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Utah Man Who Shot SWAT Agent Can’t Claim Home Defense

November 27, 2012 by  

Utah Man Who Shot SWAT Agent Can’t Claim Home Defense
SCREENSHOT

A Utah man who alleges he killed a police officer serving a “knock and announce” warrant because he thought armed assailants had kicked in his door to rob him will likely not be able to use a “defense of habitation,” legal experts say.

Mathew David Stewart is on trial for a gun battle that erupted in his home during a SWAT raid conducted by a local police “strike force.” According to reports from The Salt Lake Tribune, the raid resulted after Stewart’s ex-girlfriend called a local “tip-a-cop” hotline to report that the man had a marijuana-growing operation in his basement. It is reported that she “could not recall” whether she also told the officer that Stewart was against government intrusion and “if the police ever came to his house he would go out shooting.”

From The Salt Lake Tribune:

Agents testified that they went to Stewart’s home at around 8:30 p.m. on Jan. 4 and announced themselves before breaking through the door and entering. The agents testified they were all wearing some sort of police identifier, whether it was a jacket with the word “police” written in bold, a bulletproof vest with “police” printed on it, or a fleece vest with police insignia embroidered on the chest.

Stewart told the paper, however, that he believed he was the victim of a home invasion. “When you’re convinced that you are getting robbed and most likely killed by a group of armed men, your instincts kick in,” he said.

His defense attorneys have also questioned whether the agents properly identified themselves as police and were easily recognizable as agents of the State because many of them wear long hair and beards.

Stewart allegedly told an investigator that he had armed himself when he heard someone enter his home. He allegedly said he pointed his gun around the corner of his bedroom hallway, at which point he was met with gunfire. The man alleges that he then fired the weapon.

The SWAT team members, however, allege that Stewart fired first. He remains charged with aggravated murder, seven first-degree felony counts of attempted aggravated murder and one second-degree felony count related to alleged marijuana cultivation stemming from the reported finding of 16 plants and a bag of marijuana in his basement.

Read more about the case here and here.

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • CZ52

    If he beleived someone was breaking in to harm and rob him he has every right to fire first. As far as the police having some kind of ‘police identifier” markings, was it only on their backs or was it equaly large printing on the front of their clothing and police insignia does not count it should be lettering clearly visible in all but total darkness.

    • Vicki

      breaking into a home is prima facie evidence of criminal intent. Had they a search warrant all they have to do is knock on the door and wait for the homeowner to answer it.

      When the homeowner answers the door the officer politely hands the copy of the warrant to the homeowner for inspection and then enter when the homeowner consents.

      Ah but that was before the progressives brought us their big government “progress”

      As to the markings, most any gang can get realistic labeled clothing from a number of suppliers. http://www.firestoreonline.com/deaapparel_1.aspx
      as just one of 49 MILLION hits on the search phrase “clothing for police departments”

      • Robert Smith

        Hey Vicki you bleated: “Ah but that was before the progressives brought us their big government “progress””

        Most folks I know are entusiastic about making pot legal so there would have been NO reason for the police to be there.

        Second, it’s the right wing that goes with all the force and stupid prohbitions.

        Oh, and government grew more under Bush than any other peacetime administration. Oops, Bush had us in a couple of wars.

        Rob

      • OneGuess

        Oh yeah, “Rob”. Let us all blame Bush, now and for evermore.

      • eddie47d

        Still can’t handle the truth One Guess? Go hide under your mommies covers dude! Its Conservatives who push for draconian drug laws and for decades they got them. Utah is extremely on the right . I don’t side with the police in this case because it was strictly a marijuana issue and not some Meth Lab. More overreacting by our increasing usage of police state SWAT teams. The police caused the death of their own and used the wrong procedures over such a minor case. If it can be proven that Stewart knew they were police and not civilian intruders he will be in a world of hurt come sentencing.

      • Sol of Texas

        Vicki — It’s true. People have posed as law enforcement officers to commit crimes in the past including assault, rape, and robbery – it’s not unheard of.

      • Bill

        Robert,
        Humm… let’s see… The liberals have been in power for the last 4 years and the next 4 years and pot is still illegal federally. So your progressive buddies that you elected have different views than you think they do

      • Vigilant

        “It is reported that she ‘could not recall’ whether she also told the officer that Stewart was against government intrusion and ‘if the police ever came to his house he would go out shooting.’”

        Certainly, if she told the cops that, it would have been reason for heightened measures. The “I don’t recall” excuse is the typical way to weasel out of statements made that were almost certainly recorded by the police and will be introduced at trial.

        Now, you expect the police to NOT take measures in the face of such a warning?

      • TML

        Vigilant says, “Certainly, if she told the cops that, it would have been reason for heightened measures. The “I don’t recall” excuse is the typical way to weasel out of statements made that were almost certainly recorded by the police and will be introduced at trial.
        Now, you expect the police to NOT take measures in the face of such a warning?”

        Mere allegations and finger-pointing from a vengeful girlfriend (or anyone else for that matter) does not constitute probable cause in the first place. Indeed officers should have taken more heightened measures of safety, which does not include busting down the door of a person who has allegedly said they would shoot at officers if they were to bust in the door. An officer lost his life from such incompetence as you rhetorically imply.

      • eddie47d

        Bill: Its up to the states to enact their own pot laws and eventually rendering the narcs and Federal agents useless. Change is a slow process at least Washington and Colorado are moving the issue forward.

      • Vigilant

        TML says, “Mere allegations and finger-pointing from a vengeful girlfriend (or anyone else for that matter) does not constitute probable cause in the first place.”

        Sadly, probable cause has been superannuated by “reasonable suspicion” in most states, thereby lowering the bar on protections.

        But, let’s be real. The dispatcher had no reason to surmise that the girlfriend was either vengeful, or indeed even if she was a former girlfriend. The complaint was made, they had to act.

        In truth, discussion is fruitless unless and until we get more facts. Mr. Rolley seems to have replaced Brian Nash as the resident rabble rouser who submits these sensationalistic and unripe stories without regard for anything besides encouraging half-cocked judgments.

      • http://www.facebook.com/benjamin.fox.98892 Benjamin Fox

        I agree Vivki, if they had a properf warrent nobody would be dead and they could have just knocked, I don’t excuse his drug problems but this was a sense less act on both sides. I blame the police as much as this young man.

      • Vicki

        Robert Smith says:
        “Hey Vicki you bleated: ….”

        Ad hominem attack. Rest of post ignored.

      • Vicki

        eddie47d says:
        “Bill: Its up to the states to enact their own pot laws and eventually rendering the narcs and Federal agents useless. Change is a slow process at least Washington and Colorado are moving the issue forward.”

        Where is there any law/rule that says states get to enact their own pot laws?

      • Vicki

        Benjamin Fox says:
        ” I blame the police as much as this young man.”

        You blame him for defending himself and his “castle” from violent and armed intruders?

        Such behavior by the royal guard is one of the specific complaints against King George (of England) that lead to the American Revolution.

      • Vigilant

        Vicki says, “Where is there any law/rule that says states get to enact their own pot laws?”

        Try the 10th Amendment.

    • charlie

      Absolutely. Also consider that there are many imposters that pose as ‘officials’. Other than life or death ‘rescue’, the home resident should have the Right and the Time to validate the identity of the intruders. Once the true identity is established, then and only then, the legal process commences.
      Everyone is familiar with some police officer in their district, especially perps; have this person make the original contact for identity.
      ‘The person had time to hide evidence’, is bogus. If all the intruder has is evidence generate, do to the raid, there should be no raid.

      • Kinetic1

        Charlie,
        “Everyone is familiar with some police officer in their district…” Really? Why would I be expected to know a police officer? I suppose there may be one or two at my church, but I honestly don’t know the occupations of every person with whom I share a casual acquaintance. The only officer I know in my town of 50,000 is an ex-cop across the street, but then I don’t tend to have much contact with law enforcement.

      • charlie

        Kinetic1 – you gota get out more often.

  • John Hasse

    WHY can’t he claim ‘home defense’?? and WHO SAYS he can’t???

    • Incredulous1

      Good question, John, I was searching the article for the same information (not to be found.) All states need to pass the Castle Doctrine.

      • Vigilant

        “Utah law allows a home­owner to use deadly force in defense of habitation if he “reasonably believes” the intruder intends to commit a felony in the home or there is a threat of personal violence. However, the law also states that force can be used only to prevent “unlawful” entry or attack of a person’s home.”

        From the second article link.

      • Vicki

        Oh look we found a grey area to play in.

        How would the homeowner know that the breaking down of his door was lawful absent the search warrant that had not been delivered prior to the violent entry?

        Ok so it wasn’t grey. It was clearly black. In the proper days (before the war on (some drugs. Called Prohibition at the time) An officer or officers would knock on the door and then deliver the search warrant. Having now established the lawful nature of their actions the police could legally enter the home of the accused peaceably. Should the homeowner resist at that point he could be arrested.

        Not as exciting as a dynamic entry though.
        Hmmm….

  • Tom Cook

    The very first consideration here is that we all know–those of us with IQ above 100–above ninety percent of the orcs in our population–that cops lie; SWAT cops lie inveterately. The kid was defending himself, but he killed a government approved thug thus he must pay. Government thugs are allowed to murder us, but we cannot defend ourselves against them, the overstuffed steroid enraged obese shaved headed MIB dark glass adorned mentally challenged subhuman scum with badges.

    • Incredulous1

      Hey Tom, you should really quit holding back … agreed 100%, Buddy!

    • ibcamn

      mouthfull eh–the police are the largest gang in the united states,they have taken that label with pride.they have also sharpened their skills because of that label also!they know what they have to do to do their job and they know what to say to keep that very same job!unless you have video from both sides of that raid he is [expletive deleted].all of the things you people are saying is true or close to it.most times when they take out a door with warrent,its like-”warren-”,and BLAM,your door is now in your lap!and they will swear in a statement they said”Whatever P.D.,we have a search warrent for John Screwed Doe!,and then i turned to officer [comment has been edited] and gave the signal to use the hammer to pound on the door hinges”.. and thats what a judge will read and beleive.remember,nowadays they dont even have to knock!and what if your sitting on your couch with a beer in your hand and a handfull of your ol’ ladies hair [comment has been edited] in the other and heavy metal on 11 blaring in the background(w.a.s.p.)then you are most defanetly John Screwed Doe!the police use every loophole the lawyers have to keep up with!not to mention that i even heard there might even be a crooked police officer out there somewhere…read what happened in a small town in wisconsin(wis rapids,wis. and some surrounding towns)in early to mid 90′s!..its a real life nightmare what they do to people when you cross them.

  • http://Personallibertydigest Roland

    Hang on boys & girls! It’s just the beginning of what is to come on a larger scale. Cops, law enforcement, or whatever you want to call these legal criminals, are going to do more of this in the times to come. It’s been happening all along, but on a smaller scale. News won’t cover it, cause there will be so much of this happening. From what I understand, police have a warrant book with them, not needing a warrant from a judge, just like they have a book for writing traffic tickets. Isn’t America great! Our liberties are disappearing right under our noses.

    • old hillbilly

      sounds a bit like ruby ridge, fast & furious, & waco… the higher up, the worse it gets… Nappy janet & Holder-up – yuck

  • Grandpafrog

    Gestapo tactics. An armed SWAT team investigating at night a tip from an ex-girl friend on an alleged pot garden. Announcing themselves (which quite possibly wasn’t heard – like if watching TV), and then breaking into the house! Whoever authorized the raid should be the one on trial for excessive over-reaction and endangerment. The authorities need to find a means to positively identify themselves to home owners who could think they are in danger from a criminal. And all over (an alleged finding) of a small amount of pot.

    • Robert Smith

      “And all over (an alleged finding) of a small amount of pot.”

      Which should be legal like alcohol.

      Actually in Europe alcohol is legal for kids and they don’t have anywhere near the problems we do.

      But such is the mind of a control freak prohibitionist.

      Rob

      • Vicki

        Yep. It is possible for Robert Smith and I to agree on something.

    • eddie47d

      Absolutely grandpafrog for SWAT teams should only be used in extreme grievous situations but for the last decade or so they have a green light in even minor cases. Maybe they should be abolished or at least put them on a short chain. Stewart (the accused) should have picked a better girlfriend also. I wonder if we are being told the full story about her?

      • Vicki

        Just for its shock value I will agree with Eddie47d. :) Besides I actually do in this case.

  • Evan

    All that for some marijuana plants? END THE DRUG WAR!

    • Vicki

      People have been calling for that for years. Yet Democrat control or Republican control of Congress and the Presidency and we see no end.

  • Wumingren

    It would seem that another lesson to learn is keep your grow house a secret from everyone. If you dump your girl friend, she’s going to seek revenge, especially if you haven’t treated her with respect.

  • http://Yahoo.com Bill

    I’ve always had a hard time understanding why the police wait until the dark early morning hours to bash the door in – even for someone who isn’t wanted for anything violent. Why can’t they just wait until they walk out the front door and make the arrest. I used to have a lot of respect for the police. Now days, they seem to be watching more and more cop shows on TV and think that’s the way they’re supposed to be.

    • Vicki

      Bill says:
      “I’ve always had a hard time understanding why the police wait until the dark early morning hours to bash the door in”

      They do it cause it is more exciting (and safer) to attack when the “enemy” is asleep.

      • Bruce

        time for a new invention. A room that resists armed entry, by anyone, to your home. Anyone can kick down your door and enter, but after they enter so far, they find themselves in a trap with steel bars, that shuts behind them, and automatically dispenses tear gas. Is there a law against such a citizen life saving device? How would a swat raid go when they find themselves trapped in a private (innocent) citizens house, after they got the wrong address? Would the home owner have to release them? Could he spray them with tear gas, like they were criminals? could he tazer them? , until he determined they were legit?.? Or could the home owner hold them (the swat team) until the State police got there to arrest those that did the breaking and entering of the wrong house with out a warrant?. Think about it. Get your police buddies together and form a swat team and rob people. If you get caught it is just police business. Dare we allow this?.

  • jdn

    Why are all these smash and grab warrants always served in the dark of night with guns drawn for battle ? Are they just looking to kill people ?

    • Vicki

      No. Just conditioning the populace to live in fear of the “kings men”

  • steven

    For such a victimless crime they could’ve quietly picked him up as part of a routine traffic stop.
    But no the police like to be big balls in Cowtown,they love having the excuse to use their fancy equipment but it’s funny most of the so-called SWAT team members never had the balls to join the military and fight in a real war.
    No they perform unarmed victim’s and this is why we must defend our second amendment rights with so much fervor against these NAZIS thugs.

    • James L Smith

      They are addicted to the adrenalin rush, if they were looking for a pot farm there’s not much danger of it being flushed down the drain so no reason to break the door, they were looking for a fight and got one.

  • http://yahoo bob peters

    the gestapo tactics got an agent killed..Hmmmmm Lesson no. 1 americans are armed and will shoot back…Lesson no. 2..Treat the American citizen with a little respect ….Civil war is looming.. And just think,all those elitists have their little caves all prepared and think they will be safe from the ignorance they have caused…Communism is on the verge of defeating Capitalism…You let this all happen by ignorance…

    • http://www.facebook.com/kansas.bright Kansas Bright

      “all those elitists have their little caves all prepared and think they will be safe from the ignorance they have caused”
      True. They will leave those who are to defend them on the outside to die if they use germ or chemical warfare.
      A thought. What about if those “caves” are sealed after they enter? The apparatus that is used for targeting destroyed? Who would release them after what they plan to do? Not those still living. Sure they will last for a time, but the cowards that they are(remember Obama signed everything after dark, usually when all was doing something else like celebrating New Years, etc) will turn on each other to make the food and water supplies last longer.
      Ok, it is a mean thought… but funny.

      • 45caliber

        Another thought about all those elite people in their little shelters. Many plan to have small armed forces so they can conquer any survivors after such an event and rule. Personally, the moment the s*&% hit the fan, if I was one of those soldiers, I’d line up those “elite” people and shoot them rather than take orders from them. I wonder how many of those elites have thought of that.

  • old hillbilly

    A swat team… for 16 pot plants, based on a jilted bimbo’s tip, more likely than not mad about not getting more free dope??? This would have been a good job for the mail man & a certified mail summons.

    Our country is impoverished by millions of illegals ripping citizens off by taking citizen benefits, Holder protecting them, thousands of government workers encouraging the theft, gun running & murder at the borders, & a president glad handing trillions without a budget & proper authority to spend a dime. 300 million citizens and the most productive country ever are are being destroyed by government and “government sends in a swat team to bust a pot head!

    What’s magnitude of the crime have to do with anything anymore. Yep, we do reap what we sow!

    • http://www.facebook.com/kansas.bright Kansas Bright

      “… thousands of government workers … ”
      Remember they took the legally required Oath to “support and defend” the US Constitution, our legitimate government. Any aid they are giving those who have committed treason and murder makes them accomplices and liable for the same sentencing. But, but, they were just “doing their job” sorry, not a viable defense. But, but they were just “following orders”, again not a viable defense. They are NOT supposed to do any jobs that support illegal activities, not suppose to follow illegal orders.
      The US Military does NOT work for the UN, yet most of there orders originate there. Dempsey and Panetta are self admitted (as is Obama) traitors, yet their orders are being followed??? They need to be arrested. They said flat out that they get their “authority” from the United Nations and NATO. Yet here in the USA the only legally recognized authority comes from the US Constitution, and they are ordering, determining what our US troops do????

      • 45caliber

        Kansas:

        The US military officers give goals to their soldiers (“Take that hill!”) European officers give directions (“Do it this way!”) There is an ex-soldier from Conroe, TX, who was courtmarshalled because he refused to take orders from a Russian officer in Bosnia since he was supposed to be under UN orders. The government wants soldiers to obey European orders since they can and will shoot their own people … and our soldiers won’t.

    • 45caliber

      old:

      Some years ago I heard of a case in Missouri. A man came home from work to find his house totalled. There were holes in the floor and ceiling, the interior walls were all knocked down. Every piece of furniture was destroyed, his mattress was cut to pieces, his gun safe (and guns) were cut in half with a cutting torch, etc. (It cost 50% more to fix the place than it would to finish tearing it down and rebuilding.) When he called the police to report it, he was told that the BATF had raided his place on a “tip”. Insurance wouldn’t cover the damages because it was a legal government agency that did the damage.

      He tried to find out who had given the BATF the “tip”. He ended up in court to force them to tell. He won four times before they FINALLY told him that it was his ex-wife who was mad because he had gotten the house in the divorce settlement. (She had run off with another man but wanted the house and all the other stuff. The judge didn’t feel that she deserved it.) She had told the BATF that he had an automatic weapon (machine gun).

      A year or so later, in FL, a man got a call from his neighbor that police were breaking into his home. He rushed home to find the BATF searching his house – the same way. He offered to open his gun safe but they refused since they were supposed to use a torch. Again they didn’t find anything. The last I heard, he was still trying to sue them to find out who had given them a “tip”. I never heard how that one came out.

      You’d think that the police would suspect any ex-girlfriend or ex-wife of telling them lies, wouldn’t you?

  • Steve E

    I hope that the cop that was killed saw it to be worth dying over a pot plant.

  • Incredulous1

    Sounds to me like Utah needs to pass the Castle Doctrine. The pot grower might still be up on (stupid) mary jane charges but the dead cop would just be dead. Busting a pot-head should NOT require a SWAT team. And if there are any “good cops” out there, y’all need to realize, Americans will not tolerate this Gestapo feces for long. You might want to trade in that badge … got to be a better way to make a buck.

  • Sparky154

    No sympathy for the Gestapo whatsoever, we need to get some more of them.

  • Jim S

    My son is a police officer. He was on the SWAT team and his PD did the same thing. He would work a full shift, get off at 2300 or so and then have to go serve “drug warrants” until 0200 or 0300. He finally quit the SWAT team and is now a school resource officer.

  • TML

    First of all, this should once again serve as a clear understanding of why “knock and announce” (i.e. knock, announce, and break in) and “no-knock” raids should be absolutely forbidden.
    The dangers that such raids place on both officers/agents and the inhabitants of the home, far outweigh the reasoning cited to justify such raids (which is generally; to avoid allowing an alleged suspect to get rid of alleged evidence).

    Also, the allegations made by what can only be considered as a vengeful (ex?) girlfriend, does NOT constitute “probable cause” for the state or federal agencies. The claims that he cannot use “home defense” because the raid was “lawful” could be thwarted by attacking such vague basis on which the warrant was issued.

    That said; I’m curious how the event came to an end without the home owner being ultimately shot dead. This alludes to the idea that he eventually gave himself up peacefully which supports his claims of mistaken identity to support general self-defense, if not ‘home defense’.

    In the question of who shot first, I lean toward believing that the officers shot first, simply because testimony by both the agents and the Stewart agree that he pointed a gun around the corner, and I know of, nor have ever heard of, any officer not firing their weapon immediately upon such a sight. One also has to ask the question, were the officers repeatedly identifying themselves verbally up to the first shots being fired? Any identifiers of Police Officer on their uniforms are irrelevant if there was no line of sight prior to pointing the gun around the corner.

    In that, I will say, one of the most important rules of using a firearm is that you must identify your target. While I believe the responsibility falls upon the agents; Stewart also failed to call out for identification. Yelling out, “who are you?! Get out of my home or you will be shot!”… could have averted the entire crisis, even though that is not necessarily a requirement for him to be found guilty.

    The idea that this was all over a few plants of marijuana makes it even more disgusting.

    I think overall there should be no felony charges of murder or attempted murder.

    • 45caliber

      TML:

      I agree completely. The cops were definately in the wrong and I’m certain that the moment he pushed his gun barrel into view, one of them yelled, “He’s got a gun!” and they began firing. So he did have the drug. You can charge him with that. But the POLICE should be charged with 2nd degree murder even though it was one of their own who was killed.

  • rick

    Why do we allow law enforcement to break and enter a home in situations where there is no immediate danger to the occupants? Is it about protecting society or proving dominance?

    • 45caliber

      rick:

      I think the main reason is that after every police group in the country trained their own private SWAT team, they realize they really don’t have any use for them. How many times a year in your county is a SWAT team needed? Once? Maybe? Since they have the group, they need to put them to use, right? So obviously the way to do it is to send them out to break into houses that MIGHT have a criminal inside who MIGHT want to dispose of evidence by flushing it down the commode – as if such evidence can never be recovered if desired if it is flushed. They get good experience and if the homeowner gets shot, well, too bad. They still get good experience.

  • JDL

    I really don’t care what the good ole boys cop and prosecutors say, this man was within his constitutional rights. All the cops had were hearsay. Sorry a cop got killed, but he did this to himself. Obviously they were prepared for a gun battle and he wasn’t very good at it. “If you can’t stand the heat, stay out of the kitchen”. If I were to attack someone, I would expect just such a reaction. What did they expect, the pack mentality to win? Oops…sucks to be them.

    • 45caliber

      JDL:

      I think the cops are attempting to teach the citizens that you should NEVER have a gun handy if someone breaks into your house and NEVER attempt to defend yourself or your family if someone does break in. They have broken into numerous houses over the past year and have killed a number of innocent people. When that happens, it is “Oops! Sorry! Wrong place! We made a mistake!” Then they walk away.

      If they break into a house and the owner objects, then he is automatically guilty of all sorts of crimes such as aggreviated attempted murder. If he says he made a mistake, well, that’s too bad. He goes to jail.

      Until they start punishing the police who kill innocent people, I don’t think the home owners should be charged either. But then, if they did, they might end up with too many of their own locked up for murder. After all, in two recent police killings (the marine in AZ and the guy in FL) they shot them over fifty times. A couple of weeks ago in Houston, a man was killed because one of the cops thought he saw a laser light being flashed around and opened fire. And the cops were correct because the man had four guns in his house. Since he had that many he had to be up to no good!

    • Bruce

      to those “citizens” that will be on the Jury. Be sure they do not get a conviction. Simple.

  • SEIZUS

    WHAT ABOUT ALL THE PEOPLE THAT ARE MURDERED BY SWAT TEAMS, BECAUSE THEY CAN’T READ THE RIGHT ADDRESS! WHAT GOES AROUND COMES AROUND! THE GIRL FRIEND AND SWAT TEAM SHOULD BE CHARGED WITH INVOLUNTARY MAN SLAUGHTER! KEEPEN OILED

    • 45caliber

      I agree with you.

  • http://www.facebook.com/elton.robb Elton Robb

    “Bill: Its up to the states to enact their own pot laws and eventually rendering the narcs and Federal agents useless. Change is a slow process at least Washington and Colorado are moving the issue forward.”

    So, Eddie, are you a Libertarian now?

    • 45caliber

      No, he just likes drugs and wants them legal.

  • 45caliber

    I can go to several places I know ( shops) and purchase all sorts of equipment with “Police” written on it. I can buy all the same SWAT gear that the police like to use. Does it make me a policeman to wear them? No. So how am I to know if some criminals decide to come to my house and break in? So they start shouting “Police!” Criminals do that all the time. When they start shooting at me the moment they see a gun (or think they do) then as far as I can tell they are some criminal gang determined to kill me so they can rob my house and attack my family.

    If the police don’t want to be shot at when they break down a door, they shouldn’t break down the door. Instead, they simply need to come to my door and knock. When I answer the door (whether I have a gun in my hand or not) all they have to do is present a search warrant and they can look at anything they wish. Until they realize that this proceedure is meant for their safety as much as it is for mine, they should expect to get themselves killed – and I don’t appreciate being charged with numerous crimes because they were the ones who decided to violate the Constitution in the first place.

  • sw

    Hope he has a jury trial

    • JimH

      Hi sw, In Utah he would probably have a jury of all, don’t drink, don’t smoke, don’t do drugs, Mormons.
      They may let him off with the self defence, but he’s still in trouble for the pot.

  • zenphamy

    The militarization of our police forces can only lead to more and more of these types of incidents. Until the police uniforms become ‘clown’ outfits with the only weapons carried being a squirt daisy, we won’t be ‘served and protected,’ just abused and murdered. A search of the nation will reveal hundreds of these types of incidents, usually with the innocent, the victim.
    Why have we let our country and our government officials become what they are today? This is simply and outrageously wrong!! When do we get angry enough to stop it? After it’s our homes, it’ll be too late.
    Utahans on the Jury, NULLIFY this nonsense.

  • Bruce

    it is time for “we the people” to write a new law concerning the good ideas discussed on this site and then put it on the ballot. Then we would have the laws we want rather than waiting for the criminals (foxes in the hen house) in Washington to do “the right thing”. We could then quit wining about how OUR government is not representing us, and force what we want, and is right, to be law. End the drug war, and the war on our rights. Who would vote against it? We have a majority, but we do not have a group to represent that majority. Start the Constitution party, and work to remove all the Republicans AND Democrats from OUR government, and replace them with people who will represent the CITIZENS of the US. Who would oppose such an idea? Government workers, welfare
    folks.

  • Antonio

    If drugs were legal non of this B.S would have ever had happened…

    • http://naver samurai

      Keep them all illegal! FOR GOD AND COUNTRY! 하나님하고 나라를 위해서!

      You need both love of country and faith in God to be a patriot.

      “A patriot must be a religious man.”

      Thomas Jefferson

      • Antonio

        Only a stupid fool like Samuri loves a police state and its slavery. Samuri is good little slave and this is proven in his/her many comments by the constant use of the word “patriot” – one who zealously supports the authority of its government- a true slave…

        Well hopefully you will be one of those women who gets her tampon pulled out of her vagina in the middle of street while looking for some narcotics…Enjoy your police state baby boy and when a no knock raid comes your way you just remember I told you so….sucker.

        • sam1966

          You had to repeat yourself? Such an immature and less intelligent response, not even worthy of a response. FOR GOD AND COUNTRY! 하나님하고 나라를 위해서!

          You need both love of country and faith in God to be a patriot.

          “It is impossible to rule the world without God and the Bible.”

          George Washington

  • Dwight Mann

    Such sad commentary on life in these United States in these roller coaster times. . .

  • Arthur L. Brown Sr.

    samurai says:
    November 28, 2012 at 1:00 am
    Keep them all illegal! FOR GOD AND COUNTRY! 하나님하고 나라를 위해서!

    You need both love of country and faith in God to be a patriot.

    “A patriot must be a religious man.”

    Thomas Jefferson

    Reply
    Antonio says:
    November 28, 2012 at 1:43 am
    Only a stupid fool like Samuri loves a police state and its slavery. Samuri is good little slave and this is proven in his/her many comments by the constant use of the word “patriot” – one who zealously supports the authority of its government- a true slave…

    READ it again, Samurai did not approve of the actions of the POLICE, just the drug laws. Name calling because of difference of opinion is rather juvenile,
    I also agree that the drugs should not be allowed, and contend that the home dweller was wronged on the entry of the cops, if all happened as HE stated, the charged regarding murder, attempted murder etc. should be dropped and stand trial for drug possession and associated charges.

    • http://naver samurai

      When did I name call Antonio? None! What is wrong with keeping drugs illegal? Why don’t you google why they were made illegal and it wasn’t for governmental control. Users are losers and losers are users, so don’t do drugs, don’t do drugs. If a person shoots a police officer, then they should be tried for class A felony murder. FOR GOD AND COUNTRY! 하나님하고 나라를 위해서!

      You need both love of counmtry and faith in God to be a patriot.

      “We have no sovereign but God, no king but Jesus.”

      John Adams

  • Boyd Sharp

    The dude is in a world of hurt from the get go. Remember in court what ever the police say is the truth. Whatever the defendant says is a lie. They shot. He shot. He goes to jail. They bust into somebody else’s house.

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