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No Charges Filed Against Man Who Mistook A Cop For a Burglar and Shot Him
Anyone who has followed the Cory Maye and Ryan Frederick cases knows how hard it is to convince police and prosecutors that you thought you were being burglarized when you fired on police who charged into your home unexpectedly.
This bizarre story from Alabama puts a new twist on that tragically familiar narrative:
So apparently, when you take the botched drug raid out of the equation, suddenly it makes perfect sense that someone would use force to defend their home when intruders come bursting in. Of course, in this case there was no warrant and no vague criminal activity for which the homeowner could be accused of attempting to evade capture. So maybe it's a little unfair to compare this to the Maye and Frederick cases.
Still, it's just impossible to ignore the fact that Cory Maye and Ryan Frederick are no more guilty than this man, who wasn't even charged. They made the same fundamental error he made: thinking that their lives were in danger and using force against the intruder. It shouldnât matter whether or not police had a warrant. The bottom line is that if police behave like burglars, they might be mistaken for burglars. Citizens who make that mistake are not guilty of murdering a cop. They are victims of bad policing brought on by a bad drug policy.
This bizarre story from Alabama puts a new twist on that tragically familiar narrative:
An off-duty Huntsville police officer was shot in the shoulder early Saturday when a friend mistook him for a burglar.
Police Chief Henry Reyes said Tony McElyea, a Strategic Counterdrug Team agent, decided to surprise a good friend and former police academy cadet at his home in the 1300 block of Virginia Boulevard.
McElyea, his girlfriend, and the friend's wife snuck into the home at about 2:30 a.m.
McElyea walked down the hallway and started shouting "Wake up, wake up," at his friend, Reyes said.
The friend, who Reyes said didn't immediately recognize McElyea, grabbed a .38-caliber revolver and shot him.
"It's just one of those things where he got startled and reacted," Reyes said. "It's unfortunate that it happened, but it's fortunate that it's not any worse."
â¦
The incident has been ruled an accident, and no charges will be filed against the shooter, whose name was not immediately released. [Huntsville Times]
So apparently, when you take the botched drug raid out of the equation, suddenly it makes perfect sense that someone would use force to defend their home when intruders come bursting in. Of course, in this case there was no warrant and no vague criminal activity for which the homeowner could be accused of attempting to evade capture. So maybe it's a little unfair to compare this to the Maye and Frederick cases.
Still, it's just impossible to ignore the fact that Cory Maye and Ryan Frederick are no more guilty than this man, who wasn't even charged. They made the same fundamental error he made: thinking that their lives were in danger and using force against the intruder. It shouldnât matter whether or not police had a warrant. The bottom line is that if police behave like burglars, they might be mistaken for burglars. Citizens who make that mistake are not guilty of murdering a cop. They are victims of bad policing brought on by a bad drug policy.
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New Data: Going to Work Sober May Increase Risk of Workplace Fatality
The Drug Czar's latest blog post, entitled Is Your Workplace Drug Free? If Not, We Can Help, begins as follows:
Ok, so nearly ¾ of illegal drug users are employed. They have jobs, just like everybody else. Interesting. But here's where you're supposed to get freaked out:
Umm, pardon me, but so what? The National Survey on Drug Use and Health shows that 8.3% of respondents had used illegal drugs in the past month and 50.9% had used alcohol. If that many people are using alcohol and other drugs regularly, then it is not surprising to learn that 10-20% of people who died at work had drugs in their system. It doesn't prove that the drugs caused the accident.
Think about this: 80-90% of people killed at work tested negative for alcohol/drugs, even though more than half the population uses them. If anything, the evidence suggests a frightening link between sobriety and workplace fatalities. But don't take it from me. After all, it was the Drug Czar who brought this up.
The U.S. Department of Labor reports that the vast majority of drug users are employed, and when they arrive for work, they don't leave their problems at the door. Of the 17.2 million illicit drug users aged 18 or older in 2005, 12.9 million (74.8 percent) were employed either full or part time.
Ok, so nearly ¾ of illegal drug users are employed. They have jobs, just like everybody else. Interesting. But here's where you're supposed to get freaked out:
Furthermore, research indicates that between 10 and 20 percent of the nation's workers who die on the job test positive for alcohol or other drugs.
Umm, pardon me, but so what? The National Survey on Drug Use and Health shows that 8.3% of respondents had used illegal drugs in the past month and 50.9% had used alcohol. If that many people are using alcohol and other drugs regularly, then it is not surprising to learn that 10-20% of people who died at work had drugs in their system. It doesn't prove that the drugs caused the accident.
Think about this: 80-90% of people killed at work tested negative for alcohol/drugs, even though more than half the population uses them. If anything, the evidence suggests a frightening link between sobriety and workplace fatalities. But don't take it from me. After all, it was the Drug Czar who brought this up.
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No drug war for the wealthy
When was the last time we saw a celebrity busted for drugs?Lots of trips to rehab and lots of talk in public about their drug problems but it's very rare that a celebrity or politician or the ceo of a
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Conservative BS
The Canadian government of Stephen Harper are always first out of the blocks whenever there's any talk of getting tough on crime.No one is quite sure what getting tough means but that's never stopped
Chronicle
Law Enforcement: This Week's Corrupt Cops Stories
An Ohio jailer, a Connecticut cop, and a pair of Florida deputies get busted, a Louisiana cop goes on trial, a Texas constable cops a plea, and so does a Texas US Border Patrol Agent.
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Southwest Asia: West Threatens to Block Iran Drug Aid Over Nuclear Issue
The US and European Union are threatening to stop helping Iran fight to stem the tide of Afghan opium and heroin -- heroin destined not only for the Islamic republics but also for the veins of users in places like Berlin and London. It's part of the high-wire pressure act aimed at stopping Iran's nuclear program.
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Death Penalty: More Executions, More Death Sentences, A Glimmer of Hope in Vietnam
China celebrates Anti-Drug Day with more executions and death sentences, but there have been more of both elsewhere this month, too.
Chronicle
Latin America: Bolivia's Chapare Coca Growers Tell USAID to Get Lost, Say They Will Seek Funding from Venezuela
Coca grower unions in Bolivia's Chapare region have told USAID to get lost. They'll seek assistance from Venezuela's Hugo Chávez instead, they said.
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Resource: Reformer's Calendar Accessible Through DRCNet Web Site
Visit our new web site each day to see a running countdown to the events coming up the soonest, and more.
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Webmasters: Help the Movement by Running DRCNet Syndication Feeds on Your Web Site!
Support the cause by featuring automatically-updating Drug War Chronicle and other DRCNet content links on your web site!
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Feedback: Do You Read Drug War Chronicle?
Do you read Drug War Chronicle? If so, we need your feedback to evaluate our work and make the case for Drug War Chronicle to funders. We need donations too.
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Weekly: Blogging @ the Speakeasy
"Nation's Mayors Take a Stand for Harm Reduction," "And the Winner of the War on Meth isâ¦Cocaine," "Our Drug War Alliances in South America Are Crumbling," "Trained Pigeons That Smuggle Drugs and Cell Phones Into Prison," "They're Drug Testing Our Sewage," "Don Imus: Critic of Racial Profiling?," "George Will's Weak Defense of Our Embarrassing Incarceration Rates," "Rising Coca Cultivation In Colombia Is Driving the UN Drug Czar Crazy."
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Help Needed: Drug War Chronicle Seeking Cases of Informant Abuse
Drug War Chronicle is seeking information on serious police misconduct or misjudgments in the treatment of informants. Confidentiality will be protected.
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Students: Intern at DRCNet and Help Stop the Drug War!
Apply for an internship at DRCNet for this fall (or spring), and you could spend the semester fighting the good fight!
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