MN - Philando Castile, 32, fatally shot by police officer, 6 July 2016 #2

[K_Z]

How Philando Castile told officer about gun was critical in his final moments

The final moments before Philando Castile was killed by a police officer during a traffic stop in Falcon Heights revolved around a gun he was licensed to carry, trained to use safely and instructed to tell authorities about when stopped.

Philando Castile, 32, died after being shot by police during a traffic stop in Falcon Heights Wednesday evening, July 6, 2016.

But just how he informed the officer — and whether the officer followed his own training — gets to the heart of the investigation into Castile’s death last week.

Castile’s girlfriend, Diamond Reynolds, who was a passenger in the car along with her 4-year-old daughter, stressed in her video that Castile complied with Yanez’s requests before the encounter turned fatal. But when talking to reporters the day after his death, she shed light on possible confusion stemming from Castile’s final words to the officer.

“As he’s reaching for his back pocket wallet, he lets the officer know: ‘Officer, I have a firearm on me,” she said. “I begin to yell, ‘But he’s licensed to carry.’ After that, (the officer) began to take off shots.”

http://www.twincities.com/2016/07/1...lcon-heights-police-about-gun-shooting-death/

This is the crux of the situation. His actions, and hers. Fractions of seconds. And PC kept on digging in his pockets. He did not obey the officer's commands to show his hands and stop reaching. He did not cooperate. He kept on doing what HE wanted to do. And he was not in charge of that encounter, and it ended badly. His own behavior (while stoned!) caused the situation to go where it did, IMO.

And yes, OGY most certainly suspected he was high. OGY smelled the pot the moment he pulled them over, by his own statements. PC caused this situation to spiral out of control, IMO, not OGY. He merely reacted to an imminent threat. I realize others here don't agree with me. That's ok.

We are each allowed to interpret as we see fit, and it's unreasonable to think that everyone holds the same interpretation of these events (though it may be tempting). There are at least 2 sides to every case. If we didn't at least pretend that there are 2 sides to every case, then there would just be mob rule, and we'd have no need for kangaroo courts. OGY deserves his day in court, even if I think he should never have been charged at all, or that he is far overcharged.

These are difficult cases for many people to discuss, because they want the dead person to be a "pure" victim, and not held responsible in any way for the totality of the situation, and the actions of the "victim". But that's a very simplistic view of cherry picked issues steeped in denial, and not the truth and reality of many of these officer-involved shootings. It's tough, I get it. The victims are often responsible for their part in how the whole thing unfolds, and in this case, I think that's true. I personally think the GF bears responsibility, too, but I won't go there any further now.

 

[jkly]

These are difficult cases for many people to discuss, because they want the dead person to be a "pure" victim, and not held responsible in any way for the totality of the situation, and the actions of the "victim". But that's a very simplistic view of cherry picked issues steeped in denial, and not the truth and reality of many of these officer-involved shootings. It's tough, I get it. The victims are often responsible for their part in how the whole thing unfolds, and in this case, I think that's true. I personally think the GF bears responsibility, too, but I won't go there any further now.

A simplistic view of cherry picked issues steeped in denial? You do realize that you are the one absolving the person who pulled the trigger of all blame?

 

[drjones]

i dont have any agenda, i fall on different sides of cases involving police shootings all the time, its not political for me or race driven. it is solely based on the facts.

i asked several times for proof that Castile did not cooperate.

based on the official report and transcript of this incident Castile was never told to "show his hands", or "dont move".

it has been posted many times now;

9:05:52 – 9:05:55 — Castile calmly informed Yanez: “Sir, I have to tell you that I do have a firearm on me.” Before Castile completed the sentence Yanez interrupted and calmly replied “OK” and placed his right hand on the holster of his own holstered gun.
9:05:55 – 9:06:02 — Yanez, said “Okay, don’t reach for it, then.” Castile responded: I’m … I’m … [inaudible] reaching …,” before being again interrupted by Yanez, who said “Don’t pull it out.” Castile responded, “I’m not pulling it out,” and Reynolds also said “He’s not pulling it out.” Yanez screamed “Don’t pull it out!” and quickly pulled his own gun with his right hand while he reached inside the driver’s side window with his left hand. Yanez removed his left arm from the car, and then fired seven shots in the direction of Castile in rapid succession. The seventh shot was fired at 9:06:02 p.m. During the incident, Kauser did not touch or remove his gun.

 

[drjones]

https://www.ramseycounty.us/sites/default/files/County Attorney/Yanez Jeronimo 11 16 16.pdf

 

[Jax49]

https://www.ramseycounty.us/sites/default/files/County Attorney/Yanez Jeronimo 11 16 16.pdf

Thank you!

I notice this clears up the confusion on when the robbery took place--days earlier not the day PC was killed.

 

[yllek]

Thank you!

I notice this clears up the confusion on when the robbery took place--days earlier not the day PC was killed.

It also clearly shows that Officer Yanez never instructed Philando to "show his hands", as post #301 asserts.

The encounter lasted less than a minute. Philando was asked to show his license and insurance. He produced his insurance and informed the officer that he had a permitted firearm (which some CC courses advise).

Yanez then told Philando to stop reaching for it (the gun), and Philando assured him that he was not reaching for it. That's when Yanez freaked the eff out. He told Philando not to pull it out, to which Philando and Diamond responded that he wasn't pulling it out.

Did Yanez then say, "sir, put your hands up?" NO, he did not. But, I sure wish he had.

Did Yanez then say, "sir, put both hands on the steering wheel and then exit the vehicle?" NO, he did not. But, I sure wish he had.

Instead, without warning his backup Kauser, who was on the passenger side of the vehicle, Yanez shot 7 bullets into Philando Castile and into a car occupied with a woman and child, killing Philando and endangering the safety of Diamond Reynolds and her 4-year old.

The firearm was found deep inside Philando's shorts pocket after he was shot and removed from the car.

Thus.............. Yanez is charged with 'Manslaughter 2nd Degree - Culpable Negligence Creating Unreasonable Risk', and two counts of of 'Intentional Discharge of Firearm that Endangers Safety'. Appropriately so, in my opinion.

 

[human]

It also clearly shows that Officer Yanez never instructed Philando to "show his hands", as post #301 asserts.

The encounter lasted less than a minute. Philando was asked to show his license and insurance. He produced his insurance and informed the officer that he had a permitted firearm (which some CC courses advise).

Yanez then told Philando to stop reaching for it (the gun), and Philando assured him that he was not reaching for it. That's when Yanez freaked the eff out. He told Philando not to pull it out, to which Philando and Diamond responded that he wasn't pulling it out.

Did Yanez then say, "sir, put your hands up?" NO, he did not. But, I sure wish he had.

Did Yanez then say, "sir, put both hands on the steering wheel and then exit the vehicle?" NO, he did not. But, I sure wish he had.

Instead, without warning his backup Kauser, who was on the passenger side of the vehicle, Yanez shot 7 bullets into Philando Castile and into a car occupied with a woman and child, killing Philando and endangering the safety of Diamond Reynolds and her 4-year old.

The firearm was found deep inside Philando's shorts pocket after he was shot and removed from the car.

Thus.............. Yanez is charged with 'Manslaughter 2nd Degree - Culpable Negligence Creating Unreasonable Risk', and two counts of of 'Intentional Discharge of Firearm that Endangers Safety'. Appropriately so, in my opinion.

Excellent observations. Yes, why did the trained officer not tell Castile to do those things?

 

[yllek]

Excellent observations. Yes, why did the trained officer not tell Castile to do those things?

Maybe because the 'Bulletproof Warrior' private courses he attended advises cops not to hesitate if they feel threatened? http://www.startribune.com/officer-in-castile-case-attended-bulletproof-warrior-training/386717431/

Maybe because Yanez had it in his mind that Castile was an armed robbery suspect and adrenaline replaced rationality?

Maybe a combination of both those factors and/or something else. I don't know.

But, Philando Castile is not to blame for what was in Yanez's head and for Yanez not following procedure, THAT I know.

 

[yllek]

Hearing Today:

Snip:
The short hearing included little more than Ramsey County Judge Leonardo Castro’s declaration that the matter next will be assigned to a judge to preside over the case.

No plea was entered. The only words Yanez said were, “good afternoon your honor.”

His attorneys, Earl Gray, Thomas Kelly and Paul Engh, said previously that Yanez will enter a not guilty plea at a later date.

Castile’s mother, Valerie Castile, was at the hearing, along with other family and friends of Castile’s.

Yanez, 28, faces manslaughter charges following the fatal shooting of the 32-year-old black man during a traffic stop in Falcon Heights July 6. He also was charged with two felony counts of dangerous discharge of a firearm.

Yanez is the first Minnesota officer in modern memory to be charged in such an incident.

In announcing his charging decision in November, Ramsey County Attorney John Choi said its review of the evidence indicated Castile “never removed nor tried to remove his handgun from his right pocket, which was a foot deep,” before Yanez shot him.

In fact, during his short interaction with the officer, Castile reportedly told Yanez he “wasn’t pulling it out,” Choi said.His final words before Yanez fired were allegedly, “I wasn’t reaching for it.”

“I would submit that no reasonable officer knowing, seeing or hearing what officer Yanez did would have used deadly force,” Choi said during the November press conference.

Yanez’s attorneys have said previously that Yanez’s reaction was in response to the “presence” of a gun in the car and that he was in fear for his life and the life of his fellow officer at the scene when he decided to shoot.

Last week Yanez’s attorneys filed a motion to dismiss the case, claiming that Castile was high on marijuana during the stop and thereby was negligent in his own death.

Prosecutors have not filed a response to the motion.

After the hearing Monday, a member of the defense team said they planned to file “several” more motions.
http://www.twincities.com/2016/12/1...police-shooting-death-geronimo-yanez-no-plea/

 

[yllek]

Judge Removed by Defense

Why?

Snip:
Attorneys for the Minnesota police officer who faces a manslaughter charge in the fatal shooting of Philando Castile are removing the judge who was assigned to the case.


Judge Edward Wilson

Lawyers for St Anthony police officer Jeronimo Yanez filed a notice on Thursday to remove Ramsey County district court judge Edward Wilson.

Under rules of criminal procedure in Minnesota, defense attorneys and prosecutors can each strike one assigned judge from a case without giving a reason. The requests are automatically granted.

Judge Wilson, who is black, was initially assigned to the case because of his experience – he has been on the bench since 1987 and is the second-most senior judge in the district.

Defense attorney Earl Gray said attorneys filed the notice to remove Wilson based on research. He did not elaborate further.

“We felt that we had to remove him,” said Gray, who has previously tried a case before Wilson. “Simple as that.”

Ramsey County chief judge John Guthmann said on Monday that he assigned Wilson to the case because of the judge’s availability and experience. He said Wilson’s race did not play a role.

Gray said he expected Guthmann to assign a new judge within a week. Then, he said, the defense team can begin laying out its strategy.

“Obviously this is a case that is going to have a lot of motions filed,” he said, “and this is obviously a case that is going to go to trial, so we will find out from the judge we get what his schedule will be and then go from there.”

https://www.theguardian.com/us-news...ilando-castile-case-removed-defense-attorneys
https://www.rawstory.com/2016/12/bl...stile-shooting-trial-with-little-explanation/

 

[Tawny]

They should have to provide a reason.

 

[human]

Maybe because the 'Bulletproof Warrior' private courses he attended advises cops not to hesitate if they feel threatened? http://www.startribune.com/officer-in-castile-case-attended-bulletproof-warrior-training/386717431/

Maybe because Yanez had it in his mind that Castile was an armed robbery suspect and adrenaline replaced rationality?

Maybe a combination of both those factors and/or something else. I don't know.

But, Philando Castile is not to blame for what was in Yanez's head and for Yanez not following procedure, THAT I know.

A trained officer cannot handle protocol but citizens are supposed to know exactly what to do or they will be blown away. Ok

 

[jkly]

Judge Removed by Defense

Ramsey County chief judge John Guthmann said on Monday that he assigned Wilson to the case because of the judge’s availability and experience. He said Wilson’s race did not play a role.

case-removed-defense-attorneys
https://www.rawstory.com/2016/12/bl...stile-shooting-trial-with-little-explanation/

IMO, the defense disagreed.

 

[al66pine]

They should have to provide a reason.

Why should Yanez or his atty provide a reason to request striking a judge assigned to this criminal case?
Just curious about this ^ line of thought.



"Under rules of criminal procedure in Minnesota, defense attorneys and prosecutors can each strike one assigned judge from a case without giving a reason. The requests are automatically granted."
^ https://www.theguardian.com/us-news...ilando-castile-case-removed-defense-attorneys Dec 23

 

[yllek]

IMO, the defense disagreed.

Yeah, but, but......this inquiring (nosy) mind wants to know why.

Seriously, I don't begrudge either side if they exercise their right to strike a judge without cause or explanation, though I'm curious.

Judge Wilson has so much experience and seems to have a good reputation + Atty Gray has first-hand courtroom experience with him.

So, Gray must feel very strongly that Wilson is not a good fit for his client's interests to take the risk of striking him in favor of an unknown entity.

Anyway, I just want to see an efficient and fair trial for both sides -- hopefully the judge who ends up presiding over the trial will have a strong command of the courtroom.

 

[Tawny]

Why should Yanez or his atty provide a reason to request striking a judge assigned to this criminal case?
Just curious about this ^ line of thought.



"Under rules of criminal procedure in Minnesota, defense attorneys and prosecutors can each strike one assigned judge from a case without giving a reason. The requests are automatically granted."
^ https://www.theguardian.com/us-news...ilando-castile-case-removed-defense-attorneys Dec 23

In any case ever, a justification should have to be given. The biggest reason being so that they do not give the impression of prejudice.

It's an opinion I hold, take it or leave it.

Sent from my SAMSUNG-SM-G935A using Tapatalk

 

[al66pine]

In any case ever, a justification should have to be given. The biggest reason being so that they do not give the impression of prejudice.
It's an opinion I hold, take it or leave it.
Sent from my SAMSUNG-SM-G935A using Tapatalk

Okay, I see what you mean,no "free" strike for anyone. Makes sense, understood. Thx for reponse..

 

[jkly]

In any case ever, a justification should have to be given. The biggest reason being so that they do not give the impression of prejudice.

It's an opinion I hold, take it or leave it.

Sent from my SAMSUNG-SM-G935A using Tapatalk

Does the prosecution ever pull this kind of judge shopping? If they did, I'm sure the defense would be screeching "That's not fair!"

 

[yllek]

New Judge Assigned

^ Judge William Leary was appointed to the court by Gov. Jesse Ventura in 2002 and recently won re-election. http://minnesota.cbslocal.com/2017/01/04/philando-castile-judge-yanez/

I hope Judge Leary is impartial and has a strong command of the courtroom.

 

[Tawny]

Does the prosecution ever pull this kind of judge shopping? If they did, I'm sure the defense would be screeching "That's not fair!"

I'm sure they do and they should also be required to give legitimate reasoning. JMO.