Loxxon Shepherd - SDAC AST Dispute

[Loxxon Husky]

	Senate Disciplinary Appeal Committee Disciplinary Appeal
Case Number: [Office Use Only]   Kings Peaks Legislature Officer Presiding: [Office Use Only]	NAME Loxxon Shepherd and GOV. DEPARTMENT (e.g. Alaska State Troopers ) RESPONDENT

**DISCLAIMER: IF POSSIBLE, YOU MUST FIRST APPEAL INTERNALLY WITHIN YOUR DEPARTMENT
YOU MUST BE LISTED AS ACTIVE ON THE ALASKA STATE TROOPER  ROSTER PRIOR TO DISCIPLINE (10 Hours a Week) TO PLACE A SENATE APPEAL**

Information 

Trooper's Name: Loxxon Shepherd

Organisation: AST
Rank: Senior Trooper
Department: Patrol
Badge Number (If Applicable): 205

 
Punishment you were given:  x1 10 Points Excessive Force Class E + Firearms Removal
Grounds for Appeal (Why should it be overturned):

I do respect Colonel's word of advise while me and him had a few chats regarding it, since he has no control over how the system is in place I wanted to appeal it because it just makes no sense and I find that the punishment it self is just not needed or needs to be reworked.

I do understand that Code red can only be approved by a SGT+ on seen. But when you look at it the man was armed and dangerous to law enforcement and general public of kings peaks.

I did what was right many other officers would of done the same in other States around USA or around the world.

I told the man not to drive away or you will be shot. In return he fails to listen and try's to drive away where it looked like he was about to hit me with his car In return I retaliated and opened fire at armed suspect. 

This gave me right because of the case law  Tennessee v Garner That deadly force may be used to prevent the escape of a fleeing felon only if the officer has probable cause to believe that the suspect poses a serious risk to the officer or to others.

At the end of the day Yes this is a video game and you can't always make it "Real Life" How ever it just ruins the immersion and the roleplay of being a Police Officer.

Cause I am telling you right that an officer would of shot that man fleeing You don't know He can point that gun inside the car and shoot at us "yes he can't do it cause the game won't let him but you still need to put in the immersion"

 

A real Life officer would of shot the man fleeing clearly the man was armed I told him Do not drive away in which he still does and not value his life and there for I took the shot cause Tennessee v. Garner is in effect.

I'm sorry but I'm here to roleplay as an officer why in gods name do I have to wait for the suspect to shoot 1st in order for my life to be in a risk. Why should I take a bullet 1st or My co-workers ? it just makes no sense we are there to help and protect everyone around us.

When you look at we indeed do enforce the case laws how ever it just seems that every time  Tennessee v Garner makes officers in ANZUS get in trouble for global sop violation. 

I find it very bad roleplay of being a cop, It just makes no sense cause a car can be used as a weapon to do harm or maybe get someone killed. What the SGT just told me is that "its an SOP you still need a SGT approval no matter if he ran you over or another officer over" How is that valuing my life and my co-workers life ? 

What the SGT is trying to say is Like "If the car is to ran over you or other officers You still can not take the shot without the SGT+ Approval" I find that very wrong because you are not valuing your life or your co-workers life there for you causing harm and they may die on the seen, I see that an major issue and very unrealism and it just ruins the immersion and the roleplay.

I'm sorry but things have to be changed in this Police Department, I'm here to roleplay as a police officer and enjoy my time here. I feel that this punishment is unjustified as I did nothing wrong just because the car was not code red and it needed approval of a SGT is just out of this world.

Any evidence to support this:

https://streamable.com/nx0s92  << Suspects gopro in which the guy is still on the run.

 

Have you requested reasons for your discipline (if yes, please paste them as a reply to this appeal): Yes

Do you know the case against you (have you seen the evidence)?: Yes

Do you request the Kings Peaks Senate Disciplinary Appeal Committee obtain all evidence help by the government in relation to your case?: Yes

Please link your original appeal which must have been denied here:  

 

[Paul Phantom]

@Loxxon Shepherd
After reviewing your appeal,

I have decided to deny your appeal. 
Below I have listed the following reasons for denial. 

- Although the man had his pistol in his hands while leaving the jewelry store, he had not attempts to harm any member of the AST at this point. 
- When jumping into his vehicle and attempting to leave, you stepped out into the road blocking his ability to leave.
- The clause of shooting people who cause bodily harm in a vehicle can only be used in very specific situations, however you had fired upon the civilian in the Red Honda Civic way after he was causing any harm towards yourself. He was halfway down the street when members of the AST had opened fire on the suspect which in my opinion isn't justified lethal force. 
- If possible, you should have attempted to give pursuit to the vehicle in a patrol car instead of discharging your firearm into the vehicle, which could have caused harm to the occupants. 
- Please consider this punishment light as 10 demerits and removal of firearms training is quite a light punishment in my opinion as there was no justified use of lethal force.