NYPD diallo shooting

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pluspinc

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Det Kevin Berry testified as a "expert" on firearms and 12 yrs experience in the "ballistics dept" When asked about a NY trigger said he didn't know what one was. Didn't know when the dept changed to hollowpoint bullets.The lawyer asking questions about the guns and bullets had no clue what he was talking about and constantly stumbled to figure out what he was talking about and use any type of firearms terminology.
The expert also said what causes muzzle flashes is the "burning gases."
As as court approved expert witness I always work with the legal team to make sure they understand terms and how to use them so a jury or judge can clearly understand what they mean. It is obvious in this case that they have not done that and the defense teams looks pretty silly and unprofessional as they stumble over words and terms many would know or understand if done right.
This is why a good defense requires a lawyer that understands firearms issues. Lawyers seldom if ever get self-defense issues discussed in law school, and the only education they will get on firearms will be on the job at some clients expense or what they learn on their own.
In the Diallo case the defense is clueless about firearms issues, has no idea what questions to ask, nor which issues to debate.
Also interesting is that Det Berry said he was given a fragment of a bullet jacket from the ME's office recovered from the deceased. But there is a claim that they used FMJ slugs. It is highly rare or unusual that in flesh a FMJ would peel off a jacket. The defense didn't pursue this. Incredible!!
In this case the defense is ill-prepared and didn't have a grasp of the issues. The bulk of this case will be the training of the officers and firearms issues. You can be sure MAJOR decisions in training will come out of it in a typical knee jerk reaction to this shooting and those decisions will border on silly to nonsense as a result. Mark my words on that one.
Interesting to note the bullet holes at the crime scene go from the ceiling to the floor.
Will be interesting to watch this case through trial and the aftermath. Regardless of the decision it won't produce anything productive for training.
It will be a prime example of the "one time" school that creates nonsense changes based on a "one time" incident.
The anti gun crowd has gone after capacity of guns for civilians. This case should result in the same move for law enforcement to limit capacity.


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Specialists in the use and training of lethal force.
 
Advice I recieved when I applied for my CCW permit:
"Find an attorney that knows how to present an "Affirmative Defense" case NOW. You don't want to be looking for one in the Yellow Pages while you're in lockup."

Ok, so we've used a certain legal "group" for many years, handling mostly business affairs. The next time I had a consultation, I asked specifically if someone in the firm had experience with "Affirmative Defense". All I got was a blank stare. I had to explain that it meant "I'm admitting that I did it, and pleaing that I was right (or justified) in doing so. The guy says: "Oh yeah, yeah. That would just be a straight criminal defense case, we could handle it." Somehow, I was not reassured....at all.
Do you know of a listing (on or offline) that represents attorneys who are knowledgeable in such matters?
 
Fastforty: I ran into the same thing. Once I explained it to them they will answer. "Yes we can handle that type of case. We handle DUIs all the time" What do they have in common???? Even the one refered to me by a training school suggested I rather NOT carry a gun because it could "get me into trouble???" In over a dozen years the gun I carry has never gone out and done that. None of them have even jumped out and shot someone. "But I am a little concerned. I want a Glock" And as everyone knows "see Diallo shooting" the Glocks shoot themselves. "or something"
So I have two "sorta" lawyers phone ## in my bilfold/cell phone. But will hunt for a better one soon.
BTW how did you bring it up/ explain what you "might" ever need a lawyer for???? Most that I called asked if I was in jail? "NO" are you arrested? NO. Out on bond? "NO" I had told them I was researching to find a lawyer to know of in case something bad ever happened. I didn't want to waste my phone call. UfDa
 
Since this thread has more legal aspects than just handguns, I'm moving it to the Legal and Political forum ...
 
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