Gun or no gun, that’s not really the issue.

Eureka Police Chief Andy Mills did confirm that “there was a gun recovered. I don’t want to get into where exactly the gun was until I can prove that forensically to my satisfaction…..”

For the purposes of discussion and debate for this blog post we are going to assume that the Police bill of rightsrecovered a gun.

The point of fact number 1 is that Tommy McClain was on his property and he was 100% within his rights to be in possession of a gun.

Number 2 the police were not responding to reports of a crime. They were in the area for completely unrelated reasons. So no crime was committed by Tommy or anyone else at that residence.

Number 3 so far as reported, NO request or command to “drop the weapon” was made.

Number 4 the family reports that had been celebrating a birthday and consumed alcohol. Again you can be as drunk as you want at your own home, that’s perfectly legal.

In summary this family was minding their own business, committing no crimes, and on their private property. Tommy McClain then is gunned down by the EPD.

 

The bottom line here is there is no justification for the use of deadly force in this incident. This is a textbook wrongful death case. We hope the Federal Government takes a hard look at this civil rights violation.

police abuse

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21 thoughts on “Gun or no gun, that’s not really the issue.

  1. This blog seems like a big oxymoron! You put out posts that seem pretty far left. Then, you put out a post like this and seem to run into tea party territory.

    Not to take away from the shooting, but I think a lot of conservatives would like your train of thought regarding rights on private property.

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  2. “The point of fact number 1 is that Tommy McClain was on his property and he was 100% within his rights to be in possession of a gun.”

    LOLZ. Wrong. Mr. McClain needs to have a license to carry a handgun, and that handgun must be registered.

    “Number 2 the police were not responding to reports of a crime. They were in the area for completely unrelated reasons. So no crime was committed by Tommy or anyone else at that residence.”

    If Mr. McClain was in possession of an unlicensed handgun, that is a crime. Are cops just supposed to ignore that someone has waving (allegedly) a firearm at them just because they are on their property?

    You make so many unjustified leaps in your attempts to politicize this tragic event. Why don’t you wait until the investigation is complete before reaching conclusions? Oh, wait, that doesn’t help your agenda.

    Again, Chief Mills has said that if the shooting was not found to be justified, those officers would be brought up on charges. You continue to ignore this, because in your attempts to smear this guy for whatever reason, it doesn’t fit the narrative you are trying to write.

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  3. Furthermore, “26 How do I know if my firearms need to be registered?

    There is no firearm registration requirement in California
    except for assault weapon owners and personal handgun
    importers. However, you may submit a Firearm Ownership Record
    to the DOJ for any firearm you own. Having a Firearm Ownership
    Record on file with the DOJ may help in the return of your
    firearm if it is lost or stolen. With very few and specific
    exceptions, all firearm transactions must be conducted through a
    firearms dealer.”

    An individual may voluntarily register a firearm with the state by filing a “Firearm Ownership Record”.
    A benefit of registering an unregistered handgun is that there are certain sentence enhancements for committing a crime with an unregistered handgun. The most relevant example is that illegal concealed carry is a felony if the handgun is not registered to the person illegally concealing the handgun but is a misdemeanor if the handgun is registered to the person carrying the handgun (Penal Code 26400 (6) (was Penal Code 12025 (a)(6)(B)]).

    Liked by 2 people

  4. That’s sort of a Catch 22 for the victims of cops dropping guns after an unjustified/accidental shooting. Obviously the dropped gun isn’t registered to the victim so the victim becomes a felon for carrying an unregistered gun and the shooting becomes justified.

    Liked by 1 person

    • OPJ wrote, “Obviously the dropped gun isn’t registered to the victim so the victim becomes a felon for carrying an unregistered gun and the shooting becomes justified.”

      I believe that’s irrelevant in this instance. The only thing that matters is whether the officers had justification to fire at the guy. They had no idea who owned the gun. A handgun laying on the ground or on a table some feet away wouldn’t qualify as justification, imo, no matter who owned the gun.

      Even if the gun turned out to be stolen, it wouldn’t justify a shooting in and of itself.

      The point of contention should be, and is, whether he had a gun in his had, or whether the officers had reason to believe he had a gun in his hand, thus feeling their lives were in danger.

      Liked by 1 person

    • Ok shoot first then ask questions

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  5. You’re reaching OPJ, its comical.

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  6. “Are cops just supposed to ignore that someone has waving (allegedly) a firearm at them just because they are on their property?”

    I don’t think even the cops are claiming that’s why they were there. Apparently they were in the neighborhood searching for suspects in an unrelated matter. If I’m remembering correctly, according to the EPD’s version of events an officer claims they saw two people arguing in front of that house and approached the two people, one of whom was McClain. Then the officer calls for backup, saying that he had that he had “one person at gunpoint,” and presumably that was McClain (the EPD’s account doesn’t say what happened to the other person, whether they ran off when the officer approached or whether the officer instructed/allowed them to leave, or whether were there the whole time, or what). According to the EPD version of events, McClain wasn’t following the officer’s instructions (not sure of that was to put his hands up, or get on the ground, but I assume it was something like that), and at some point after backup arrived one or more of the officers supposedly saw McClain reach for a gun, and that’s when they shot him.

    So even in EPD’s version, it’s not like McClain was out there “waving” a gun around and that’s what the officer was responding to. It’s not clear to me what justification they are even offering for the officer drawing his weapon and holding McClain at gunpoint in the first place. Even in the EPD’s narrative, it’s not clear who McClain was supposed to be posing a danger to when the officer first confronted him. Unless I’m mistaken, there’s no report that he was threatening or assaulting anyone.

    Do even leaving aside the question of whether McClain had a gun or was reaching for a gun when he was shot, there’s the question of why/how things escalated into a situation where a cop was pointing his gun at McClain on McClain’s own front lawn, over an (alleged) verbal argument between McClain and the mystery person he was (allegedly) arguing with.

    I mean is that really the protocol for when an officer happens upon two people engaged in a verbal argument — draw your gun, hold them (or one of them) at gunpoint, and call for backup? If I missed something in the reporting, and there is some detail that was reported that accounts for that action, I’d like to know what it is. Because it seems like there’s a pretty big hole in that narrative, like it skips from A to C with no mention of a B that would explain how we ended up at C.

    Liked by 4 people

    • I agree with most of your analysis, especially your point that there are many holes in the information so far made public. That reflects badly on the authorities, IMO.

      In a larger(more empowered/sophisticated?) location, by now the various people involved would have lawyers by who would be making more complete public statements on their clients’ behalf in anticipation of wrongful death claims against the city. But this is HumCo, the place civilization has forgotten.

      Liked by 2 people

  7. When will the media pick up on this? Whos calling Allen Colmes or Thom Hartman shows and asking for help from other sources?

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  8. Where is the public outrage?. I dont live in the area but I have seen no reports of people reacting in a political way to this terrible event a la Ferguson

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  9. You’re right there’s an odd silence from the ACLU, Copwatch. PARC and the Human rights Commission.
    All the people I know in town are sick about it.

    Liked by 3 people

  10. It looks like Mills strategy of Stone Walling may be paying off

    Liked by 1 person

    • I don’t think MIlls “strategy” will work for him at all. His smug silence, especially the lack of any press conferences to the grieving family is beyond my believe. Anger is brewing while we observe the vigils and on October 3rd, Tommy McClain’s burial in Fresno. Shame on Mr. Mills…shame on him.. for his lack of compassion and communication with the family and public.

      Liked by 1 person

  11. According to the TS the investigative committee has as members somebody(s) from the California DoJ as well as the local LEO’s and DAs office.

    The Cal DoJ taking part in this committee is news and good as far as it goes, we will here much more from Chief Mills Wednesday it says.

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  12. Was there much more? Unloaded BB gun. Telling a suspected drug dealer to stay away from the recently evicted people at a flop house. That is punishable by death? Hope you don’t ride a bike on the sidewalk or use a shopping cart! To Mills those are the real priorities.

    And that’s just based on believing everything Mills said in the press conference! !

    Liked by 1 person

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