Bad News for the Eugene Veteran who called 911, and was then shot by Police last Sept

[U8395279]

Well, I have rather bad news about how things have progressed in the case of Edgar Rodriguez, the Army Veteran in Eugene who called 911 to report domestic violence taking place between a couple, but who was then shot 6 times by responding Eugene Police with 45 caliber handguns when they showed up and saw that he had a large handgun in his hands.

The Lane County District Attorney's office cleared the two officers who shot Rodriquez shortly after the shooting took place. One officer emptied all 8 shots from his SIG P220, and the other officer fired 3 times. 6 of the bullets hit Rodriquez, who underwent surgery at Riverbend Medical Center.

The Lane County DA got a grand jury to now indict Rodriquez and charge him with a felony, alleging that he was attempting to shoot one of the officers with the Desert Eagle pistol that he had in his hands. This indictment follows just ONE DAY after an attorney for Rodriquez filed a Tort claim in court, announcing his intention to sue both the city and county governments over his shooting.

What do you think of this new development?

Here is a link to a news story about this:

Eugene man shot by police in September now faces charge of unlawful use of firearm against officer
.

Read More

 

[The Heretic]

Assuming he is innocent, this is how it often goes. Either the LEOs and/or the DA's office close ranks and go on the offensive - and this usually works in their favor too, because courts and juries tend to believe a LEO.

This is why we as gun owners have to be very very careful.

 

[Who The F R U]

This is how it always goes.
Had a cop pull a gun on me. When I filed a complaint with the chief, he called the FBI and said I threatened his officer over the phone.

Cost alot of money and headache but i'm still not a felon
( yes I was charged with a Felony that I beat )
and the azzhat officer got early retirement with full benefits.

2 years later the city disbanded Clatskanie pd in favor of having the sheriff do patrols .
And Chief Hoover finally got his Badge pulled over some other BS he was up to.

 

[v0lcom13sn0w]

i didnt witness anything but, judging by what i read it sounds like a bunch of crap

 

[U8395279]

i didnt witness anything but, judging by what i read it sounds like a bunch of crap

There was a long discussion about this incident here in this forum back in September when it happened. Edgar Rodriquez himself participated in it.

See:

Eugene Police Shoot Armed Man allegedly trying to prevent a woman from being abused

.

 

[v0lcom13sn0w]

There was a long discussion about this incident here in this forum back in September when it happened. Edgar Rodriquez himself participated in it.

See:

Eugene Police Shoot Armed Man allegedly trying to prevent a woman from being abused

.

Ah, yes i remember reading about this... it sounds like a bad shooting and that the police should be held accountable for it.

why was his gun out when police arrived?

i read about him not having a holster but maybe could have put his hands up with the gun on the ground? like i said i wasnt there so its hard for me to speculate the what ifs.

 

[Dungannon]

Just remember, a Grand Jury just hears the prosecutor's case. There is no presentation or rebuttal by the defense. Hopefully Mr. Rodriquez has a good lawyer. During the discovery process, all the available evidence, statements under oath, police records, video (if any) will be revealed. Lots of settlements are made before it gets to trial, when the attorney's figure out how strong their case will be and whether the other side has a persuasive argument.

 

[Provincial]

In my opinion, any criminal charges entered against the plaintiff after a lawsuit is filed amounts to a confession by the government.

 

[Diamondback]

If I'm on the GJ, it's a No True Bill. And a complaint filed for Obstruction of Justice and Prosecutorial Misconduct...

 

[The Heretic]

In my opinion, any criminal charges entered entered against the plaintiff after a lawsuit is filed amounts to a confession by the government.

That is the general rule, yes

 

[U8395279]

Just remember, a Grand Jury just hears the prosecutor's case. There is no presentation or rebuttal by the defense.

Well, there is an old saying about grand juries: that a district attorney could even get a grand jury to indict a Ham Sandwich.

Apparently there is no video of any kind of what happened. The police officers parked their vehicles quite a distance away. And none of them had body cameras on. Apparently the police car video did record the officers shouting instructions to drop the gun.

The fellow has zero criminal history, and served in Iraq and received an honorable discharge when he left the military. All indications are that he is simply an avid gun enthusiast and sportsman.

Why would such a person attempt to shoot an officer? Makes no sense at all.

 

[Repairguy]

Tell them that you and your lawyer got a video tape now . See what happens then . Even thought you have no tape of the incident .

 

[Diamondback]

Tell them that you and your lawyer will show the video tape they have . See what happens then .

Don't get to do that, or anything else, at the railroad job that is Grand Jury, though... if the ProstitutePersecutorProsecutor decides he want to indict your grandmother simply for being associated with You The Accused he can.]

The Ambulance Chasing Human Garbage are given tremendous amounts of latitude to operate in any way their crooked arses see fit, and it's long past time for the Legislatures to rein them in... preferably with a choke chain like you'd keep a Rottweiler on.

 

[gimpy51]

The thing that strikes me is that the guy had a big gun in his hand and was waving it around. Now even if this was overblown and complete fabrication, it does beg a question for those of us that carry everyday.

One, when do you pull your gun out?

What do you or should you do when the cars with lights and siren show up.

I don't have enough of the facts in this case but it does raise questions for me, if it were me.

 

[gimpy51]

The fellow has zero criminal history, and served in Iraq and received an honorable discharge when he left the military. All indications are that he is simply an avid gun enthusiast and sportsman.

Why would such a person attempt to shoot an officer? Makes no sense at all.

Just got to remind you that this is in hindsight. Did they know this before they arrived? No. At the very least, it seems that mistakes were made on both sides.

 

[No_Regerts]

Just got to remind you that this is in hindsight. Did they know this before they arrived? No. At the very least, it seems that mistakes were made on both sides.

And, hindsight is inadmissible (Graham v. Connor). The officer's actions will be judged for reasonableness given the totality of the circumstances known at the time.

 

[Andy54Hawken]

The thing that strikes me is that the guy had a big gun in his hand and was waving it around. Now even if this was overblown and complete fabrication, it does beg a question for those of us that carry everyday.

One, when do you pull your gun out?

What do you or should you do when the cars with lights and siren show up.

I don't have enough of the facts in this case but it does raise questions for me, if it were me.

My thoughts would be :
1) Secure my gun , be it in my holster or safe.
2) Follow any and all commands by the responding officers.
3) Let my lawyer sort out any misunderstandings.

I get that my response is a simple one and is subject to change depending on what situation you find yourself in.
The one ( and hopefully only ) time I had to use a gun in defense as a civilian the above 1 , 2 but no 3 were needed and worked.
Andy

 

[gimpy51]

I guess that was my point. #1 rule - Return home. Don't do dumb things when lives are at state. Securing the weapon or at the very least, as soon as they roll up the gun is on the ground and my hands are up.

 

[scott_see]

Seriously? Call 911 and knowing that police are in their way, you walk around with a gun in your hand? He needs to see some of the Massad Ayoob videos/articles on what to do when you call the police.

 

[Alexx1401]

Seriously? Call 911 and knowing that police are in their way, you walk around with a gun in your hand? He needs to see some of the Massad Ayoob videos/articles on what to do when you call the police.

This is the first I heard of this but my first thoughts were the same. If I call 911 I DO NOT stand outside with a gun in my hand. The only way I can think this would ever happen to me is if I was holding someone at gun point for some reason. No matter what was going on in the house I can't see any wisdom in calling the Cops then greeting them with a gun in hand.