A message from Tommy McClain’s Mom:

son

We have a long journey ahead of us to prove that the actions that took place that night Tommy was killed were wrong. Any of you that have traveled this journey already in your own (but all too similar) situations know just how long of a journey we are embarking on. With everyone’s support and guidance, I am confident, WE WILL PREVAIL!! Many of you have already posted some helpful suggestions and wonderful words of support that are so meaningful to us. Some days we just feel so lost and don’t know where to turn or what step to take next. So with that said, please continue to support us and help guide us. We are truly thankful to all of you.

NOVEMBER 21, 2014

To whom it may concern,

The family of Thomas (Tommy) McClain has obtained attorney Dale K. Galipo as representation. We believe Mr. Galipo will be able to uncover truths to the events leading to Tommy’s death that The City of Eureka has not revealed. We have absolute faith Mr. Galipo will provide the justice Tommy and ourselves need.

In efforts to preserve validity of this case, if you have any further questions please refer to our attorney.

Sincere Thanks,

Family of Tommy McClain

 

 

Examiner note: This is the Attorney from the Martin Cotton Case who literally legally eviscerated the City of Eureka in court. Winning a 4+ million dollar judgement. 

 

http://humboldtherald.wordpress.com/2011/09/23/eureka-police-lose-big-in-martin-cotton-case/

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18 thoughts on “A message from Tommy McClain’s Mom:

  1. Good luck and best wishes i hope you find the justice you need

    Liked by 4 people

  2. Its all about the money now, sad to say Tommy Mcclain was trying to be a badass and he made a stupid reach for his fake but real looking gun. He paid the price, and now the family wants thirty twice. Here is to say they get NOTHING.

    Like

    • Sven you sound like such a CREEP! You were not at the crime scene to verify that Tommy “reached for an unloaded BB gun”……what a crock of shit you spewed out of your filthy mouth. Can we meet for coffee, so I can tell you off to your face?

      I can only hope for Justice for Tommy McClain and his family. They have my full support!

      Liked by 2 people

    • Sven-

      Stop blogging on work time. Get back to patrolling the city.

      Liked by 2 people

  3. Making the city pay in a civil suit is one such pressure to reform to police dept for bad training, practices, and simple deadly mistakes..

    Critics of justice and reform like Sven will constantly harp and taunt about it.

    Those costs are to some degree insured, how much affect such a penalty has on the city’s insurance policy I can’t say. And are the legal costs insured as well as any loss payout? Is the administration time to counter bad PR, assist with the city attorney’s efforts covered by the city’s insurance. Is the bad policing because of this drain on time and energy fighting lawsuits a supportable cost to the city?

    Us taxpayers will certainly pay something, whether it’s a trigger happy police department and the costs accumulated to each sad incident like this, or the costs of reform. But pay we will, and should.

    Hopefully this form of lawsuit justice causes reform needed in the police department, better training, better supervision, and more caution.

    Good luck to the family, I take it that you will not be replying to anything said here or elsewhere online, and that is probably a good idea.
    You certainly will be baited to by police defenders.

    Supporters should be able to pushback at least here on the expected taunting.

    Liked by 3 people

  4. The most liberal cop hating DA in the state declined to file charges. It’s over.

    Like

    • Really! Ever hear of OJ. He wasn’t criminally convicted but he was tried in civil court. There will be discovery. There will be no hiding behind the 5th Amendment. These are the same lawyers who got 4M+ because of the savage beating inflicted on Martin Cotton. If you guys hire Nancy Delaney who didn’t know what she was doing the last time, then you are going down!

      Liked by 2 people

    • Your talking about a DA that has a personal vendetta with keeping his own pot growing ass out the spot light of cop threats. Its not over its far from over.

      Like

  5. McClain had committed multiple crimes: public intoxication (his unenclosed front yard is legally considered a place open to the public), displaying an imitation firearm in a public place (read Penal Code 20170(a) and (b)(8) which specifically lists a front yard as a public place for this section), and perhaps disturbing the peace/threats.

    Furthermore, the cops are only responsible for what they can reasonably know…no way they could no he was possibly hearing impaired or that that pistol was only a replica BB gun. Plus, you only need eyes and a brain, not ears, to know how to properly respond when uniformed officers are clearly shouting some kind of commands at you and pointing guns. Harsh as it may sound, McClain is guilty at a minimum of piss poor judgment and his family, who took him out that night, got him drunk, and let him outside with a dead-on realistic looking air pistol tucked in his waistband like a gangsta would pack a real gun, also carries at least some burden of responsibility for what happened.

    The truth is if the police had not acted after witnessing what they did, and Tommy ended up in a tragic confrontation with the male he challenged or someone else, the community would feel they were grossly derelict in their duty. If people found out later EPD failed to do their sworn duty, all you naysayers would have been screaming for their heads. I challenge you to take an honest, unbiased look into your heart and tell me this isn’t true…EPD loses either way in the minds of those who simply distrust and hate cops in general.

    Tommy may have been an okay guy and intended no real harm, but the cops aren’t omnipotent and can only act based on what they reasonably perceive at the time. If he started to reach a hand toward the apparent gun is his waistband, even if mistakenly only planning to remove and drop it, it was a stupid thing to do (carrying it like a real gatt is incredibly stupid too…alcohol and weed does that to a person). Ask any cop in the world…they’re not going to wait around to guess his intentions, they are going to shoot.

    Gallegos lists no credible evidence McClain’s hands were both up at the time the shooting happened. And the supposedly witnessing family member is logically going to be highly biased, was probably intoxicated herself, and did not have a viewpoint/angle to see what she said she did. In fact, she has already been caught in a confirmed misstatement of fact…that Tommy did not have a pistol and was only holding a cell phone. Not true.

    It is a tragic situation all around, and I do feel for his loved ones, but I also sympathize with the cops. I’ll never understand this culture of a lack of personal accountability. What about Tommy’s poor decisions? And do we truly, honestly expect the police to just ignore an apparently armed man multiple officers witnessed angrily confronting another guy minding his own business. They had absolutely every reason to believe Tommy was illegally carrying a concealed firearm in a public place. And I say again, and the DA agreed, that front lawn was a public place for purposes of the law. Binding, repeated case law backs this and the cops right to detain him. Just Google it.

    The family will lose any lawsuit.

    But I also understand where they are coming from and people do have the right to question and have dissenting opinions.

    Liked by 1 person

    • “The family will lose any lawsuit.

      Actually, they’ll probably get some sort of settlement in the range of thousands to millions of dollars. That’s the way these things usually work. It’s less expensive for those being sued to deal with it that way.

      The city or county doesn’t have to be guilty of wrongdoing. They’ll just want to settle the case. That’s why there’s nearly always a lawyer willing to take the case for the plaintiffs.

      Like

    • Joe, nice attempt at spin, how proud Mills must be. We’ll see what a jury thinks when presented with all the facts not just EPD spin.
      Fred you should check out this attorney’s track record before you pontificate.

      Liked by 2 people

    • I could argue your articulate comment point by point, but it’s mostly already been done before..so I just wanted to remind us all of the incident where the police did not gun a man down in circumstances similar to this incident.

      A distraught man was holding a loaded 25 caliber pistol to his head and threatening to pull the trigger if someone didn’t get him some heroin… as I recall the story.

      The EPD confronted him and DID NOT shoot him, in spite of his hand holding and aiming a apparent gun…and a real one and loaded as it turned out. (I would guess he appeared more emotionally disturbed than Tommy McClain presented, but I wasn’t there.).
      Asked why they did not shoot the arresting officer said he was very sure the man was not going to shoot them ….in spite of actually waving the gun around and actually pointing it at the police momentarily.

      Now that is good policing..those officers who did not kill that man are the kind of EPD officers I am proud of.

      In my life I have been involved with two incidents of citizens being arrested without being gunned down. Both had been threatening citizens with weapons, one while holding a loaded gun. In both cases none of the police present even drew their pistols. They had confidence in their training and abilities in dealing with distraught unpredictable citizens.

      I therefore deny your assertion that ‘any officer would shoot’. You said:”Ask any cop in the world…they’re not going to wait around to guess his intentions, they are going to shoot.”

      Well…..Nope.

      There were many possible approaches the police could have used here, many people pointed out less deadly alternatives to their actions.
      He was well covered when the last officer rolled up and escalated the situation. Such a situation demands calm, not the shreiking and bellowing and perhaps purposefully confusing demands as reported that can and does prevent compliance with any logical or proper response.
      There may be a tactical spot in the police toolkit for such bellowing and confusion, but here it may have precipitated events instead.

      The descriptions all offered by all sides say in my opinion that there was poor judgement and perhaps failed training on the part of the EPD here, sadly for all.

      We citizens mostly haven’t gone thru any gun and safety training..maybe we should raise the taxes some more and make it mandatory.

      We’re not the enemy. Neither are the police.

      Liked by 4 people

    • Its ok to shoot people because they are drunk in public. Was he a to danger himself or a danger to others? If he wasn’t then he wasn’t guilty of being drunk in public. Get your law straight officer. Oh and in this town where sheriffs let priest killers go by saying he was just drunk in public, it is kind of hard to claim that is a crime that something must be done about. Cops lose civil suits, because Jurues hate this stuff. Remember Rodney King. Nancy Delaney did so bad in the Cotton case, because she gets paid whether she wins or loses. Family attorney will only get paid for a win. That is called an incentive.

      Liked by 3 people

  6. “Actually, they’ll probably get some sort of settlement in the range of thousands to millions of dollars. That’s the way these things usually work. It’s less expensive for those being sued to deal with it that way.”

    If they settle for a few thousand dollars, then yes it might be to avoid the cost of litigating the case. But hundreds of thousands, or millions? Nope, the City’s insurance carrier will only agree to a settlement that large if they think there is a significant chance that the City will lose and they might end up having to pay even more.

    Whether that will happen in this case or not, I don’t have any idea. But it’s worth noting that none of the cops involved the Martin Cotton case were charged criminally either, and yet that civil case went against the the City… in a big way.

    Liked by 3 people

  7. We aren’t alone in this police killing citizens problem, not by a long stretch.

    Here’s an interesting article at daily kos about it as well, in Utah.

    http://www.dailykos.com/story/2014/11/24/1347040/-Killings-by-Utah-police-outpacing-gang-drug-dealer-and-child-abuse-homicides

    I thought it interesting, the person describing the police applicant who was advised to go to the military or get a prison guard job experience first.

    Comments on steroid abuses.

    And a pithy remark about “ask not for whom the armor rolls, it rolls for thee.”…in regards to the military equipment fetish in many police agencies, including ours.

    Liked by 2 people

  8. What’s most amazing about this incident is that the officer in charge was promoted on-schedule and only 3 people showed up to protest while thousands of people are protesting the Ferguson shooting where the victim actually assaulted an officer. (A crime not punishable by death).

    Part of the reason is the media’s failure to balance family witness’es statements with police claims long before the investigation was complete. Where was the report about the bullet lodged in Tommy’s home where 2 children slept? Why were so many shots fired when the victim had no weapon in his hand? Why didn’t the police back-off long enough to understand the situation before shooting?

    Tommy had no criminal record and none of his infractions were punishable by death.

    Liked by 3 people

  9. Pingback: Will REMIF, the city’s insurance pool carrier, drop Eureka after the McClain family wins? | Tuluwat Examiner

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