Loxxon Husky - SDAC Appeal

[Loxxon Husky]

	Senate Disciplinary Appeal Committee Disciplinary Appeal
Case Number: [Office Use Only]   Florida Legislature Officer Presiding: [Office Use Only]	NAME Loxxon Husky and GOV. DEPARTMENT Florida State Police

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

Information 

Trooper's Name: Loxxon Husky

Organisation: FSP
Rank: Petty Officer
Department: USCG
Badge Number (If Applicable): 207

Punishment you were given: Appeal was reduced to 15 points for use of force violation because I used a SDAR while in water to take out a dangerous suspect who killed 3 officers.   
Grounds for Appeal (Why should it be overturned): My points should be lowered to 5 reason why I'm asking this because I followed Orders and no one should be getting punished just by following a high ranking officers orders. I need my points lowered  to 5 because I'm trying to get promoted to CPO in order to help my department with training new guys while also leading and punishing low ranking  members if misconduct was taken placed. I been a PO for about 170 days it just shows a record and ppl keep asaking me around why u not promoted yet dude that's a yikes 150+ days of being a PO/Senior  Troooper etc.

 

Overall grounds for appeal as follows;

1st I was told by my Department command that I can use it while in water.

2nd I couldn't do my job without that specific rifle under the circumstances given. [I get the whole pistols only thing BUT YOU ARE LITERALLY UNABLE TO DO YOUR JOB WITHOUT THE SDAR]  SDAR is our only water weapon we don't have anything els to counter suspects with pistols in water how els was I meant to deal with a armed and dangerous suspect who just killed 3 of our officers and not even swimming away or getting away.

3rd I did not use the weapon outside of those types of situations which are underwater based. [I did shoot 3 times but I was quickly correctly by my LT]

4th There should of been a clear announcement in CG that SDARs are not allowed to be used at any situations regardless when Server went live.

5th the SDAR should of been removed just like how class 3s and 2s are removed from PD shop since the start of 6.0

Lastly my Major's comment before it was edited said  I am not 100% sure but it went like this "I can't Believe I have to say this but you can not use SDAR against class 1s. Unless you require it while doing maritime actives" or it was this one "I can't Believe I have to say this but you can not use SDAR against class 1s.Only can be used in water if you need to have it" He than edited this to correct him self that we can not use it what so ever. [side note we all though in CG that Dlyans comment was mainly targeting where SDAR being used on land to kill class 1s and not in water this might be the reason why we all thought that we where okay to still use it in water and kill suspects who are dangerous to us or the public.

I would also like to point out USCG have a policy for SDAR use which allows us to KOS ppl if need be. In regards to the policy since the person killed 3 officers and already kept shooting officers from the water  sandbank to officers on main land. I went to get a close gap into him he was clearly using body of water as cover since he was close to the not so deep water I was worried he was going to come back up and kill me this is why I shot him underwater to neutralise the threat at hand.

Any evidence to support this: 

Spoke to my LT Ken and this is what he said to me 

Dylan's edited comment that was made today his original was made last night the day when the incident happened.

He corrected him self after the fact when Alexis made the announcement today.

Ken telling me off and giving me order to use it in water. 

in the water while all officers shooting the suspect while I try to get close to get him 

 

3 officers who got killed by that one suspect https://gyazo.com/b57bd26580abeff4708b9d118f0069c2

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)?: No but I know the case.

Do you request the Florida 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 Husky
After reviewing your appeal, I have decided to deny your appeal. 

As seen in your appeal you where indeed given permission to use the SDAR, however you shouldn't have used nor asked for permission as its a class 3. Yes there is some issue with the announcement, hence why you where given leniency by Devin after the fact. 

Also to mention, standing toe deep in the water to be classed as "in the water" is silly. For future mention, the suspect must actually be swimming in the water as well as you to use the SDAR. The suspect could've been taken out with a pistol or attempts made to detain before using a SDAR at long range.