In an unusual case, a Arlington Va Sheriff's deputy was convicted of
voluntary manslaughter for an incident that ended with a man dead.
http://www.washingtonpost.com/...
http://www.washingtonpost.com/...
There was never any dispute that Patterson, 45, shot Dawkins, a 22-year-old shuttle driver for “PBS NewsHour,” after a verbal altercation in Alexandria’s Lynhaven neighborhood early May 22. Prosecutors conceded in court that Dawkins was intoxicated and, in an initial encounter before the shooting, likely confronted Patterson with a knife.
The question for the jury was whether Patterson, who was off duty, responded as a law enforcement agent who felt a duty to protect the community and then fired in self-defense, or whether he was an angry individual out for petty revenge.
Defense attorneys argued that Patterson “never intended to kill” Dawkins. After the initial confrontation, which Patterson and other witnesses said was over who had a right to be in the neighborhood. The deputy, who said he was carrying his gun that night, testified that he decided to arrest Dawkins and went to his car to get handcuffs. He said he followed the younger man into a dark yard and called, “Stop! Police!”
Dawkins swung at him, Patterson said. “He charged at me again,” Patterson testified Wednesday. “I saw something in his hand. That’s when I drew my weapon and fired. . . . I thought he had the knife in his hand at that point.”
During his trial in Alexandria Circuit Court, Patterson told jurors that he was going for a late-night walk near his home. He said he carried his service weapon concealed under his shirt, as he always did while off-duty.
During his walk, Patterson said, he encountered Dawkins, who “appeared to be under the influence of something” and questioned why Patterson was in the neighborhood. Patterson said he identified himself as an officer, but Dawkins did not believe him.
“He told me I wasn’t supposed to come around anymore,” Patterson testified. “I said ‘Hey, I live here, I’ll be back.’ ”
That’s when, according to Patterson, Dawkins turned toward him with a knife in his hand and said, “I told you, don’t come back.”
Patterson said Dawkins chased him. When he realized Dawkins was no longer behind him, Patterson decided to make an arrest. “I felt that I had a duty to protect the public at that point, to keep him from doing what he did to somebody else,” he testified.
Patterson said he went to his car to get handcuffs; then he went looking for Dawkins.
I think this officer got himself into trouble for 2 things .
First he was outside his jurisdiction and had no authority.
Second, he was outside of danger and went got handcuffs, maybe a gun,
and went looking for the suspect. If he had time to get cuffs, he could have
also called, asked for local city police, and settled this with more formality.
I think the Jury ended up compromising, they couldn't really tell if he was
acting in a police manner and they busted him for something.
if this had happened in Arlington, he might have had a better case.