Cop shoots Navy vet; “I’m sorry, you startled me”
Tman sends a link about a Navy veteran, Jennifer Orey, who was shot in her backyard by police officers looking for a man who had been reported to be sneaking around in a black ski mask in the neighborhood.
Orey was in her pajamas in her yard around 10:30 p.m. because she heard noises and thought it was her ex-husband, the newspaper reports.
Orey and Deputy Luke Berhalter came in contact and the officer’s firearm discharged at point-blank range, her brother James Morgan told local Fox 5 News.
“He fired without warning, saying freeze, or anything. Then just as she saw the black smoke coming out the barrel she turned her body,” Morgan said. “The bullet went through her chest and her left nipple, into her shoulder and out her pinkie.”
The deputy reportedly told her, “I’m sorry, you startled me,” Morgan told the television station.
Sorry, after watching the Dirty Harry movies, I thought you police guys trained for those circumstances. I even believed the parts where you like gave warnings and stuff. I’ll admit that Orey probably did the wrong thing when she went out to investigate noises in the dark by herself, but she certainly shouldn’t have been shot for it.
Category: Veterans Issues
“…the officer’s firearm discharged…”
Huh. Just like that? IT discharged? How about, ‘the officer shot her’. Ascribe responsibility to the person who acted; not some inanimate object.
The solution is obviously more gun control laws.
Seems like a LOT more justification for her to shoot him than for the cop to shoot someone in her own back yard minding her own business.
There seems to be a theme running through several posts today. I was kidding with my first suggestion that the NYC police be disarmed. This? Not really kidding here – he needs to turn in his firearm immediately. Maybe he’s better suited for unarmed parking meter duty?
The last place in the dark I’d want to be would be between a criminal and a bunch cops on the hunt for him. I can’t think of a faster way to end up dead.
That city is going to be paying out alot of money and the officer is in for one hell of an investigation.
Jonn, the military has plenty of accidental shootings and bombings so guess you could say the same about military training.
@4: In fairness to her, she didn’t know there wee a bunch of cops looking for a criminal.
As for the gun leaping up and shooting her; well, it’s those evil guns!!
Its not clear from me, if the cop was in her backyard, and if he was all I’m going to say is the headline should read “Trespassing Cop shoots Homeowner”.
I don’t find fault for her going out to check things that went bump in the night. I do it all the time at my place, and I’ll be honest I never though to ask myself “Is it the police looking for “a man who had been reported to be sneaking around in a black ski mask in the neighborhood”.
I’m usually armed too when I do it…
Yeah-I investigate noises at my house in the middle of the night accompanied by Mr. Mossberg. A cop should really let his presence be known if there is anyone else present, when “startled” yelling “freeze Police” is preferable to shooting first and asking questions later.
OT, I didn’t mean to sound like I placed any blame on the vet. I’ve seen cops on the hunt in my own neighborhood; a bunch of dark shapes with guns swarming through yards, over fences, down alleys. Anybody unlucky enough to “startle” them is likely to get shot. It’s just that simple.
In a just world, she’d be allowed to return the compliment.
That cop needs to lose his badge too. He seems better trained to ride a Segway at the Mall.
AW1 Tim – spot on about returning the compliment!!!
I don’t think its that simple. There’s this little thing called the 4th Amendment that should keep the police out of my backyard at 10PM. Unless they have a warrant, they’ve got no business running through my property without announcing themselves.
You’d think this encounter would have gone something like this:
*Knock knock*
*peer through the eye hole see a police officer standing under the porch light*
*crack the door open, Mr. Springfield behind my back*
“Yes, can I help you?”
“I hope so sir. I’m responding to reports of a man sneaking around in the neighborhood. Have you seen anything?”
“No, sorry I haven’t.”
“Alright sir, you have a good night”
*Officer walks away*
I believe this is the same story I read a couple days ago. It is my understanding the victim is the one who called 911.
Posted too quickly. The fact that she is the one who called 911 does not in any way excuse the cop for shooting her but it should clear up some misunderstandings about why the cop was in her backyard to begin with.
I guess the cop never heard the sage advice:
“Keep your booger hook off of the bang switch.”
I don’t know if thats better or worse Bill.
“Quck call 911, I need to be shot!”
But it doesn’t sound like she’s the one that called it in. The HuffPo (http://www.huffingtonpost.com/2012/08/21/jennifer-orey-shot-by-deputy-_n_1819271.html?) says “The location of the shooting was about one to two blocks from the original 911 call, NBCSanDiego.com reports. Deputies were searching Orey’s backyard for the suspect when the shooting occurred.”
The cop screwed up. He was startled and he shot–apparently w/o any assessment at all. That’s crap. I guess his department couldn’t afford the shoot/no shoot software and hardware.
Must have been Ramadan – hunger and thirst provoke peoples to just start shootin.
@9: Very true, PN
Guys, I was a civilain cop for 32 years– and a range master. In the first several years I worked with poorly trained cops…I was almost shot a few times in the back by fellow cops. #1 violation? Finger on the goddamn trigger while moving.
When I deployed to Iraq in the Nat Guard, I threated to kick the ass of any of my Soldiers who violated that rule. I told them if they shot me, they had better kill me. I never had any problems.
“I’ll admit that Orey probably did the wrong thing when she went out to investigate noises in the dark by herself, …”
bloody hell, I’m not supposed to check up on my own back yard, now?
I had a similar reaction but he did say “probably.” The fact that she went into her own yard when there might have been a bad guy there is about as wise as my walking unarmed down a ghetto street at 10:00 p.m. whistling Dixie. I would certainly have a right to do it but it would not be particularly wise.
If she’s not the original caller she has no idea who is in her back yard at 10pm making noise. I have flood lights for just this type of occassion, they are bright enough to read the small print on a chewing gum container. It never hurts to enlighten oneself before stepping outside, and arm yourself as well. Lighting is cheap and resolves problems with identification especially when you are directing the light at them from your darkened position indoors, it gives you a nice advantage.
Two local cops went strolling through my tiny yard one Sunday at 5AM. I was up, watching the news and saw them through the front picture window. I picked up my big cat the Mikester and my cup of hot, steaming tea, opened the door and asked them what on earth were they looking for in my yard? Their car keys?
They said “no” and left.
heh heh heh…. they said “nipple”
“I’m sorry, you startled me,”
“OUCH!! !!!!###&&&@@@ S-O-B!!! I’m sorry, but I’m suing both YOU and your sorry-ass department for medical bills, and pain & suffering, down to your socks.”
Sounds to me like a Dumb and Dumber situation.
The lady enters her darkened back yard unarmed because she “thinks the prowler may be her husband?” That’s dumb.
Supposedly professionally trained Cop fires his weapon at an unknown, unidentified target without warning? That’s dumber.
4 Rules to live by:
1) Keep your finger off the trigger until you have a target (live or paper).
2) Never point your weapon at anything you are not willing to destroy.
3) Treat every weapon as if it is loaded (and it damn well should be).
4) Know your target, AND what’s behind it.
4 basic rules broken. 1 Veteran/Citizen shot. Yes, there should be a BIG settlement, stacked on top of a badge of a former LE agent.
NO, it was not her fault for investigating noises in her OWN yard. It is her right. It is her property.
@28.
Mine were a little different:
1) Never count your gold in front of strangers.
2) Always test your women before you buy them.
3) Never carry more than you can afford to lose.
However, you are absolutely correct.
Double tap when applicable.
The Blaze states that she was the one who originally called the cops. I believe it was on Drudge a few days ago too.
http://www.theblaze.com/stories/calif-police-respond-to-womans-911-call-and-then-accidentally-shoot-her/
Desk Pop! Hey everyone, I did my first backyard Pop. That’s a real thing isn’t? She was so convincing she swung me!
I guess there is a reason why DA went from Accidental Discharge to Negligent Discharge. Now all we have to do is have the police follow suit.
Well, the guy did say he was sorry. That should make it all better.
But remember boys and girls, ONLY LEOs are qualified to safely carry those scary guns. This ties in well with the two NYPD cops who confronted a guy who had just shot an ex-coworker. Shooter pulls his weapon, it malfunctions, Police proceed to shoot up the sidewalk, killing the suspect and WOUNDING 9 innocent bystanders.
Christ on a crutch! KNOW your target, KNOW your backstop! Didn’t these morons pay attention to ANY of their training?? These are the “trained professionals” Bloomberg keeps touting as the only ones “worthy” of going armed. I notice the old guy in the Florida casino managed to only shoot the bad guys. Maybe he can hold classes for the NYPD.
Former FED LEO says, “he will loose his job and will be charged”. His own spontaneous utterance and admission, “you startled me (and caused me to forget all my training, thus making me unfit to even patrol a parking lot in daylight)” will be a key piece of evidence during IA investigation. Nothing fun about about this story. Hopefully she will make a full and functional recovery.
@25graham, tell us which you’d prefer: a broken nose from a head butt or a knee to the nuts?
Let Nicki deal with #25. I still shudder at her idea of punishment for the SV and motorcycle thief.
So, will the cop get charged with attempted murder? Will the cop be charged with any of the charges the vet would face if the barrel was reversed?
-Doc
I thought the original story was a little strange. The women went into her dark backyard in her pj’s at 1030pm because she thought her EX husband was there? WTF???
The point here is that she has a right to be in her own yard any hour of the day dressed in whatever she wants. If any of the rest of us enters her yard without being invited we are guilty of trespassing. Cops have an even higher standard to be there legally.
Cop screwed up big time. In more ways than one. My question is how much of his chain of command will also face criminal charges for their part in this mess. Conspiracy after the fact, or some such?
@40. Hello OWB. I hope you’ve been well during my extended hiatus.
The last time I had a “spontaneous reaction” to a woman in her PJs I was about, ohh… 12. 🙂
Finger OFF of the trigger until a target is lined up in your sights.
Idiot. SUE,sue,sue,sue,sue the bastards.
@ 41: Fine here. You?
@OWB: Of course your correct, you do have a right to go into your backyard in your pj’s if that is what you want to do. My point is that when you hear a strange noise in your backyard at night do you cruise out there without a flashlight or a firearm? I know that I don’t.
Been known to, yes, jonp. When I lived in the city, the strange noise was likely to be a neighbor’s dog checking out the trash cans and it would run off when it heard the back door open.
It is a reasonable expectation that your own back yard is a relatively safe place to be. Depending upon where that back yard is, of course. Hers obviously proved not to be.
LEO’s here tend to run in packs and don’t go on other people’s property without either an invitation or a warrant. Seems like the only way to operate if for no other reason than officer safety.
@44. I’m fiesty again.
Owb:again yes indeed, it is a safe place until that one time it isnt and once is all it takes. Just call me paranoid. Its why I always scan a eoom when entering, sit wkth my back to a wall and watch everyone I meet. Just weird I guess.
Hear ya, Jonp. Situational awareness is always good. However, a trespasser doesn’t know where the strategically placed garden implements are around my yard either. 😉
It would be a sad state of affairs indeed if Americans grew to be so scared, whether of LE or Criminals, that they did not feel they could walk into their OWN lawns at night.
It would mark an astounding degree of lost Freedoms and Rights, if Americans were told they did not have the Right to be in their Own yards after hours of darkness.
A few commenters here have suggested that it was a poor decision on the part of a Navy Veteran to visually inspect her property after dark (in whatever attire). Every American should feel secure enough in their own abilities, and safe enough in their own yards, to investigate things that go bump in the night. The last thing they should have to fear is a Police Officer hiding in THEIR bushes, that shoot them in their own yard.
Fortunately, this is still considered normal, reasonable, and even expected behavior of homeowners in Tennessee. And I’ll proudly point to the case of the homeowner in Texas, that not only defended his own property, but also that of his Neighbor. The Independent nature of the South is how America was built.