3/8/2016 COALITION OF WESTERN STATES CONDEMNS MURDER OF LAVOY FOR IMMEDIATE RELEASE:

Posted: 2016-03-11

3/8/2016
COALITION OF WESTERN STATES CONDEMNS MURDER OF LAVOY
FOR IMMEDIATE RELEASE:

https://www.youtube.com/watch?v=Nw9sfuFGghY

Synced cell phone, drone, audio and video regarding the shooting of LaVoy Finicum show conclusively that LaVoy was being shot at with his hands up as he exited the vehicle AND BEFORE there was any alleged attempt to reach for a gun.

Furthermore, the use of a Deadman’s Roadblock in and of itself was a LETHAL USE OF FORCE LIKELY IN VIOLATION OF EXISTING LAW AND/OR POLICY as described below. Therefore, this was clearly an unjustified shooting and serves to show that the massive overreach and unconstitutional and illegal actions of the Federal Government now extend to murdering innocent Americans. The Coalition condemns in the strongest possible terms what is now conclusively proven to be the murder of LaVoy Finicum. We applaud the investigation of the agents involved for misconduct. http://www.oregonlive.com/…/oregon_standoff_fbi_agents_und.…

However, that is not enough. The terrorizing of rural America must end. Should Americans be shot so the Federal government can control more land? No. The answer instead is for all of us to defend freedom locally and demand control over public lands be returned to the states.

Detailed Reasons
A Deadman’s Roadblock is a roadblock where there is no way to pass through usually on the blind side of a curve in the road. In Brower v. County of Inyo, (interestingly enough penned by the late Justice Scalia) the U.S. Supreme Court ruled that the use of such a roadblock in a similar situation as the case with LaVoy Finicum, was a seizure under the 4th Amendment and that such a roadblock was the lethal use of force. Consequently, whether that was “reasonable” under the circumstances becomes the question.

In most states like, Washington the use of a Deadman’s Roadblock is extremely limited. We have not been able to obtain a copy of the Oregon State Police Regulation Manual; Washington’s manual is instructive:

WSP Regulation Manual (2010), Page 83, Chapter 4, Vehicular Pursuits, C. Roadblocks, 1. A roadblock is a barricade using vehicles or other obstruction (excluding the Hollow Spike Strip) across a roadway set up to stop or prevent the escape of a fleeing vehicle. 2. Roadblocks may be used to apprehend fleeing felons when necessary, provided: a. A description of the suspect(s) and suspect vehicle is available (the description must be adequate for proper identification). b. Supervisory approval is obtained. c. An "escape route" is left available. d. The suspect(s) is wanted for any of the following: (1) Homicide, (2) Robbery in the first degree, (3) Rape, (4) Assault with intent to kill or felonious assault, (5) Prison escape (involving a felon).

LaVoy was not wanted for Homicide, Robbery in the first degree, Rape, Assault with intent to kill or felonious assault, or Prison escape PRIOR TO THE ROADBLOCK. Therefore, this was an unjustified use of lethal force and not reasonable under the circumstances especially since LaVoy clear stated his intent was to “go get help.”

In Freedom,

Coalition of Western States

SOURCE:

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