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.
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.
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