Guys house catches on fire due to a lithium battery malfunctioning. He's trying to put it out when the cops and fire fighters show up. Guy doesn't want to leave his house when told by cops, altercation ensues. District court says there's enough evidence for probable cause and to bring it to a grand jury, but the grand jury hears testimony, sees body cam, and indicts the officer instead.


https://www.wdrb.com/wdrb-investigates/leitchfield-police-officer-indicted-after-body-camera-video-shows-bloody-confrontation/article_d279b6ac-a767-11ef-8415-6f625db46258.html

Quote:

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Sgt. D.J. Newton faces misdemeanor charges of assault, terroristic threatening, menacing and criminal trespassing following a June 9 incident on Rison Drive, where police and emergency responders were called to a house fire.

Body camera footage obtained by WDRB News through an open records request captures the chaotic interaction. The resident, Lannie Fentress, claimed a lithium battery explosion started the fire and he was attempting to extinguish it when officers arrived.

Officers ordered Fentress and his son, Daron, to leave the smoke-filled house for safety reasons, but the pair resisted. The footage shows escalating tensions.

"I'm not going to let my f****** house burn," Fentress said. "No, get your hands off me. No, there's hundreds of thousands of ..."

He didn't finish that sentence.

"Listen here, you're getting ready to go to f****** jail," an officer replied.

You hear an officer say, "Get out now taser, taser, taser."

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Quote:

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Newton's bond was set at $500, and a special prosecutor and special judge are being requested for this case. He declined an on-camera interview for this story, but his attorney, Thomas Clay released a statement:

"I am very troubled by some aspects of this case. The District Court had a full blown preliminary hearing on the charges against the two individuals who were arrested. The District Court found probable cause and referred the cases to the grand jury. Somehow, the grand jury reversed the District Court's finding and indicted Sergeant Newton on misdemeanor charges. This action is unprecedented in my experience. The charges were not based solely on the testimony of the police; there is body cam footage which supports the charges. Apparently, the grand jury did not see the body cam footage or chose to ignore it. We have requested production of the grand jury testimony."

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Cops always want to be the FF when the FD isn't there

It's their unattainable goal in life.

Ha ha

The pushback is everywhere. People are empowered to do it as best and what is right. Absolutely amazing.

For too long now, the term "for your own safety" has been used to muzzle, strangle, and limit every possible freedom and right.

What's the right course of action here?

We don't need cops being more hamstrung than they already are, but they need to learn the art de-escalating.

What happens to the cops if they walk outside of the house and wait?

If the guy dies in the fire, the cop and city will be sued for negligence.

I learned that it doesn't take much of a fire to be uncontrollable if trying to fight it with a garden hose.

Gilligan said:

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What's the right course of action here?

We don't need cops being more hamstrung than they already are, but they need to learn the art de-escalating.

What happens to the cops if they walk outside of the house and wait?

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If a homeowner is attempting to save their house, the cops should either pitch in or watch from the curb. This was clearly a case of someone of sound mind and body undertaking a dangerous task for high reward which is their prerogative even if the cops don't agree with it. Should I be tased for removing the blade guard on my table saw even if it could cause my death?

Gilligan said:

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What's the right course of action here?

We don't need cops being more hamstrung than they already are, but they need to learn the art de-escalating.

What happens to the cops if they walk outside of the house and wait?

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Police have no obligation to protect you. As such they have no authority to order you to act "for your own safety". Nothing happens if the cops walk outside and wait.

EMY92 said:

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If the guy dies in the fire, the cop and city will be sued for negligence.

I learned that it doesn't take much of a fire to be uncontrollable if trying to fight it with a garden hose.

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Not sure that lawsuit would go anywhere considering the Supreme Court has ruled police have no duty to protect citizens.

The man has a right to fight that battle, even if it's a losing one. And maybe you can't extinguish the fire, but can you slow it until the fired department arrives?

There needs to be far far far more of this

LuoJi said:

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There needs to be far far far more of this

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This needs to be used as a teaching moment for PDs nationwide, and more importantly in Cadet classes. That way rather than far far far more of this, we see far far far less need for this.

(I'm not disagreeing with you at all, just looking at an optimistic and hopefully different outcome)

EMY92 said:

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If the guy dies in the fire, the cop and city will be sued for negligence.

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People can sue anyone for anything but liable? I don't see how. I don't know what the elements of negligence are for that state but even assuming the cop has a duty in this instance (he likely doesn't), he's satisfied that duty by telling the homeowner to get out. He doesn't breach it by NOT arresting him and physically removing him.

What's the practical manner these charges could be tried? The prosecutors almost sound like they want to go after the members of the grand jury.

Edit: NVM. I misread the OP, and it's the cop's counsel who want the grand jury records.

SwigAg11 said:

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What's the practical manner these charges could be tried? The prosecutors almost sound like they want to go after the members of the grand jury.

Edit: NVM. I misread the OP, and it's the cop's counsel who want the grand jury records.

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Kinda reads like the Grand Jury is giving the powers that be a middle finger. As I sit in a Holiday Inn, is this the Grand Jury version of Jury Nullification?

chickencoupe16 said:

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Gilligan said:

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What's the right course of action here?

We don't need cops being more hamstrung than they already are, but they need to learn the art de-escalating.

What happens to the cops if they walk outside of the house and wait?

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If a homeowner is attempting to save their house, the cops should either pitch in or watch from the curb. This was clearly a case of someone of sound mind and body undertaking a dangerous task for high reward which is their prerogative even if the cops don't agree with it. Should I be tased for removing the blade guard on my table saw even if it could cause my death?

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only if you're not using a dado stack you heathen!!!!

What happens when a firefighter dies trying to rescue the now-incapacitated homeowner?

AmarilloBQ02 said:

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What happens when a firefighter dies trying to rescue the now-incapacitated homeowner?

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If police have no legal obligation to protect citizens, I imagine that extends to firefighters. At that point, the cop would inform the firefighters of the homeowner's choice, the firefighters would weigh their options, and then make their decision. I'm fine if the fire department is extra conservative based on the homeowner's choice to stay in the burning house. And if a firefighter died anyway, that would be tragic but possibly preventing that possibility does not trump a law abiding citizen's rights. If it did, police could prevent you from driving to work to prevent auto accidents.

Kenneth_2003 said:

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Cops always want to be the FF when the FD isn't there

It's their unattainable goal in life.

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Only time cops want to be firefighters is when they sit in the fire station for 18 hours a day playing ping pong. Never play a firefighter in ping pong.

As an adult he should have the right to assume personal risks that don't endanger others except in extreme circumstances perhaps. The officers needed to explain he is assuming all the risk to themselves and they advise him not to continue got his own safety but it is his choice.

Also, you can't put out the Lithium fire/reaction but you can put out what it ignites around it on an ongoing basis until no combustible material remains close enough to ignite.