WTF - Cops stun gun stepfather to keep him from saving 3 yr old from burning building?!?!?!

[tank_monkey]

http://www.myfoxny.com/Story/2390647...-son-from-fire

....police used a stun gun on the boy's stepfather as he tried to run back in and save the child.

Riley Miller died early Oct. 31 in the Mississippi River town of Louisiana. A city police officer fired his stun gun at Ryan Miller as he tried to re-enter his burning home, which was destroyed.

Grandmother Lori Miller says she witnessed two officers use the stun gun three times, twice after Ryan Miller had been handcuffed.

[00RedZX-6R]

I just read the article. I not sure what to think on this one. The chane to get the kid was before the went outside and waited for the fireman to come. The firman couldn't go in due to the heat, so I doubt this guy would have been able to do anything.

Now if it was my kid I would be pissed, but I would have never left the house without the kid in the first place.

[Krupski]

http://www.myfoxny.com/Story/2390647...-son-from-fire

Wow... don't know what to think about this one.

On the one hand, the cop probably could see that trying to get back into the house was futile (while all the dad could see was his kid burning), but on the other hand what if by some chance the guy COULD have saved his kid?

I'm not sure this was anyone's business to meddle in, cop or not.

Too bad they have to write THIS in the article:

Miller suffered chest burns and was later released from the city jail without being charged.

"Charged" with what? Trying to save a kid's life? And "released from city jail". Arrested for what? Trying to save a kid's life?

[TEN-32]

Who is civilly liable if the cops let the guy re-enter the burning house and the loss of life doubles from one to two? Would there be police negligence in that scenario? Who is in charge of the scene at a structure fire? (Hint-Fire Department). Lots of information missing from the article but I must assume the fire officials on scene determined the building was unsafe to enter or they would have made an effort to rescue the child. They are equipped with turnout gear and breathing apparatus. If they can't go in, the step-father definitely can't. I'm sure the step father was emotionally distraught and not thinking clearly. It happens. I'm pretty sure objectivity goes away when your child is burning.

[Krupski]

Who is civilly liable if the cops let the guy re-enter the burning house and the loss of life doubles from one to two? Would there be police negligence in that scenario?

Is a cop legally required to protect the father?

In other words, based on his judgment that re-entering the house would be fatal, does the cop HAVE to (by law) try to stop him?

If there is a private citizen at the scene instead of a cop, is the private citizen legally required to try to stop the guy?

What about a different type of case... say a suicide attempt where nobody else's life was in danger? Is a cop required to try to stop a guy, say, trying to jump off a bridge? How about a private citizen?

Note: these are not cop bashing questions. I simply want to know.

[TEN-32]

On the most fundamental level, the mission of the police is to protect life and property. In the structure fire example, there are laws prohibiting obstruction/interference with firemen in the performance of their duties. In the suicide example the goal would be to get the person into a safe environment and get them some help with their mental problems. In IL laws exist that require police to involuntarily commit a suicidal subject into a hospital psych ward for evaluation.

These laws do not apply to bystanders although I have been amazed by the willingness of folks to jump in and try to help/do the right thing.

[Krupski]

On the most fundamental level, the mission of the police is to protect life and property. In the structure fire example, there are laws prohibiting obstruction/interference with firemen in the performance of their duties. In the suicide example the goal would be to get the person into a safe environment and get them some help with their mental problems. In IL laws exist that require police to involuntarily commit a suicidal subject into a hospital psych ward for evaluation.

These laws do not apply to bystanders although I have been amazed by the willingness of folks to jump in and try to help/do the right thing.

I thought courts have decided over and over again that police have no duty to protect. Which is why nowadays they are referred to as "law enforcement" (which is what they ARE supposed to do).

Is this correct or wrong?

[TEN-32]

I thought courts have decided over and over again that police have no duty to protect. Which is why nowadays they are referred to as "law enforcement" (which is what they ARE supposed to do).

Is this correct or wrong?

I understand your question, its just that it is a bit more complex than that. There is civil liability, constitutional duty and authority, criminal culpability, adherence to policy and procedure all coming into play... Here is a good article and it even addresses the interference with a rescue by a private citizen example. One thing I've learned is that things are rarely black and white.

http://www.policechiefmagazine.org/m...issue_id=72004

[Krupski]

I understand your question, its just that it is a bit more complex than that. There is civil liability, constitutional duty and authority, criminal culpability, adherence to policy and procedure all coming into play... Here is a good article and it even addresses the interference with a rescue by a private citizen example. One thing I've learned is that things are rarely black and white.

http://www.policechiefmagazine.org/m...issue_id=72004

Well, that was interesting reading. Glad I don't have to deal with stuff like that.

[TEN-32]

Well, that was interesting reading. Glad I don't have to deal with stuff like that.

I'm sort of glad I don't have to any more.