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LAPD 'top shot' officer sued for shooting, killing man who advanced with a 'box cutter'

Cams,
Help me I'm trying to square this circle. Is it not reasonable for a homeowner to answer a 12am door to a knock on the door with some means of protection, including a gun, baseball bat, or blade ? Especially if a look out the door peep hole & reveals nothing.

The only reason I'm alive today after my 'swatting' is I went to the door at 11pm looked through the peep hole and saw what I thought a cop.

Now a ex-Fed Marshal I served with in the 'Rice bowl' said to me "nothing illegal about answering a door with a firearm".... but had I, I would have been another Veteran shot dead on in his home without committing any crime....This shite has to STOP....Protect the police, and their job is to protect the public, Nest Pas ?

Rat
 
Cams,
Help me I'm trying to square this circle. Is it not reasonable for a homeowner to answer a 12am door to a knock on the door with some means of protection, including a gun, baseball bat, or blade ? Especially if a look out the door peep hole & reveals nothing.

The only reason I'm alive today after my 'swatting' is I went to the door at 11pm looked through the peep hole and saw what I thought a cop.

Now a ex-Fed Marshal I served with in the 'Rice bowl' said to me "nothing illegal about answering a door with a firearm".... but had I, I would have been another Veteran shot dead on in his home without committing any crime....This shite has to STOP....Protect the police, and their job is to protect the public, Nest Pas ?

Rat

Well my friend I cannot say what is reasonable for other folks, wouldn’t even try, situation dictates course of action. Always.

I’m saddened by what you went through and find it embarrassing for my job that these things happen. I understand it all too well after also getting my ass bundled by f***tard cops for legally carrying a firearm after I threw some dirtbag through a store window. I was then fired upon, twice, while handcuffed to a wall, lost my LTC, had items stolen from my vehicle after it was towed and was mocked as being Rambo during my booking process, after being shot at by these same idiots. I feel you man.

I decided to be the cop I wish I had met, not the ones that almost killed me and ruin my life.

For your question, your friend is absolutely correct, there is no law against answering your own door while being armed. None. it’s your property.

Personally my pistol is always on or next to me, it’s just automatic now and never out of arms reach.

I wouldn’t open my door unless I could visually clear whoever was out there. On my front door there’s 3 small “decorative” frosted pains of glass, but one of them is one way glass so I can see perfectly out of it but nobody can see in. My side door/screen porch entrance is clearly marked “beware of dog-go around front” so if they’re legit I’m already inside their head and they’re following directions, if they’re not responding to that, it gives me an extra moment to prepare that they are acting as a threat now. A lot of times a knock or doorbell is just a distraction to get you to step outside or to get you to unlock the door and then the bad guys kick it in on your face. it’s easier for them than trying to kick a hardened doorway.

If I cannot see the person clearly but they’re talking to me, and I’ve done this before, I will tell them to step back several feet so I can see better and see if they have anything in their hands, how many there are or how they’re dressed etc. If they ID as police, I’d tell them to use their flashlight and hold up ID or call for uniforms to be present before I open the door or I’d even call the local dispatch myself and have them confirm that police are at my residence for some reason.

Other than that I’m not coming out and if someone breaches it’s game on.

If you’re at the door for someone knocking and you’re armed, but not as paranoid as me, and you decide to open the door, just stick your roscoe in the back of your pants before doing so. It’s right there if you need it, and nobody else can see it if you don’t.

I drilled into my family and friends that they absolutely have to call before coming over, that way I never get lax with a doorbell or knock. It’s an immediate stranger alert.

Think about your rice bowl days, you lose good men up to a point and then everybody starts looking like the enemy no matter who they are or where they are, triggers get pressed a lot quicker because you really don’t know who the enemy is anymore and mentally you refuse to lose any more friends. it starts getting into your head that they’re f***ing everywhere doesn’t it.

I’m not comparing wartime service with policing, it’s very different obviously, but, the resulting mental anxiety, anger, sadness, fear and jumpiness is exactly the same after a while when you see your co-workers or compatriots across the country being ambushed and executed while simply responding to noise complaints or even sitting in their vehicle having a cup of Joe. You can’t change or re-learn/un-learn that type of psychology in the human mind simply because it’s not a military environment. Once that’s there it’s there and that’s just being human.

Like I said last night, I wish I had the answers to it, I just don’t, because it involves humans, and humans will always act differently, unpredictably. I’ve seen both sides. I’ve been on both sides. It’s a very fine line to walk after a while.
 
Well my friend I cannot say what is reasonable for other folks, wouldn’t even try, situation dictates course of action. Always.

I’m saddened by what you went through and find it embarrassing for my job that these things happen. I understand it all too well after also getting my ass bundled by f***tard cops for legally carrying a firearm after I threw some dirtbag through a store window. I was then fired upon, twice, while handcuffed to a wall, lost my LTC, had items stolen from my vehicle after it was towed and was mocked as being Rambo during my booking process, after being shot at by these same idiots. I feel you man.

I decided to be the cop I wish I had met, not the ones that almost killed me and ruin my life.

For your question, your friend is absolutely correct, there is no law against answering your own door while being armed. None. it’s your property.

Personally my pistol is always on or next to me, it’s just automatic now and never out of arms reach.

I wouldn’t open my door unless I could visually clear whoever was out there. On my front door there’s 3 small “decorative” frosted pains of glass, but one of them is one way glass so I can see perfectly out of it but nobody can see in. My side door/screen porch entrance is clearly marked “beware of dog-go around front” so if they’re legit I’m already inside their head and they’re following directions, if they’re not responding to that, it gives me an extra moment to prepare that they are acting as a threat now. A lot of times a knock or doorbell is just a distraction to get you to step outside or to get you to unlock the door and then the bad guys kick it in on your face. it’s easier for them than trying to kick a hardened doorway.

If I cannot see the person clearly but they’re talking to me, and I’ve done this before, I will tell them to step back several feet so I can see better and see if they have anything in their hands, how many there are or how they’re dressed etc. If they ID as police, I’d tell them to use their flashlight and hold up ID or call for uniforms to be present before I open the door or I’d even call the local dispatch myself and have them confirm that police are at my residence for some reason.

Other than that I’m not coming out and if someone breaches it’s game on.

If you’re at the door for someone knocking and you’re armed, but not as paranoid as me, and you decide to open the door, just stick your roscoe in the back of your pants before doing so. It’s right there if you need it, and nobody else can see it if you don’t.

I drilled into my family and friends that they absolutely have to call before coming over, that way I never get lax with a doorbell or knock. It’s an immediate stranger alert.

Think about your rice bowl days, you lose good men up to a point and then everybody starts looking like the enemy no matter who they are or where they are, triggers get pressed a lot quicker because you really don’t know who the enemy is anymore and mentally you refuse to lose any more friends. it starts getting into your head that they’re f***ing everywhere doesn’t it.

I’m not comparing wartime service with policing, it’s very different obviously, but, the resulting mental anxiety, anger, sadness, fear and jumpiness is exactly the same after a while when you see your co-workers or compatriots across the country being ambushed and executed while simply responding to noise complaints or even sitting in their vehicle having a cup of Joe. You can’t change or re-learn/un-learn that type of psychology in the human mind simply because it’s not a military environment. Once that’s there it’s there and that’s just being human.

Like I said last night, I wish I had the answers to it, I just don’t, because it involves humans, and humans will always act differently, unpredictably. I’ve seen both sides. I’ve been on both sides. It’s a very fine line to walk after a while.

Awesome, cams! Thank you. I started writing a response to Rat187's post, but I abandoned it because I couldn't say what I wanted to in a way that I really liked. I'm glad I waited until you posted because you said it better (and with a lot more real-world experience behind it... WOW) than I would have.

People... NESers… if you answer the door with a gun (and you should), verify who is there, and do NOT have the gun visible to the visitor if/when you open the door! I thought that was common sense, but apparently it isn't to some (not singling out anyone here, of course).
 
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Thank you for the time to provide a thoughtful and concise opinion. I see your point and I will play.

My training is irrelevant as I didn't say "We at 101 A are trained in urban environment to not engage anybody without a firearm unless 7 yards or less" or anything of that nature. So for all intents and purposes and to maintain world peace consider my formal training to fall strictly into the "Zero to 4 hours of classroom safety 30 years ago".

What I did say is "I would not have engaged the target that far out" and I will add "Once the first hits landed I do not approve of some of actions". What I also said is that I am not qualified to judge a law enforcement actions as they are probably different than what I learned during my 0-4 hour classroom sting, but since there are sufficient artifacts (video, witnesses, etc.) I am positive that the truth whatever it is in this case will prevail.

Now, with that behind us, let me provide you with my take on the situation based on the original video.

1:31 - Attacker sees the pistol (I am not sure he was aware of it before that) and assumes the ghetto "come at me bro/sis" posture. Usually when somebody does that he has already decided not to attack and is looking for "now what- you going to shoot me?" demeanor which is the macho way to defuse the situation and emerge the "winner" of the predicament. In the Middle East this is the equivalent of spreading your arms and waiving them up and down while trying to show no weapons, but also a manly lack of fear. Generally after this in combination with a lot of verbal order shouting the situation defuses (or the guy pulls a Krink and SHTF or worse- the pin of his belt, but I digress). The short version is lack of effort by the attacker to avoid potential shots is indication of no desire to attack.

1:32- The officer fires her gun and the attacker goes down. If she is a decent shot at that distance the shots are effective, but adrenaline is still pumping so the attacker tries to get up. 3/4 of people that get shot in this situation will try to get up, but not to continue the conflict, but to return to some normality (ie you get up- all is ok and the pain will mysteriously disappear). Have you seen a tough kid get hurt? What does s/he do? After the faceplant they jump up all bloody and scream "I am ok!"... same mechanism applies here. Drugs only amplify the behavior.

1:36 more shots are fired as he is trying to get up. I can understand if she engages him at a longer distance that I would, but this right here is where the optics become bad- she simply executes him. Btw, my personal read on his body language suggests he is not going to get up as he is hurt already badly. If anything, give him couple seconds to see which way it goes and if gets up and starts running- shoot him again. At this point the attacker reaching the officer is very very unlikely either way. Shoot target again when down is only really prudent if you know or think there is body armor involved and you have the chance of hitting a body part that you know has no armor.


Again, this is my read of the situation and I shared it with the forum. I readily admitted that I might be wrong.

One more thing- my statement about preservation of life was not towards letting this guy live, but more towards the well- being of the officer. Once you kill somebody in the line of duty- this stays with your for the rest of your life with always negative consequences. You either get over it and become trigger happy, or you become trigger- averse. In both cases you have a high chance of becoming a liability the next time a decisive action is required.

... And my statement about hating yourself in the mirror was not directed to you :)


You’re a difficult person to have a conversation with. Everything you post is filled with vague innuendos and riddles.

Your training or background is more than relevant for this discussion. It gives you a base to stand on and possibly a reason to be listened to a little harder.

I have to assume, because apparently it’s a secret, that by 101 A you’re referring to the 101st Airborne. Needless to say now the only leg unit in the army that simply ‘identifies’ as Airborne. But still you make ME references and other innocuous statements to lead us to believe that’s the case.

So, in regard to your statement that after killing someone in a LOD action, there are only 2 outcomes to that and being a liability in any future actions is involved with both. How do you know this to be true and factual and how do you come to that conclusion?

Why isn’t there a third option? One that simply says “Hey that a**h*** was trying to kill me. He failed so f*** him and I sleep perfectly fine at night.” I’d say that’s a pretty reasonable response and I’d have no problem working with a guy that thinks that way.

You repeated a lot of what you said previously, which wasn’t necessary, I can read just fine. I was though, asking you to clarify with detail how you came to those conclusions and by what standard you are basing it on. I can also see and watch the video fine, but appreciate you telling me what happened in your eyes.

Generally speaking, and still under the assumption only, that you’re a veteran of some sort or a DOS employee (re: your OCONUS reference) you should readily understand that if/when you call someone out in a school circle discussion on a deadly force incident that you weren’t present for, you should at least be able to back that up pretty quickly based on some personal and professional experience to show how you reached that conclusion. This is generally the standard that we live by, folks like you and I, isn’t it?
 
Easy solution for the whole answering the doorbell thing. Get a camera (or 10).

Doesn’t work that easily for everybody. Sure it’s good, but not for everybody. Elderly, can’t afford it, little hesitant and not into tech stuff. Poor people, can’t afford it, or an apt building that doesn’t allow it or give an opportunity to employ them anywhere. Cameras can easily and quietly be broken or covered.

It’s good to have, but not an end all solution by any means.
 
Doesn’t work that easily for everybody. Sure it’s good, but not for everybody. Elderly, can’t afford it, little hesitant and not into tech stuff. Poor people, can’t afford it, or an apt building that doesn’t allow it or give an opportunity to employ them anywhere. Cameras can easily and quietly be broken or covered.

It’s good to have, but not an end all solution by any means.
Of course it's not for everybody. Neither is owning a firearm.
 
As a current FI and use of force instructor, please, PLEASE, PLEASE, find me one case where that argument was used. I've 'heard' it for 20 years, no one has ever produced.
I haven't seen any such court case, and I didn't claim there was one.

I only said that it was part of my UOF training, and it was.
 
Column: He had a box cutter, ignored commands, and a cop shot him six times. Were there better options?

Ten years ago, after a controversial case in which an LAPD officer shot and killed a man armed with a knife, the department offered me a chance to virtually experience what it’s like to make a split-second decision about when to shoot.

I got a crash course on LAPD’s deadly-force policy and then was sent into a video simulator room, where I was handed a service belt with a Glock semiautomatic. Then they started a video in which a series of actors played threatening suspects, and I had to figure out whether or not to shoot.

It wasn’t easy. Deciding when a suspect might be a threat to an officer or other people can be complicated. And I was in a video game, not the real world, where the pressure has to be intense.

In one scene, a suspect in a domestic dispute shot and killed me before I reached for my weapon. In another, I shot and killed a man charging at me with a knife, but my trainer said I waited too long and could have been injured or killed by the suspect.

 
Wne of them is one way glass so I can see perfectly out of it but nobody can see in. My side door/screen porch entrance is clearly marked “beware of dog-go around front” so if they’re legit I’m already inside their head and they’re following directions, if they’re not responding to that, it gives me an extra moment to prepare that they are acting as a threat now.
It's even better if you have you computers set for one-click popup of exterior entrance video so you can check that late night door knock without turning on the lights or ceding any tactical advantage.

I agree with the other comment - the best way to answer the door armed is concealed so that the other party never knows a gun was present unless you needed it. Avoids all sorts of expensive and unpleasant misunderstandings.
 
“When my father died, a part of me died with him," said Melanie Hernandez, 15. "I will never understand Toni McBride's actions."

Hey Melanie, your dad was a criminal, he pressed his luck and got the whammy. Shooting was justified, all 6 shots, move on. He was still moving on shots 5 and 6, stopped moving at that point and she stopped firing. Guy was high on meth too.

she’s a smoke show Btw
 
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Funny that they think "The Blue Press" has anything to do with "blue" as in police, when it's "blue" as in Dillon reloading equipment.

Yes, she was on the cover. Dillon loves to showcase pretty women shooting.

"...the final two coming as Hernandez was on the ground."

Okay, it sounds like the last four were all in quick succession, but that does remind me of a class on the use of deadly force. The instructor repeated the mantra of, "Shoot to stop, and stop shooting when the threat stops."

Then he asked, "How many shots are too many?" He answered himself: "When the entrance wound, the exit wound, and the hole in the ground all line up, that's one too many."
 
The lawsuit was filed on behalf of the victim's 14-year-old daughter
An LAPD ‘top shot’ who had become somewhat of a social media darling is facing a lawsuit after she fatally shot a man who appeared to advance towards her with a knife.


Toni McBride, 23, shot and killed Daniel Hernandez, 38 on April 22. A lawsuit was filed on behalf of Hernandez’s 14-year-old daughter, claiming that McBride had “reckless, violent and homicidal propensities,” the Daily Mail reported.

As a member of the Newton Division in South Central Los Angeles, McBride and her partner responded to a multiple-vehicle collision, with a suspect carrying a “folding utility-type knife” confronting her and ignoring commands to drop the weapon, the LAPD report stated. McBride shot four times and killed the suspect, later identified as Hernandez.



View: https://www.youtube.com/watch?time_continue=1&v=q4SWYSzA1eE&feature=emb_logo

Damn, Toni is a good shot!

Hmmmm. They should have plenty of case law from 9/11 to go by…🤔🤔🤔
 
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