http://www.komonews.com/news/local/26852959.html

Seattle cop involved in Sturgis shooting has history

The Seattle police officer who reportedly shot a known member of the Hells Angels motorcycle gang at a weeklong rally in South Dakota was previously disciplined, once for taunting fans at a football game and another time for allegedly threatening to shoot a restaurant manager who had asked him to leave.

Police officials have not released the name of the officer involved in the shooting, or four other officers with him at the time, but sources have confirmed he is a 43-year-old detective who works for the Seattle police Pawn Shop Squad and is a police guild board member. The officer also is known throughout the department as an avid motorcycle rider.

South Dakota investigators have obtained videotape of the shooting that Seattle union leaders believe will exonerate the officer of any wrongdoing in the altercation that left a Hells Angels member wounded.

"I think it's going to be pretty evident that the officer was fearful of his safety and life and that's why he had to fire," said Sgt. Rich O'Neill, president of the Seattle Police Officers' Guild.

O'Neill said Seattle officers are now concerned for all of their safety because of the Hells Angels' reputation of violent retaliation if one of their members is attacked. "There is a real threat," he said.

Authorities have said the officer and four others at the scene all identified themselves as members of the Iron Pigs, a motorcycle club made up mostly of police officers and firefighters.

Of the other four officers at the scene, one has been identified as a sergeant who at one time ran the security detail for former Seattle Mayor Norm Rice.

The two men were with a group of officers who had traveled to Sturgis, S.D., to join the annual motorcycle rally there.

The shooting happened around 1 a.m. Saturday at the Loud American Roadhouse, a popular bar that held as many as 500 patrons at the time. Sturgis police reported that there was an altercation between some Hells Angels gang members in the bar and members of the Iron Pigs, all of them Seattle police officers on vacation.

Authorities have not said what led to the confrontation, though sources said it might have been sparked because the officers were displaying colors or other identifying markings associated with their club.

At some point, the confrontation became physical, and one of the officers allegedly fired two shots, striking and wounding one of the Hells Angels.
O'Neill said he spoke with some of the officers who attended the Sturgis motorcycle rally and that based on early indications, he believes the officer was defending himself from a "completely unprovoked" attack that might have involved choking.

"It's unfortunate that it had to end like this," O'Neill said. "All the same, the indications are that somebody was totally jumped and beaten. If that's what the investigation says, they have a right to defend themselves."

Seattle Police Chief Gil Kerlikowske has relieved all five officers of duty, pending the outcome of the investigation by South Dakota authorities, according to a statement released on Saturday.

The chief also sent a team of detectives to Sturgis to learn more about the incident, including homicide Lt. Jim Dermody, homicide detectives and a sergeant with the Office of Professional Accountability. The team arrived Saturday, but there was no information available on Sunday as to what they might have learned.

"Our job isn't to interfere with the investigation, but to gather information for our internal purposes," said Seattle police spokesman Sean Whitcomb.
The group of Seattle officers has attended past Sturgis motorcycle gatherings without problems, O'Neill said.

Federal law allows off-duty officers to carry their guns, and the Seattle Police Department's manual gives each officer the option to carry one while off duty.

"One of the reasons for that federal law is that police officers, unlike anyone else, are almost on duty all the time," he said. "You never know when you might run into someone who you arrested."

All are looking forward to "getting back to this side of the mountains," he said.

The officer implicated in the shooting has not been arrested or charged with any crime, but has been disciplined in the past. The detective was suspended for two days for conduct unbecoming an officer during a Seahawks football game on Jan. 8, 2005.

He arrested a fan he said had assaulted him, but other witnesses said the officer's comments at the conclusion of a game the Seahawks lost to the Rams had provoked the crowd. He allegedly taunted the Seahawks fans by pretending to cry like a baby and yelling out, "Go Rams."

The man he arrested had objected, yelled at him and, during a melee, the detective was struck with a megaphone the man was holding.

The officer contended the man had assaulted him and so arrested him, but other witnesses said the blow was accidental.

According to the city's investigation documents on the matter, a witness told investigators, " 'Had the officer not said a word, it would never have happened." She adds police "are supposed to keep the peace, not rile up the crowd.' "

The department disciplined the detective but continued to permit him to work off-duty security at the football stadium if he worked in a different part of the field.

On Aug. 12, 2005, he was again accused of getting into an altercation, that time at a Tacoma restaurant while off duty.

He at one point allegedly threatened to shoot the restaurant manager, who had asked him to leave.

According to internal documents, Tacoma city authorities declined to prosecute the officer, finding there was no evidence that he intended to carry out his threat, but he received a written reprimand for the incident.
But at least one witness said most regular patrons of the restaurant knew he was a cop, and that he was known to always carry a gun.

The police guild is offering moral support to the officer and his family, O'Neill said, and the union's attorney is aware of the shooting.

"The decision to fire is up to each individual officer. Only you know when you feel the time is right and your life is in danger," he said, adding, "It's a traumatic incident any time someone has to fire a handgun."



Yup, different rules for special people

In SD, as a permit holder I am required to NOT carry in any place that gets 50% or more of it's revenue from liquor sales. No open container while carrying also. Does this mean cops are not subject to the same rules as a permit holder in the state of SD ???

You mean according to the law, or how it plays out "in real life"?

As an avid motorcyclist, I see a bit of "cops are more equal" in the Animal Farm sense. Yes, they can dress up in colors and shoot other gangs for hurting their feelings in a bar . . . but it is okay because they are cops. Of course wearing colors as a citizen, you can get your permit yanked per 624.714 Subd. 2. (5) is not listed in the criminal gang investigative data system under section 299C.091. . . . . but that is MN law. I can't imagine other states are more tolerant of people in gang colors carrying weapons.

as anyone else???

Are they ever???

Here's a quote from the FAQ published by the Fraternal Order of Police

http://www.fop.net/legislative/issues/h ... 218faq.pdf




The way I read that is that LEO's are exempt from those types of restrictions.

Anyone else?

Here, you guys interpret.

Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four

An Act

To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.



SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

`926B. Carrying of concealed firearms by qualified law enforcement officers.'.



SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is further amended by inserting after section 926B the following:

`Sec. 926C. Carrying of concealed firearms by qualified retired law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified retired law enforcement officer' means an individual who--

`(1) retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;

`(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

`(3)(A) before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more; or

`(B) retired from service with such agency, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

`(4) has a nonforfeitable right to benefits under the retirement plan of the agency;

`(5) during the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms;

`(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(7) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is--

`(1) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm; or

`(2)(A) a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer; and

`(B) a certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) a destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is further amended by inserting after the item relating to section 926B the following:

`926C. Carrying of concealed firearms by qualified retired law enforcement officers.'.



Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.

So, YES, out-of-state and retired cops can carry in bars notwithstanding the LAW of the location state unless the "private persons or entities" operating the bar prohibits carry. The location state's no carry while intoxicated law doesn't apply to them either.

As usual, the "special people" can ignore the law.

Don't forget a retired police officer is just another out of work old guy.

And a drunken retired or out-of-state LEO is just an angry, armed, drunk.

Hey, I resemble that remark!

Too long to post the entire article.

http://seattletimes.nwsource.com/html/l ... s12m0.html




LEO was not drunk (according to bartender).

He was hit from behind, knocked out and was pinned down when he came to.

Please read for details

I guess the Iron Pigs website is partially down.

But, they apparently advertised on the website that the "Iron Pigs" will not be intimidated by Hell's Angels, and that they will wear their "colors" anywhere, without first getting "permisssion", (from the dominant area club).

The "colors" are supposedly a special patch, it would apparently be OK to just say "Iron Pigs", but the tough clubs add other stuff that is a challange in the tough guy world, I guess. So, they were offering a fight.

It's too bad the police club chose to actively follow the gangster code, instead of doing something on their own.

There is the thing. I have walked around in the motorcycle community enough to spend time with Bike Clubs. . . you give them respect, they give you respect even in Sturgis on a crotch rocket (rode mine from PA to Sturgis and back. . . saddle sores and all). It is no big thing, just a citizen enjoying the same show. When the Police put on colors, they are saying that they are a gang same as if a cop dressed out as a Crip or Blood. . . went into the other gang's turf and then cried when they got called out for wrong colors in the wrong place.

Yeah colors, a three part patch is gang affliliation. You'll notice, Christian Motorcyclist Association riders use a one piece patch, so they won't be crossing lines of mutual respect. My issue with this event is that it is in essence saying that cops can be gangsters in their off duty time and it is okay.

The officer doing the shooting couldn't possibly be a reluctant participant in the same way that a person attending an NAACP meeting in a Klan Robe, couldn't say "oh they attacked and I was in fear of GBH or death so I had to shoot them".

Your Constitutional rights are not mutually exclusive.

Yep. The Patriot Guard has a disclaimer on their website, if you order a back patch.



The Minnesota branch updated to a one-piece recently, too, specifically to avoid these problems.

I would hope that they would forego wearing "colors" on their nifty leather jackets while conducting the investigation.

Seriously, are we discussing adults here? These are real police persons who like to prance around in outfits that mimic outlaw bikers?

Let's substitute Morris Minor's for the bikes, and turtle-neck sweaters for the leather's with "colors". Oh, I get it now. They wouldn't do that. They need to pretend to be big bad bikers, most likely for the intimidation factor.

"Special" people indeed these police. I believe they created a set of Olympic games just for them.

1%ers

On multiple levels.