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  • heart attack

    On thursday a Deputy from the Sheriffs Office I used to work with had a massive heart attack, after having to fight with a drunk. He was trying to get him into the cell (he is the Chief Jailer). He has been in law enforcement for about 25yrs. My wife and I went to see him on sunday, he is in a coma. His wife said that he has never been in the hosp been on meds or even went to a Dr. Just if everyone would keep him in your prayers his name is Davey.

    Now just for thought. Do you think that the drunk should be charged with assualt or if he passes charged with murder? Has anyone ever heard of someone being charged when a LEO has a heart attack after fight with someone?

  • #2
    Originally posted by wolfiePO805 View Post
    On thursday a Deputy from the Sheriffs Office I used to work with had a massive heart attack, after having to fight with a drunk. He was trying to get him into the cell (he is the Chief Jailer). He has been in law enforcement for about 25yrs. My wife and I went to see him on sunday, he is in a coma. His wife said that he has never been in the hosp been on meds or even went to a Dr. Just if everyone would keep him in your prayers his name is Davey.

    Now just for thought. Do you think that the drunk should be charged with assualt or if he passes charged with murder? Has anyone ever heard of someone being charged when a LEO has a heart attack after fight with someone?
    I could see charges on assult, I could see possibly a manslaughter charge, and I can't see a murder charge. As much as I would like to see that drunk get what he deserves, none of those charges I just mentioned would likely fly if he had a good lawyer.

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    • #3
      Perp should absolutely be charged with a crime, pick one. May God be with Davey.
      law dog

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      • #4
        Well, let's see...
        In Texas, I guess you could go for capital murder. His actions caused the death of another while he was in the commission of another felony (the assault of a LEO while performing duties is a felony).

        Good luck, however, getting a prosecutor to take it. And I really don't know if it's appropriate, since you don't charge every drunk fighting you with attempted murder. I would be happy with a manslaughter charge if he were to die. I hope and pray for his full recovery. When he wakes, give him my best.
        If trees could scream, would we be so cavalier about cutting them down? We might, if they screamed all the time, for no good reason.

        ---Jack Handey

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        • #5
          UPDATE: Spoke with a deputy about Davey they said it doesnt look good. He said there was no brain activity, and they were probably going to take him off the ventilator.

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          • #6
            Passed Away

            On Sunday 06-24-2007 Davey passed away after suffering a massive heart attack. Please pray for his family.

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            • #7
              Sorry to hear that. Probably the prisoner could be arrested for felony resisting, but I doubt it would rise to murder. I guess it depends on the situation. In theory, it could be manslaughter, but in all liklihood it probably won't be charged as such.

              Thank God for TAZERs.
              "Say hal-lo to my leetle frahnd!"

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              • #8
                I think this could be a double edge sword, if charged it could come back on LEOs making an arrest and suspects dies due to prior health conditions. Heart conditions are unpredictable and are like bomb its just a matter of time.

                In the academy a cadet died during a ¼ mile run due to a heart murmur on the third day. He ran two miles a day and was in good shape. I don’t think it was the departments or instructors for fault for PTing us it was just an unexpected accident.

                Plus for murder charges there would have to be reckless or intent.
                "An officer has the confidence to stand alone, the courage to make tough decisions, and the compassion to listen to the needs of others. He does not set out to be a leader, but becomes one by the quality of his actions and the integrity of his intent."

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                • #9
                  I think cops have limited immunity from such charges so long as they're "acting in good faith." In discharge of their duties, for example. If they beat the guy, they would have trouble. But merely arresting him, no problem.

                  The guy in jail was not acting within his rights. He could be charged with something.

                  The charge wouldn't be murder, it would be manslaughter. But probably it wouldn't be either.
                  "Say hal-lo to my leetle frahnd!"

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                  • #10
                    Originally posted by Gene L View Post
                    Sorry to hear that. Probably the prisoner could be arrested for felony resisting, but I doubt it would rise to murder. I guess it depends on the situation. In theory, it could be manslaughter, but in all liklihood it probably won't be charged as such.

                    Thank God for TAZERs.
                    I think it might be appropriate for manslaughter. It is the catch-all homicide charge, and easy to prove. I think, depending on the deputies age, a reasonable juror would be able to convict based on the age difference.

                    My families prayers for Davey and his family.

                    RIP brother, you have earned it.
                    Fighting the good fight, one beer at a time.

                    "Defense aint for no nice people." Neamiah Warrick, first year starting Saftey, Michigan State University 2006

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