Anthony Diotaiuto Update
Long time readers may recall the case of Anthony Diotaiuto. The police raided his home looking for drugs, based on loose facts that he was a drug dealer. It was a no knock raid and the police went in with full ninja gear because Diotaiuto was supposed to be dangerous because he had a handgun carry permit. Diotaiuto took between ten and 15 rounds of 9mm in the chest for less than an ounce of pot.
Looks like his family sued and lost.
September 15th, 2010 at 8:52 am
Loos more like they sued and lost both the case and the appeal. Read:
Here, Diotaiuto committed a forcible felony—aggravated assault—by rasing the firearm and threatening the police officers with it. Whittier claims that Diotaiuto’s actions were at least arguably not felonious because he may have been able to show at trial, had he survived, that he was merely acting out of self-defense. This argument relies on the premise that Diotaiuto mistook the police officers for intruders and, as such, was merely protecting himself in his home. This contention is unpersuasive.
September 15th, 2010 at 9:22 am
dammit, i cannot type this early.
September 15th, 2010 at 9:25 am
can you say…..EXCESSIVE USE OF FORCE? This is why TN has rules about annonymous tips and such in regards to PC! If they had done a proper INVESTIGATION before this incident, they would have found that they could have, like in most situations, just walked up there with paper in hand and get this tactic”knock on the front door” WOW waht a revolation in a civilized society. One would think that the fact that the man had NO CRIMINAL RECORD( err go he would nat have a handgun permit) that he was probly not too dangerous. Just shows how crazy, militant and out of touch our local govs are getting, just like the feds.
September 15th, 2010 at 12:19 pm
I love how you apparently have no reasonable claim of self-defense if the people storming your home are wearing things that say “POLICE” on them.
I have a stack of articles collected over the last five years describing cases of criminals wearing shirts that say “POLICE” or “FBI” to get residents to submit during home invasions. So now, if someone enters my home yelling “POLICE!”, I have to make a decision. If I do nothing, and they’re criminals, I’m dead. But if they’re cops, and I resist, I’m dead. At that point, I have to fall back to the fact that I don’t break the law (at least not knowingly, since “We’re all Felons” somehow or another), so it’s more likely that they’re criminals.
If I’m wrong, and somehow live, I’ll just drop that pile of articles on the desk in front of my lawyer to establish state-of-mind.
September 15th, 2010 at 12:21 pm
http://www.cafepress.com/+police_department_tshirt,385773606
See, not that hard to pick up something that says “POLICE” on it.
September 15th, 2010 at 12:23 pm
Funny how, when I head to “Nov 2006” at Radley’s blog to look at an article about the Kathryn Johnston incident in Atlanta, the first article I see is this.
http://www.theagitator.com/2006/11/30/more-posing-as-police-problems/
“Police were seeking four gunmen posing as police officers who forced their way into a house in the 600 block of Mosher St. about 2:30 a.m. yesterday and shot a man, 26, in the back and right arm as he jumped from a second-floor bedroom window.”
September 15th, 2010 at 2:44 pm
If it were my family, i’d hunt the fuckers down.
September 15th, 2010 at 5:59 pm
We’re all SO much safer now.
September 19th, 2010 at 4:21 am
“If it were my family, i’d hunt the fuckers down”
I think it was a commenter here who said:
“When we say “Damn the laws, I’m doing whats right!” I pity those on the reciving end”
This rings oh so true. If America ever comes to that point, the Police will be afraid to admit their career.