Cop kills woman during role playing demonstration.

[theprestige]

Hope the guy gets prison .. how is this penalized in US anyway ?

It varies by jurisdiction. The local state's laws will apply. After that, it depends what charges, if any, the prosecutor decides to bring. If charges are brought it will probably be something like involuntary manslaughter or negligent homicide. Sentencing varies by jurisdiction, but is usually a prison term that may be mitigated by good behavior and other factors.

There may also be administrative penalties such as suspension or dismissal. This may be at the discretion of the police department or mandated by state or local regulation.

There may also be civil penalties, if the victim's family go to court. These are typically in the form of monetary penalties, and may consist of both compensatory payments and punitive payments. These can run to hundreds of thousands or even millions of dollars. The police department may also be sued for civil liability.

"In the US" is often far too broad a category, due to the distributed nature of governance and the amount of regional differences.

ETA: How is it penalized where you live?

 

[foophil]

Hope the guy gets prison .. how is this penalized in US anyway ?

It would probably fall under some form of criminally negligent manslaughter. Here is the Florida statute it would probably fall under (second degree felony):

782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/0782.html

 

[casebro]

"Gee, I took the magazine out." ?

 

[BStrong]

Boy, I bet he's embarrassed! His friends are probably ribbing him pretty good this morning.

If it was stupidity not involving injury, you'd be correct.

The guy's finished, as he should be.

The only thing left to be determined will be criminal charges and what the municipality pays out for his negligence.

 

[Tero]

Actors. There's more where she came from. He on the other hand: idiot. take the gun away. Forever.

 

[Giz]

“Here’s a lethal force simulation, to assuage your fears of police shootings”

“boom”

 

[Dr.Sid]

ETA: How is it penalized where you live?

Which is Czech Republic. I think generally the same. Question here is about the term 'negligence'. In this case I think it's very severe negligence. One of those 'you had one job'. I think in this case it would be jailtime around here, like 1 year, maybe two, but mind I'm no lawyer.
Cases like this are often result of car 'accident'. And it all depends about how much it was accident, and how much it was negligence. Because with both cars and guns, you must not be negligent.
In this case, any roleplay with real guns is criminal negligence even when nobody got hurt. That alone should lead to cop being fired (and loss of gun license if it happened here).

 

[Bob001]

In every training scenario we do locally, everyone strips all actual weapons prior to the exercise. Everything... No gun, no pepper spray, no batons, not even a pocket knife.
We then use "Red guns" or "Red knives".... Brightly-colored plastic replicas.

If it's a live-fire tactical exercise, we again secure all real weapons and issue everyone airsoft weapons and protective gear.

That's the ONLY way to run such scenarios.... No live weapons should be on the premises.

This might be the place to note that policing in the U.S. is tremendously decentralized. There are something like 14,000 independent police departments here, ranging from the giant NYPD and LAPD to small-town shops with one paid "chief" and a couple volunteers. Hiring standards, training, supervision, resources etc. vary enormously. This Punta Gorda department has 16 uniformed cops, and it sounds like they were trying to do something that they weren't equipped to do. Some of the most outrageous recent examples of police misconduct involve small departments.
http://www.ci.punta-gorda.fl.us/government/police

In most countries the local police are units of a national or larger regional force. The U.S. would never accept national police, but there is a strong argument to be made that all police should be directly supervised by state governments, and that these tiny departments should be merged into county or regional forces.

 

[foophil]

Which is Czech Republic. I think generally the same. Question here is about the term 'negligence'. In this case I think it's very severe negligence. One of those 'you had one job'. I think in this case it would be jailtime around here, like 1 year, maybe two, but mind I'm no lawyer.
Cases like this are often result of car 'accident'. And it all depends about how much it was accident, and how much it was negligence. Because with both cars and guns, you must not be negligent.
In this case, any roleplay with real guns is criminal negligence even when nobody got hurt. That alone should lead to cop being fired (and loss of gun license if it happened here).

In the state of Florida (where this occurred and where I live) we have jails and we have prisons. A felony comes with a minimum of 1 year and a day in prison. Jail is different here. We have jails which are typically for lower level offenses, and most cities (and certainly all counties) have their own jails whereas prisons are farther apart (and typically run by the state with some federal ones here and there). The jails are where the non-felony criminals are held until released, while those convicted of felonies are in jail usually short-term before being sent off to a prison. Jails also house those charged with felonies until conviction (or being released).

 

[ponderingturtle]

If it was stupidity not involving injury, you'd be correct.

The guy's finished, as he should be.

All depends on who the prosecutor for that area is, unless he was drunk you can get away with any kind of unintentional shooting with some Florida prosecutors. If there is nothing illegal with killing a pregnant woman while demonstrating your gun-slinging prowess why would there be here? And we will see what the union says about him killing people, they have things like Hector Jimenez who was reinstated as a Oakland city cop after killing two people in separate incidents one of which lead to a $650,000 settlement for wrongful death.

So your certainty that he will face any punishment at all seems a bit too optimistic.

 

[ddt]

That demonstration to regain/hold the community's trust in the police certainly backfired!

In most countries the local police are units of a national or larger regional force. The U.S. would never accept national police, but there is a strong argument to be made that all police should be directly supervised by state governments, and that these tiny departments should be merged into county or regional forces.

I would not just say a "strong argument" but a compelling one. The idea that every small town has their own "police department" consisting of a sheriff and their dog is outright ludicrous.

So your certainty that he will face any punishment at all seems a bit too optimistic.

At least the local PD will be taken financially to the cleaners by the next of kin in a wrongful death suit.

 

[Cain]

I can't think of a more effective lesson. Reminds me...

 

[Reactor drone]

It wasn't a soft fruit self defence class was it?

 

[steve s]

Was she shot by the supposed mass shooter or was it collateral damage of the police responding to it?

I misunderstood what happened. She was shot by the cop playing the bad guy. I initially thought she was hit by one of the cops who was responding to the fake incident.

Steve S

 

[Reactor drone]

You'd think that miming a gun a shouting bang would be sufficient for these kinds of demonstrations. I assume since she was playing the part of the police officer that she also had a real or training gun for the demonstration.

 

[shemp]

It wasn't a soft fruit self defence class was it?

It was, and her pointy stick was no match for his box of blueberries.

 

[theprestige]

Which is Czech Republic. I think generally the same. Question here is about the term 'negligence'. In this case I think it's very severe negligence. One of those 'you had one job'. I think in this case it would be jailtime around here, like 1 year, maybe two, but mind I'm no lawyer.
Cases like this are often result of car 'accident'. And it all depends about how much it was accident, and how much it was negligence. Because with both cars and guns, you must not be negligent.
In this case, any roleplay with real guns is criminal negligence even when nobody got hurt. That alone should lead to cop being fired (and loss of gun license if it happened here).

Does the prosecutor have any discretion, or must they bring charges and pursue a conviction?

If the role play was sanctioned by the department, would the cop still be fired? Or would guilt rest on his superiors?

Would the firing be required by law or regulation? Or would it be at the discretion of the department head or some other overseeing entity?

Would the cop be entitled to an investigation into the matter, and a hearing on his behalf, before the firing?

 

[Ladewig]

This might be the place to note that policing in the U.S. is tremendously decentralized. There are something like 14,000 independent police departments here, ranging from the giant NYPD and LAPD to small-town shops with one paid "chief" and a couple volunteers. Hiring standards, training, supervision, resources etc. vary enormously. This Punta Gorda department has 16 uniformed cops, and it sounds like they were trying to do something that they weren't equipped to do. .

Weren't equipped to do?!

How much equipping is necessary to unload a firearm before role playing?

 

[Noztradamus]

Weren't equipped to do?!

How much equipping is necessary to unload a firearm before role playing?

Mentally equipped. They actually had a role play gun, which ideally shouldn't have had any live rounds available anywhere in the building. The Chief says they had "protocols", but protocols have to be used to work against stupidity and carelessness.

 

[theprestige]

Weren't equipped to do?!

How much equipping is necessary to unload a firearm before role playing?

Best practice is to never assume a firearm is unloaded. Proper equipment would be dummy weapons or similar, in place of "unloaded" firearms.