Would you side with the mother or police officer?

Danny_Boy13

http://www.chron.com/news/crime/article/New-Mexico-officer-fired-in-van-shooting-to-appeal-5047819.php

A New Mexico State Police officer who fired shots at a minivan full of children during a chaotic October traffic stop in Taos plans to appeal his firing.

Attorneys for Elias Montoya announced Sunday that they are reviewing the allegations against the veteran officer and that Montoya intends to file an appeal for wrongful termination.

"Every day police officers put themselves in danger to protect the public. One of the most dangerous situations is a traffic stop on a rural road with limited radio access. It is difficult to second guess the actions of Officer Montoya without completely reviewing all of the evidence," attorney Antonia Roybal-Mack said in a statement.

Under department policy, Montoya has 30 days to appeal his firing to the Public Safety Advisory Commission, which is made up of civilians appointed by the governor.

Montoya's attorneys also said their client is thankful for the support he has received from the community.

On Sunday, several dozen people braved freezing temperatures to march through the northern New Mexico community with handmade cardboard signs.


"We support him because of who he is and what he is to this community," Taos resident Ray Martinez told KRQE (http://bit.ly/1bqOsHT).

State Police Chief Pete Kassetas fired Montoya on Friday, following an internal investigation and a disciplinary hearing.

Video from a police cruiser's dashboard camera taken during the Oct. 28 traffic stop has drawn national attention. It showed Montoya shooting at the minivan as a Memphis, Tenn., woman drove away from a traffic stop after an officer knocked out her van's window with a baton.

Montoya wrote in a police report that he aimed "at the left rear tire in an attempt to immobilize the vehicle."

The motorist, 39-year-old Oriana Farrell, had been stopped by another State Police officer for speeding. She fled twice after that officer tried to give her a ticket and then arrest her.

Farrell and her son were arrested in front of a hotel after a chase in which the van traveled at speeds of nearly 100 mph. Farrell was released on bond and faces charges of child abuse, fleeing and misdemeanor possession of drug paraphernalia for a pair of marijuana pipes that authorities say were in the van.

According to a police report, Montoya later bought the entire family food from McDonald's during the booking process.

Martinez and other supporters said Montoya, who had worked for the department for 12 years, should get his job back and that Farrell should take most of the blame for endangering her children and others as she sped through the town.

"You don't go 110 miles an hour through a school zone, putting everybody else's life in jeopardy," Martinez said.

Others in Taos have complained that police used excessive force during the stop and they are pushing for state police to change their practices. Members of the group Citizens for Social Justice plan to meet with Kassetas this week to discuss the incident.

Danny_Boy13

I will say that I think the officer should get his job back. The mother was the one that provoked the shooting and causing danger to everyone else.

walleyclan1

I think the officer needs to be on probation or something but should still have his job.

Cali_Chica

Yikes....well the article is certainly written in a way that it makes me want to support officer. I just have a hard time supporting someone who would shoot at a van of children. He could have caused her to swerve off road and kill all of them. Their safety is more important than stopping her. I wish he could have followed them somewhere rather than shooting them.

That woman should be sterilized. No business being a parent. Horrible.

PennyM140

I don't know if the officer made the right call but that woman is ridiculous. I hate that people like her have children. If he could have shot the tire like it looks like his plan was, he may have been able to stop her. Instead she drove at speeds of 110 mph with the kids in the car. I can see the logic in his actions, I hope he gets his job back.

Unknown

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cmriverside

After being involved many times in things that were later written in a newspaper or reported on TV, I have to say I don't believe anything I haven't seen with my own eyes. They get it wrong 95% of the time - even if they wrote it down.

Ever play that telephone game as a kid? That.

walleyclan1

I just watched the police tapes and I think the officer who broke in the window on the passenger side crossed the line. If my kids window was being busted in, I would maybe leave fearing for their safety. Bottom line though, I would have taken my ticket and moved on instead of arguing and taking police on high speed chase. The shooter was obviously aiming very low at the tires.

seltzermint555

I will say that I think the officer should get his job back. The mother was the one that provoked the shooting and causing danger to everyone else.

Agreed.

ldrosophila

so would everyone's opinions be different if a child had died? There is something going on in New Mexico look up random cavity searches. I know there is a fine line, but I still think we give up many of our liberties in the name of safety.

I think if someone pulled a gun on my child I'd probably act the same way too.

mayaocean

Police officer

WendyTerry420

I can't imagine ever siding with a cop.

WendyTerry420

.

csuhar

I generally avoid monday morning quarterbacking other officers. For example, all of us know there were kids in the car because the first sentence of the article says it was a "minivan full of children". We don't know if he knew that at the time. That's why there's the "Objective reasonableness" standard.


However, I do think there is a potential takeaway / "lesson learned" from this.


What I don't like is the attempt to immobilize the vehicle by shooting out the tires. Once again- I do NOT know what the officer knew at the time or what his concerns were. But in my book, if someone I'd stopped was speeding away and the only offence I was aware of was speeding, I would not have used my pistol to immobilize the vehicle. I might pursue, but a speeder's license plate can always be traced. My pistol only comes out of its holster when I believe the individual poses a threat of death or serious bodily injury.


But, not knowing what was going through his mind, I have to acknowledge that it could be he initially, in his gut, processed the breaking glass / speeding away combo as someone shooting at the other officer and then speeding away. That might, depending on department policies, justify using any and all means necessary to stop the vehicle.


So I don't find him to be particularly in the wrong, and I think he should be able to get his job back. But I do think there's a lot of thinking and reviewing that needs to be done regarding the scenario. (Then again, I say that about any scenario where shots are fired,)

vtmoon

Not sure why he fired to try and stop her because I'm pretty sure that isn't in the procedure book for a situation like that. I wouldn't side with the mom either if she doesn't value the lives of the kids, she could've had her son next to her called 911 and reported their situation if she was genuinely scared. Doing a 110 mph and endangering the kids and others in the road is not the way to go.

ekz13

he went into "instinct/training mode" - she elevated the situation and put the children in danger.

walleyclan1

so would everyone's opinions be different if a child had died? There is something going on in New Mexico look up random cavity searches. I know there is a fine line, but I still think we give up many of our liberties in the name of safety.

I think if someone pulled a gun on my child I'd probably act the same way too.

The gun was not pulled until the second time the woman tried to leave the scene. The shots were fired when the van was first leaving and he was aiming low. I can't imagine it could case any harm at such a low speed. I do agree that for speeding, it seems like an aggressive approach, however, she had already left the scene once before and her 14 year old assaulted the officer.

emtbabe326

he went into "instinct/training mode" - she elevated the situation and put the children in danger.

agree totally~