MD Road Rage incident goes to trial

[Chris0nllyn]

Facts of the June 2013 case are undisputed: Walker shot and killed Joseph Dale Harvey Jr. along Route 3 near Millersville after the two pulled their vehicles over following an angry exchange.

In New Jersey, the law enforcement community has rallied around Walker, with bowling and golf tournaments to raise defense funds, car pools to shuttle supporters to the Annapolis courtroom and T-shirts with the slogan, "In this family, no one fights alone."

Walker, his wife and children had attended a barbecue at his sister's home in Odenton on June 8, 2013, and were heading home to New Jersey.

Harvey had been eating crabs and drinking beer with friends, and was driving to a Pasadena bar for a bachelor party.

About 8:30 p.m., the two wound up swerving and yelling at each other after their cars nearly collided on the highway. Both got out of their vehicles on the side of the road. Walker shot Harvey three times, killing him. Toxicology samples later indicated Harvey's blood-alcohol level was 0.07 to 0.08 percent. In Maryland, 0.08 percent is the threshold for driving under the influence.

Detective William Caicedo, president of the New Jersey Policemen's Benevolent Association Local 232 — the union that represents Walker — said Walker has been unfairly portrayed as an aggressive officer when he was just trying to protect his family.

The union, along with the National Police Defense Foundation, has helped fund Walker's defense and pay his bills. Walker was suspended from his job without pay after the was criminally charged with first-degree murder and weapons charges.

The defense hasn't come cheap. The national foundation connected Walker with New York City defense attorney Michael T. Cornacchia, whose roster of past clients includes one of the Duke University lacrosse players exonerated in a high-profile sexual assault case in 2006. Walker's team also includes attorneys from a Baltimore firm.

Members of the police community in New York and New Jersey are concerned about Walker's fate but say there's more at stake. Some fear that if Walker is convicted, it could cause off-duty officers to think twice before acting in dangerous situations when they are not on their home turf.

"This is a case that will have a chilling effect on law enforcement," said Joseph Occhipinti, the National Police Defense Foundation's founder and director.

Police officers make split-second decisions to intervene in a situation, whether they are on duty or not, he said. If they are criminally charged for acting in good faith or in self-defense — as Walker's supporters say is the case —- they might reconsider getting involved.

"You are adding this factor of self-doubt," Caicedo said. "Can I, should I intervene?"

http://touch.baltimoresun.com/#section/822/article/p2p-80854818/

 

[Hijinx]

http://touch.baltimoresun.com/#section/822/article/p2p-80854818/

I don't see a First degree murder charge here. Maybe Manslaughter or murder 2.

Walker was a New Jersey Police Officer he is also black and the other fellow was white.
According to one witness the dead man used a racial slur against Walker.

3 shots at close range will sure stop a fight. The question is was it justified?

I don't believe this Walker will go back to Police Work after the trial.

But it does bring up another thought.

Why do Police have the right to go armed and protect themselves--if that is what he was doing--and yet I do not.

 

[Chris0nllyn]

Why do Police have the right to go armed and protect themselves--if that is what he was doing--and yet I do not.

Because LEOSA.

 

[itsrequired]

Because LEOSA.

Gotta love George Bush and HR 218.

 

[GW8345]

I bet the cop didn't have a Maryland CCW permit so he should be charged for having a weapon without a permit, I don't care if he's a cop or not, he's not a resident of the state nor works for a state agency so he should not be allowed to carry.

Liked to know what transpired when both got out of their vehicles and if Harvey had a weapon.

Doesn't look good for Walker if the details of this story are accurate.

http://www.washingtonpost.com/local...fd0756-d1f9-11e2-9f1a-1a7cdee20287_story.html

 

[officeguy]

Walker was a New Jersey Police Officer he is also black and the other fellow was white.
According to one witness the dead man used a racial slur against Walker.

In the Pinkerton case, a judge in AA county barred the prosecution from including the alledged racial slurs in testimony. Goose, gander thing they now should have to exclude it this time around if the defense wants to use it as a tool to make a case for one of the lesser included charges.

 

[officeguy]

I bet the cop didn't have a Maryland CCW permit so he should be charged for having a weapon without a permit, I don't care if he's a cop or not, he's not a resident of the state nor works for a state agency so he should not be allowed to carry.

The federal government disagrees with you. Full-time and retired full-time officers from other jurisdictions can carry, regardless of the laws of the host jurisdiction (the aforementioned LEOSA).

 

[GW8345]

The federal government disagrees with you. Full-time and retired full-time officers from other jurisdictions can carry, regardless of the laws of the host jurisdiction (the aforementioned LEOSA).

The federal government disagrees with me on many issues, doesn't mean they are right and I'm wrong.

 

[officeguy]

The federal government disagrees with me on many issues, doesn't mean they are right and I'm wrong.

I think there are many good reasons why cops should be allowed to carry outside of their jurisdiction, getting into shouting matches and popping a couple of rounds into someones chest is not among them.

 

[GW8345]

I think there are many good reasons why cops should be allowed to carry outside of their jurisdiction, getting into shouting matches and popping a couple of rounds into someones chest is not among them.

I agree cops should be allowed to carry, but citizens should be afforded the same opportunity also, if citizens can't carry in a state they are resident of, then an out of state cop shouldn't be allowed to carry either.

 

[officeguy]

I agree cops should be allowed to carry, but citizens should be afforded the same opportunity also, if citizens can't carry in a state they are resident of, then an out of state cop shouldn't be allowed to carry either.

One doesn't follow the other.

 

[GURPS]

One doesn't follow the other.

not according to Federal Law ... but it is a 'all citizens are Equal thing'


I wonder if an Equal Protection Argument can be made ....

 

[Larry Gude]

I don't know jack #### about this case. After reading it, I don't see where Walker explains why he shot. And it sure is a hoot hearing the defense claim this is a 'Southern fried racism' thing when their guy is black and alive and the other guy is white and dead. Go back 40 years ago and have a white cop shoot an un-armed black man and have the defense screaming 'justifiable!' and then you might have a point.

Damn, we live in strange times.

 

[vraiblonde]

Why do Police have the right to go armed and protect themselves--if that is what he was doing--and yet I do not.

You indeed can do anything you please...as long as you don't get caught. And since the risk of random discovery is less than slim, the only way you're likely to get caught is if you have to use your gun. In that case, wouldn't the gun charge be worth it (assuming they actually charge you) if it saves your life against a predator? I'd be willing to take my chances with a jury in that situation.

Regarding this case, clearly you cannot kill someone just because they call you a name; so I don't even know why they'd bring up any racial slurs. What they're deciding here is whether Walker is a rogue officer who guns people down when he gets pissed, or if Harvey physically attacked him and Walker used his weapon in self-defense. Harvey had been drinking, and was on his way to do more drinking. That may or may not mean anything, but it doesn't look good.

I think we should just do away with cops altogether. Let's go back to wild wild west and no one to enforce any laws. See how that works out. I can take care of myself, so it wouldn't bother me one bit.

 

[Merlin99]

The federal government disagrees with me on many issues, doesn't mean they are right and I'm wrong.

They are the ones who define right and wrong (legally) in this country, so you may disagree with them and their position may be asinine, but they are technically right.

 

[Merlin99]

http://touch.baltimoresun.com/#section/822/article/p2p-80854818/

"

This is a case that will have a chilling effect on law enforcement," said Joseph Occhipinti, the National Police Defense Foundation's founder and director.

Why is it always "chilling" is it the only approved legal adjective? Why not stifling, or suffocating, maybe even confining?

 

[Hijinx]

"
Why is it always "chilling" is it the only approved legal adjective? Why not stifling, or suffocating, maybe even confining?

Well the supposition is BS anyway. The outcome of this case will have no effect on law enforcement at all.

IMO the New Jersey Law Enforcement Community and the Police Union are backing the wrong horse.

Their boy F**ked up. First he engaged in a car scuffle when he should have just backed off. He alledgedly waves his gun around during this stupid action,Swerving back and forth instead of letting the other guy just make a stupid move and shaking his head at that move. Then he stops on the side of a busy road to argue with another idiot.
Then he shoots the idiot who had not at that point laid a hand on him.

The Law Enforcement Community in New Jersey, a State that has a woman going up for 3 years merely for carrying a pistol and then telling an officer she had it when stopped for a busted headlight, has the unmitigated gall to not only carry a gun into Maryland but shoot and kill a Maryland resident with it, and they want their man exonerated because he is wrong ,but a police officer, and that supposedly makes it right.

GTF outtahere.

 

[vraiblonde]

Their boy F**ked up. First he engaged in a car scuffle when he should have just backed off. He alledgedly waves his gun around during this stupid action,Swerving back and forth instead of letting the other guy just make a stupid move and shaking his head at that move. Then he stops on the side of a busy road to argue with another idiot.

So the cop ignores the drunk guy who is driving erratically and aggressively, guy goes merrily on his way, then plows into a minivan transporting a pee wee soccer team, killing 6 young children. Are you saying that cops shouldn't pull over drivers who are an obvious danger?

Then he shoots the idiot who had not at that point laid a hand on him.

Anyone who's ever been in a physical altercation knows that by the time the other person gets their hands on you, it may be too late to protect yourself. I don't think cops, or anyone else, should have to wait until they get the #### beat out of them to go on the defense.

I'm not sold that this cop screwed up. It could just as easily be that he was in the right and the dead guy screwed up.

 

[FollowTheMoney]

I think we should just do away with cops altogether. Let's go back to wild wild west and no one to enforce any laws. See how that works out. I can take care of myself, so it wouldn't bother me one bit.

Your quip shows your ignorance. There were laws in the "wild wild west." And they were enforced by a Marshal or a Sheriff. The laws that were enforced
are what's known as "common law." Basically, vrai, common law is, well, common sense. As long as you don't hurt the person or property of another you
are good to go. That included, things like murder, cattle thieves, horse thieves, stagecoach robbers, shooting someone in the leg, etc. There were no
ticket writers back then for things like driving your horse too fast through town or anything like that. Think of common law along the lines of the 10 Commandments,
but not literally. People knew to act appropriately because everyone had a gun and were not afraid to use if the need arose. If someone was wronged, they didn't
call the police, they handled it themselves. Either by public ostracization, a beat down or whatever the case warranted. Other than that, it was a most polite society.
Life back then was not, was not, as the movies portray in a 90 minute film.
Also, every person was a law enforcer in those days. But only under common law. The Sheriff or Marshal, when called upon, just made decisions if a case warranted
an arrest or not. And remember, there were no phones, or cars. People lived miles from each other. A call out to the Sheriff or Marshal could take hours, if not days.
Most men were men of honor in those days and knew how to stand their ground and defend themselves, and others if necessary. They didn't call for help.

 

[Chris0nllyn]

So the cop ignores the drunk guy who is driving erratically and aggressively, guy goes merrily on his way, then plows into a minivan transporting a pee wee soccer team, killing 6 young children. Are you saying that cops shouldn't pull over drivers who are an obvious danger?

Except the cop didn't pull the guy over for driving erratically.

About 8:30 p.m., the two wound up swerving and yelling at each other after their cars nearly collided on the highway. Both got out of their vehicles on the side of the road. Walker shot Harvey three times, killing him. Toxicology samples later indicated Harvey's blood-alcohol level was 0.07 to 0.08 percent. In Maryland, 0.08 percent is the threshold for driving under the influence.

Who started the altercation and whether Walker acted in self-defense are in dispute. Harvey's friend and passenger, Adam Pidel, told state troopers that Walker's van crossed into their lane as both turned from Route 175 onto northbound Route 3.

This happens are a fairly regular basis (folks drifting or swerving into other lanes as they turn)

Anyone who's ever been in a physical altercation knows that by the time the other person gets their hands on you, it may be too late to protect yourself. I don't think cops, or anyone else, should have to wait until they get the #### beat out of them to go on the defense.

So he pulled his gun out before stopping, in his defense?

Transcripts indicate Walker told a 911 operator that Harvey started the dispute and that Harvey had called him a racial slur. Pidel also told police his friend used the slur, and said he saw Walker flash his gun before the vehicles stopped.

Also, Harvey's passenger says he say Walker get out of the van, walk up to Harvey, then go back to the van to get his gun.

Not to mention the 4 seconds or so between the leg shot, and the other "fatally wounding" shot.

I'm not sold that this cop screwed up. It could just as easily be that he was in the right and the dead guy screwed up

Or maybe they both did....Why not just keep driving?