Posted on Jul 17, 2015
Should this be considered a "Civil Rights Violation?"
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Police dashboard cameras, on June 2nd 2013, capture two officers shooting Ricardo Diaz-Zeferino (who was drunk) that ended with his death. What it doesn't show is how Ricardo was not armed. According to witnesses, he was trying to plead to the police officers how they had the wrong men. The "stolen bike" actually had belonged to his brother and Ricardo and his friends were looking for it.
The bike had been stolen from a CVS parking lot. The police "erroneously reported it as a robbery and made it a high-priority call raising the specter of armed suspects." The policemen say that from one angle, it looked like he was reaching into his pocket and they thought that he was reaching for a weapon; therefore, fearing for their lives.
The city of Gardena settled a lawsuit that the Zeferino family filed, as well as the man who was injured by the shooting, by paying 4.7 million.
NOW, the family attorney Samuel Paz wants the federal prosecutors to investigate whether this shooting was a "Civil Rights" violation.
Do you think Samuel Paz's argument holds water? Is this a civil rights violation or just another horrible accident and incident were two cops were just a little too "trigger happy?"
http://www.ap.org/Content/AP-In-The-News/2015/Video-of-police-shooting-released-after-AP-wins-court-decision
The bike had been stolen from a CVS parking lot. The police "erroneously reported it as a robbery and made it a high-priority call raising the specter of armed suspects." The policemen say that from one angle, it looked like he was reaching into his pocket and they thought that he was reaching for a weapon; therefore, fearing for their lives.
The city of Gardena settled a lawsuit that the Zeferino family filed, as well as the man who was injured by the shooting, by paying 4.7 million.
NOW, the family attorney Samuel Paz wants the federal prosecutors to investigate whether this shooting was a "Civil Rights" violation.
Do you think Samuel Paz's argument holds water? Is this a civil rights violation or just another horrible accident and incident were two cops were just a little too "trigger happy?"
http://www.ap.org/Content/AP-In-The-News/2015/Video-of-police-shooting-released-after-AP-wins-court-decision
Posted in these groups: 
Police
Human Rights
Police Human Rights
Edited >1 y ago
Posted >1 y ago
Responses: 8
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Is it a civil rights violation? Who knows? It would need to have been because he was hispanic. That said, police have to be held to a high standard. "Oops" should never be good enough and it's a fair question to ask why they showed no restraint in this particular situation, especially when dealing with a drunk person. "I was scared" has become something of a get out of jail free card and that's not okay.
And before anyone chimes in with the usual stuff - I support police. I have close family who are police. It is completely acceptable to support those who have the authority to use deadly force but hold them to a higher standard and expect there to be real consequences when poor judgement resulting in death happens.
And before anyone chimes in with the usual stuff - I support police. I have close family who are police. It is completely acceptable to support those who have the authority to use deadly force but hold them to a higher standard and expect there to be real consequences when poor judgement resulting in death happens.
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SGT (Join to see)
Oh no SGT Jeremiah B. I totally support what you have said. They are becoming trigger happy. No restraint. No patience. I don't even know if they were relieved of duty. I need to find out. But if this is to be considered a civil rights violation, wouldn't they have to be saying something.... derogatory?
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SGT Jeremiah B.
SGT (Join to see) - No. It "simply" has to be established that those same police would have acted differently had the victim been a different race. That's really hard to establish unless they have patterns in their arrest records that defy demographic expectations and even then, not exactly easy.
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SGT Jeremiah B.
SGT (Join to see) - MAJ Robert (Bob) Petrarca makes a fair point in his comment about race not necessarily being required for a civil rights violation.
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SGT (Join to see)
Those who know me know that I am the first person who believe that badges don't grant extra rights, cops should be held to a higher standard, etc.
But at the same time I watched this video and it clearly shows Diaz-Zeferino lowering his hands and apparently reaching toward his pocket.
I don't possibly see how that could be a civil rights violation. But as I mentioned to SSG James J. Palmer IV aka "JP4", some people will make that claim anyway because Diaz-Zeferino is Hispanic and the cops who shot him appear to be Caucasian. They will attempt to make it all about race and civil rights, ignoring what the video reveals.
Those who know me know that I am the first person who believe that badges don't grant extra rights, cops should be held to a higher standard, etc.
But at the same time I watched this video and it clearly shows Diaz-Zeferino lowering his hands and apparently reaching toward his pocket.
I don't possibly see how that could be a civil rights violation. But as I mentioned to SSG James J. Palmer IV aka "JP4", some people will make that claim anyway because Diaz-Zeferino is Hispanic and the cops who shot him appear to be Caucasian. They will attempt to make it all about race and civil rights, ignoring what the video reveals.
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PO1 John Miller
PO1 (Join to see) it was dark and he moved his hands toward his pocket after the cops told him to keep his hands up.
As you read above, I believe that cops should be held accountable for their actions and am in no way a "cop lover." With that said if a cop has their gun pointed at me I am not going to do anything but follow their instructions. I guarantee you they can pull the trigger faster than I can reach for a weapon (assuming I'm carrying one), aim, and fire it.
As you read above, I believe that cops should be held accountable for their actions and am in no way a "cop lover." With that said if a cop has their gun pointed at me I am not going to do anything but follow their instructions. I guarantee you they can pull the trigger faster than I can reach for a weapon (assuming I'm carrying one), aim, and fire it.
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PO1 (Join to see)
Cops have a hard job. I almost went into Police force, I am glad I didn't. These guys are constantly being challenged for no other reason than they are the police.
In this scenario what failed here? I think their training failed them. Personally, more intensive training possibly would have resulted in a better outcome. Maybe? I don't know, just trying to come up with a solution.
In this scenario what failed here? I think their training failed them. Personally, more intensive training possibly would have resulted in a better outcome. Maybe? I don't know, just trying to come up with a solution.
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Essentially, unduly depriving any citizen of their life without justifiable cause regardless of race or ethnic background is a violation of their civil rights. Only a thorough investigation will dispel the he said/she said and he saw/she saw contradictions that will arise and get to the heart of the matter - was there a legitimate reason for the officers to shoot and kill the victim?
Involving race as a factor would distinguish as to whether or not this was a hate crime or undue racial profiling.
Involving race as a factor would distinguish as to whether or not this was a hate crime or undue racial profiling.
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SGT Jeremiah B.
Interesting take. It never occurs to me that "White on White" can be a deprivation of civil rights since we usually frame it in racial or ethnic terms. Do you think that would fly in court or would the police saying it wasn't motivated by bias get them out of that particular charge?
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MAJ Robert (Bob) Petrarca
Like you, I try to respect law enforcement and the decisions they have to make SGT Jeremiah B.. This is all premised on the theft of a bicycle, for all intensive purposes, a non-violent crime, like so many of the others that have triggered (pun intended) forceful and violent reactions by police. I think it has a good chance of being argued as a CR case. There would have to be some hefty evidence against the victim to justify the shooting and the police are going to have to show at what point their lives were in imminent danger to even draw their side arms for these guys to get off.
Used to be police even drawing their side arms was a major event. Today it seems to be an all too common occurrence. Whether its so many criminals carrying or being protective of themselves, I'm not going to second guess why it's being done. I will question why it escalates so fast from stopping a suspect to drawing especially when these people are unarmed.
Used to be police even drawing their side arms was a major event. Today it seems to be an all too common occurrence. Whether its so many criminals carrying or being protective of themselves, I'm not going to second guess why it's being done. I will question why it escalates so fast from stopping a suspect to drawing especially when these people are unarmed.
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Sgt Aaron Kennedy, MS
I don't recall which Justice said it but taking a life is the ultimate "Seizure" that can happen, SGT Jeremiah B.. A police shooting, falls in line with that reasoning. It's just a case of whether or not it becomes a defense of self or others at that point.
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SGT (Join to see)
MAJ Robert (Bob) Petrarca Apparently there was no reason... Since they received 4.7 million. This could go so many ways. What if someone thought they saw a Hispanic steal the bike, would they be profiling then? I know it is a silly question. I totally agree with your take and how SO MANY are just jumping the gun now-a-days. I wonder if it has to do with past people testing the police officers now. But this did happen two years ago. Just so confused. But I am also tired. BLEH
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