Oklahoma City police sergeant arrested for second-degree murder

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Dave70968

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http://kfor.com/2017/12/05/oklahoma-city-police-sergeant-arrested-for-second-degree-murder/

OKLAHOMA CITY - Sergeant Keith Sweeney was booked into the Oklahoma County Jail on Tuesday morning on a charge of second-degree murder.

The Oklahoma County district attorney filed the charge Tuesday morning after reviewing the investigation and body camera footage of the shooting from November 15.

Sweeney and two other Oklahoma City police officers went to Dustin Pigeon’s house at 1416 S.W. 20th Street after Pigeon called 911 saying he was going to kill himself.

On the body camera, you can hear the other two officers, who arrived first, talking.

"He's got lighter fluid in his hand. Put it down!" you can hear them say.

Oklahoma County DA David Prater said the two officers acted by the textbook, trying to deescalate the situation.

Then, Sweeney arrived at the scene.

You can hear him yelling at Pigeon to drop whatever is in his hands.

“Put it down! Drop it! Drop it right now! I will **** shoot you! Get on the ground!” you can hear Sweeney saying just before he shoots his gun, striking Pigeon five times.

One of the other officers on scene had just shot Pigeon with a bean bag.

Investigators determined Pigeon had a lighter in one hand and lighter fluid in his other.

"Why... why did you hurt my brother when my brother called you for help? He was calling out for help," said Pigeon’s sister, Tesina Halbert.

Halbert said her brother had struggled with depression and anxiety and police had dealt with him before in a mental health capacity.

"If you knew you were already going to the scene to help someone you've transported previously, why it was handled in this manner?" Halbert said.

"When asked why he fired his weapon, he said 'He had a knife in his hand' and 'I felt like my life was in danger,'" Prater said.

Prater said the body camera footage helped make his decision to file the second-degree murder charge.

"You see officers doing exactly the right thing almost every single time. This is one of those situations, though, where we've alleged that an officer crossed the line and in fact broke the law," he said.

"I am again relieved that there's going to be justice for my brother," Halbert said.

Halbert knows it’s too late for her brother, but she hopes this case will improve the way officers deal with people struggling with mental illness.

"I want some changes out of this so that no other family has to go through what we're going through," Halbert said.

Sweeney is being held in the Oklahoma County Jail without bond.

He is a nine-year veteran of the Oklahoma City Police Department who was involved in another fatal officer-involved shooting back in 2015.

The Fraternal Order of Police released this statement about the situation:

“Police officers are routinely placed in dangerous situations where they must quickly make life-or-death decisions. We caution citizens against jumping to conclusions until the facts are fully presented.

At this time, the FOP is not privy to the findings of the criminal investigation, and the video released today is only one piece of the puzzle. We hope to have more information about the particulars of this tragic situation soon.

The FOP will always support members who act in good faith under the policies of the Oklahoma City Police Department and the law.

We know these are trying times for Sgt. Sweeney and his family, and we’re here for them. We also offer our sympathy to Mr. Pigeon’s family and loved ones.”
 

Foghorn

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Sounds like case for a "sympathetic fire" defence. From the info provided they probably won't get 2nd degree murder on this one and the way the DA filed it I don't think the jury can go with negligent homicide which it seems he would have a better chance to win?
Kind of confused on this one...

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Dave70968

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over reactive ....Murder 1 .
I don't see murder 1.

21 O.S. 701.7:
A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.

B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.
...
C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.

D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.

E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties.



I don't see malice aforethought, so A) and D) are out. Nothing indicates the officer was committing one of the listed felonies, so B) is out. The victim wasn't a child, so C) is out. The victim wasn't a LEO, etc., so E) is out. There's nothing left in the statute to cover this, so it can't be murder 1.


21 O.S. 701.8 (murder 2):
Homicide is murder in the second degree in the following cases:


1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or

2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act.



2) is out because the officer still wasn't committing a felony. 1) is possible; pointing a gun is clearly imminently dangerous. The question is over the "depraved mind." A prior shooting--especially if it was under questionable circumstances--combined with the fact that he seems to have been awfully quick on the trigger after arriving, without apparently understanding that other officers had the situation under some degree of control, might get there.

Manslaughter, however, should be a slam-dunk.
 

DanB

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From what I was told a couple weeks back. Everything that had been put together on that case didn't look good. I'm not surprised to see charges filed.
 
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From what I was told a couple weeks back. Everything that had been put together on that case didn't look good. I'm not surprised to see charges filed.
Kinda seems like the other two officers already on scene had things in hand and they this guys shows up and goes ballistic, from what I have read anyway
 

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