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Just to update you. This mornings paper says district attorney announced charges of second-degree manslaughter against two Noble police officer for causing the death of a 5-year-old boy on Aug. 3 while shooting a snake in a birdhouse. The officer who shot the fatel shot had been with the department for about a month.

Some oklahoma agencies allow officers to carry before they go through training, don't know if thats the case with this guy. The other officer charged is a Sgt. and was the newb's supervisor.
 

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Discussion Starter #2
By the way the snake was non-poisonous. They shot it because they failed to remove it with a baton and a yard tool.
 

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Oklahoma law allows agencies to use an officer up to 1 year before they are required to be Cleet certified, most of the larger agencies run their officers through an academy before putting them on the streets, while I don't know Noble's policy, a small town like Noble is the most likely to put an officer on the street without certification.



It's certainly possible for someone to ignore their training, but I'd like to think that any Cleet certified officer wouldn't do that, but the supervisor who is also being charged should have been certified and he definitely allowed this to happen. I'm Cleet certified, anyone who went through Cleet should know better than to do something as reckless (and stupid) as what they did.
 

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A family torn apart because of someone's stupidity... Well if the baton and garden tool dont work they shouldve tried the tazer first...(not serious).. I am glad both officers are being charged this family might see some kind of justice nothing will get their boy back but if these two get the max punishment for their stupidity I think it will help start the painful process of living life w/o their child... thanks for the update.. 2nd degree though they should also be charged with negligence as well..
 

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I feel for the family's loss, it was poor judgement on behalf of the officer (both) but second degree manslaughter?
 

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im torn on this one too, one one side he did kill an innocent child senselessly. On the other hand, he was trying to do his job and protect and serve, and now has to spend his years in prison with cop haters.



sigh.. this is truly sad
 

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mad212 said:
im torn on this one too, one one side he did kill an innocent child senselessly. On the other hand, he was trying to do his job and protect and serve, and now has to spend his years in prison with cop haters.



sigh.. this is truly sad


If you call protecting and serving shooting at a non-venemous snake in a tree I would hate to see the cops where you live..
 

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"Then two officers came out of the brush over there," he told The Oklahoman. "They didn't tell us they were the ones who had been shooting or that they had shot him. They didn't admit a doggone thing."
 

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OK, you made me dig out my copy of Title 21, looking at the elements required to show manslaughter in the first degree, this wouldn't qualify, which would automatically make it manslaughter in the second degree.





Oklahoma State Statutes Title 21



711 Manslaughter in the first degree



Elements:



1 When perpetuated without design to effect death by a person while engaged in the commission of a misdemeanor.



2 When perpetuated without design to effect death, and in the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon, unless committed under such circumstances as to constitute excusable or justifiable homicide.



3 When perpetuated unnecessarily either by resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.



716 Manslaughter in the second degree



Every killing of one human being by the act, procurement of culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.
 

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whene I said protect and serve, I meant the fact that he committed to do that, not that fact that he shot a snake that was in a tree not bothering anybody.
 

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G56 said:
OK, you made me dig out my copy of Title 21, looking at the elements required to show manslaughter in the first degree, this wouldn't qualify, which would automatically make it manslaughter in the second degree.





Oklahoma State Statutes Title 21



711 Manslaughter in the first degree



Elements:



1 When perpetuated without design to effect death by a person while engaged in the commission of a misdemeanor.



2 When perpetuated without design to effect death, and in the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon, unless committed under such circumstances as to constitute excusable or justifiable homicide.



3 When perpetuated unnecessarily either by resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.



716 Manslaughter in the second degree



Every killing of one human being by the act, procurement of culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree.


if that was a civilian and not a cop I am SURE they would find more charges than 2nd degree granted they will be spending a good time of their life in prison.. where is negligence and if they were in city limits what about shooting a firearm within city limits w/o justification?? I hope every charge possible is given to them. especially denying the whole thing happened at first.
 

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A civilian would be charged with discharging a firearm within the city, but that would be a city ordinance, not a state law, city ordinances can't be charged in District Court, just the city court, and a city court is not a court of record, so I doubt if it would rise to the level of first degree.



I don't know of a state law about discharging a firearm within a city limits, it's possible that there is one but I'm not familiar with it, and it will drive you to distraction trying to find things in the books on Title 21.
 

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Like it or not, police officers are supposed to be highly trained and should be held to a higher standard of responsibility when it comes to firearms. The whole incident is tragic, but no one's life was in danger and the cops should have used better judgment. I'm no lawyer, but this sounds like manslaughter to me.
 

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I hope he gets more than manslaughter. Where is this dept's animal control. I sure hope its not them.They remind me of something out of Reno 911,
 

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mad212 said:
im torn on this one too, one one side he did kill an innocent child senselessly. On the other hand, he was trying to do his job and protect and serve, and now has to spend his years in prison with cop haters.



sigh.. this is truly sad


If he killed my kid doing something that stupid he'd never have to worry about going to prison, cop or no cop.
 
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