nuff said - it's over

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:USA1:

Go to show not ever let your guard down. Even on vacation, out of state with your wife and kids, he forgot his training.

First, I'm not defending the perp's actions. They very well should b ecaught, and jailed for a verrryyy long time.
I do question the escalation of charges. The perps had no way of knowing thier target was a federal marshall, so I feel compelled to ask why it's such an important FBI matter now? Why isn't it just as important an FBI matter if the victim is a used car salesman from Columbus?

The investigation of the crime(s), and manhunt for the perp(s), should be carried out with the same zeal and gusto, whether it's an LEO, or a convenience store clerk from Minneapolis.

Roger

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GTS225 said:

First, I'm not defending the perp's actions. They very well should b ecaught, and jailed for a verrryyy long time.
I do question the escalation of charges. The perps had no way of knowing thier target was a federal marshall, so I feel compelled to ask why it's such an important FBI matter now? Why isn't it just as important an FBI matter if the victim is a used car salesman from Columbus?

The investigation of the crime(s), and manhunt for the perp(s), should be carried out with the same zeal and gusto, whether it's an LEO, or a convenience store clerk from Minneapolis.

Roger

Click to expand...

It's no different than any other time something happens to a LEO. Ever notice how when one gets shot how every police car within 10 miles shows up? It's standard operating procedures. I think the way they look at it is that if there is a crook willing to harm a LEO, they want that one off the street ASAP. Sort of like "team" mentality, when one team member is harmed, the rest of the team rushes to their aide.

JMichael said:

It's no different than any other time something happens to a LEO. Ever notice how when one gets shot how every police car within 10 miles shows up? It's standard operating procedures. I think the way they look at it is that if there is a crook willing to harm a LEO, they want that one off the street ASAP. Sort of like "team" mentality, when one team member is harmed, the rest of the team rushes to their aide.

Click to expand...

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The above iterated response, I can understand. It's when a prosecuter, whether local or federal, heaps on additional charges simply because the victim happens to be an LEO. If the LEO is harmed while carrying out his duties, then yes, the perpetrator very well should be beat on with more specific charges, as the perp knew the "victim" was an LEO. It's if/when an accident happens, or in the above case, a crime, where the perp has no idea of the profession of the victim, the the special charges get used.

and Johnny, I'm not chastising you, just iterating my feelings toward the response of the federal prosecuter.

Locally, we had a sheriff's deputy killed in a auto-motorcycle accident. (He was on the bike.) The driver had no insurance, and was operating with a suspended license. Our local prosecuter was (last I heard), still looking into whether additional charges could be brought against the driver, over and above the obvious moving vehicle violations.

Roger

Prosecutor doesn't choose this, it's federal law. If you kidnap a Federal officer (knowing or not) it is automatically a Federal crime under FBI jurisdiction.

1034. Kidnapping—Federal Jurisdiction

Federal jurisdiction over kidnapping extends to the following situations: (1) kidnapping in which the victim is willfully transported in interstate or foreign commerce; (2) kidnapping within the special maritime and territorial jurisdiction of the United States; (3) kidnapping within the special aircraft jurisdiction of the United States; (4) kidnapping in which the victim is a foreign official, an internationally protected person, or an official guest as those terms are defined in 18 U.S.C. § 1116(b); (5) kidnapping in which the victim is a Federal officer or employee designated in 18 U.S.C. § 1114; and (6) international parental kidnapping in which the victim is a child under the age of 16 years.

The kidnapping offense generally does not apply to matters involving the taking of a minor by a parent, except for 18 U.S.C. § 1204, international parental kidnapping. See USAM 9-74.200 and this Manual at 1957. In such cases, the parent must have removed or retained a child under the age of 16 years outside of the United States with the intention to obstruct the lawful exercise of parental rights. Under § 1201, the term "parent" does not include those persons whose parental rights with respect to the victim child have been terminated by a final court order. See § 1201(h).

Title 18, U.S.C., section 1201(g) provides special rules for offenses involving children. Where the victim is under the age of 18 years and the offender has obtained such age and is not a parent, grandparent,brother, sister, aunt, uncle, or person having legal custody, sentencing levels are increased to reflect the severity of the treatment and situation in which the child has been placed.

The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, § 721(f), 110 Stat. 1214, 1299, changed the statutory language of 18 U.S.C. § 1201(e), effective April 24, 1996, from "an internationally protected person" to "an internationally protected person outside the United States" and permits jurisdiction over the offense if "(1) the victim is a representative, officer, employee or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States." The definition of "national of the United States" has also been referenced in the amendment. See also 18 U.S.C. § 878: Threats and extortion against foreign officials, official guests, or internationally protected persons.

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OK, Lowe, but do you see where my part of the discussion is headed? My arguement is that there shouldn't be special consideration, just because the victim is a government agent, unless the crime is committed while that agent is performing his/her duties, or it's connected with the performance of his/her duties. The same practice applies in the case(s) of politicians, where law enforcement drops everything in order to find and apprehend the perpetrators, where if it's a gas pump jockey from central Nebraska, they'll solve the crime when it's convenient.
The whole practice stinks of elitism, and shouldn't be that way, much less tolerated.

Johhny, it's good to hear that the perps were caught, but the news just proves my point. The crime happened what, three or four days ago, and already, it's all but solved and the criminals are headed for a trial. How often does that happen with a "regular Joe" off the street?

It just seems to me that law enforcement should be even more vigourous in thier pursuit of solving crimes against the very folks who pay thier salaries.

I'm somewhat surprised that FishingCop hasn't voiced anything, yet.
But we're getting a bit off topic for the theme of this board, so I digress.

Roger

BrazosDon said:

Go to show not ever let your guard down. Even on vacation, out of state with your wife and kids, he forgot his training.

Click to expand...

And his gun.