read the article. Guy was married to a legal citizen and had lived there for 16 years.

He’s not illegal.

But even illegal aliens can’t just be killed willy nilly. Natural law, never mind the constitution.

per the article "illegal alien status." That is a crime. Ergo, not 'innocent'

This is another reason why qualified immunity has to go.

agreed

What criminal law did he violate? You do realize that unlawful entry or overstaying a visa is a civil infraction, right? Civil infractions do not a criminal act make.

Talk about out yourself.

Like all the rest of the illegals here:
Did he work at any time in the last 16 years? Tax fraud or SS fraud, because he didn't have a legal number
Did he ever avail himself of any government service? theft of service
Did he ever go to a hospital and use medicaid in 16 years? There's another theft of service
Did they pump out a kid who used the public school system? WIC? SCHIP? Medicaid? Head Start? NCLB?
Did he drive a car? ID Fraud, like Barry's uncle Omar
Then there's the whole immigration fraud thing....

So he's not 'innocent', which was my point. But even someone this un-innocent doesn't deserve summary execution. I'm just calling out the bleeding hearts with their 'innocent' thing, because he wasn't.
 
What criminal law did he violate? You do realize that unlawful entry or overstaying a visa is a civil infraction, right? Civil infractions do not a criminal act make.

Actually, illegal entry into the US can be both a criminal act and a civil infraction under 8 US Code Section 1325.

§1325. Improper entry by alien

(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of-

(1) at least $50 and not more than $250 for each such entry (or attempted entry); or

(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.


Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

(c) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.

[USC02] 8 USC 1325: Improper entry by alien
 
What criminal law did he violate? You do realize that unlawful entry or overstaying a visa is a civil infraction, right? Civil infractions do not a criminal act make.

Technically, 922(g) which prohibits illegal aliens from owning guns. However, A) the cops shot him before they even knew who he was (there was no reason to believe he was an illegal gun owner at the time), and B) supreme court has prior review of 922(g) where they found that it is only applicable if the government can prove the person knows he possessed a firearm and knows that he shouldn't have (paraphrasing). Dumb...yes, I know. That's like claiming you didn't know the crime you were doing was a crime, but that was a 7/2 decision.

So I agree with the net result that he shouldn't have been shot and this whole thing stinks of cover up for the bad decisions of one officer.
 
They were probably thinking along the lines of; if you rear end a drunk driver, it’s the drunk drivers fault as he should have never been there for you to hit (except in MA you are both screwed).
 
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