What a year, and how life can turn on you. As some of you know, I was a police officer for 16 years. I was highly decorated, and never once was reprimanded for anything. I never fired my weapon, and never owned any guns, even as a cop. I do not hunt, and would not consider myself a gun enthusiast. However, I understand all points of view, and do believe a weapon is necessary for protection, as do most all cops. Following my career as a police officer, I went to work for the company that was awarded the contract for rebuilding Iraq. I won't mention their name, but their the worlds largest engineering & construction company, based in San Francisco. I was the armed "security specialist" for the CEO & Board of Directors. I am SWAT trained, medically trained, and counter terrorist trained. But my story has nothing to do with the above..This could of happened to any of you..

On July 4th weekend of 2003, (last year) I went to visit my son at college in San Luis Obispo, Ca. Following a weekend there, I returned home via US 101, thru Salinas, CA..Unbeknownst to me, Salinas has a very bad gang problem, averaging a murder a week. I was in moderately heavy traffic when a small car tried using the shoulder of 101 to pass. I didn't see him until he was next to my passanger door. I heard a "bang" that startled me. I couldn't see who was in the car, as they were below the passanger door. I moved away from the car, and it pulled in front of me. In doing so, he caught my brushguard with his rear bumper. He spun himself out in front of me, now facing me. I saw three individuals get out of the car, all dressed in black with hooded sweatshirts. They pulled their hoods up, and pulled their hands into the sleeves of their sweatshirts, and pointed at my truck like they had weapons. I ducked behind my door, and reached for my 9mm on the floor. I was waiting for the bullets to come thru the door, then realized I couldn't see what they were doing. So I peered around the door, and saw the three walking toward me in a crouch. I stepped out and fired one round over their heads, into an adjacent hillside. Realizing I was armed, the three ran away. I waited for the police to arrive.

When they did, I told the investigating officer what had happened. We found a dent on the side of my truck that was the "bang" I had heard. The car had no plates, and the police thought it might be stolen. They said this "happens all the time down here..." The investigating officer never once wrote down anything I said, nor did he record it. This would prove to be a major downfall for me. As all cops know, when involved in a shooting of any kind, you only speak to the investigating officer. This too, would come back to haunt me.

Three weeks later, I called the officer to see if they had found the three involved persons. I was told they had not. I did not hear from them until November, when I was informed that I was being charged with assault with a deadly weapon.

At trial in December, the police said it took them 6 weeks to find the driver, an illegal alien gang member from the Salinas area. He told a story of how I "terrorized" him and his two companions. When the police asked him who his companions were, he refused to identify them, and said they had returned to Mexico. The police believed his story, never once questioning why he never came forward, or called them to say what happened. Most shocking, they never made him identify his companions who pointed what I believed to be a weapon at me. The officer who I gave my statement to was fired in the meantime, and was never called to testify. His place was taken by a hispanic Sgt, whom I didn't get along with, nor did I tell what had occurred. This too would prove bad for me, as he testified that I had given my statement to him. Some cops can make you guilty if they so desire. I learned that much.

One of the several witnesses told the court that the passangers pointed what looked like a gun to her, towards me in the truck. This would confirm what I said. Other witnesses said that the car was driving recklessly, and passing on the shoulder. Not one said that I had done anything wrong.

In the end, a jury found me not guilty of assault with a deadly weapon and reckless driving. But either being confused by the system or figuring since I was charged, I had to be guilty of something, they convicted me of negligently discharging a firearm. They were not allowed to consider a defense of self defense. This is a misdemeanor in most cases, unless someone is injured or property is damaged. Neither was the case here. I hit the hillside. The bullet was never found. I was charged with the felony section, presumably because I was a ex cop. At sentencing, the judge threw the book at me, gave me 90 days in jail, and three years probation. That isn't the worst. I lost my job of course, all my licenses & weapons permits, and I can never own or be near a gun. Nor can I work in my former career field.

While in jail, the police all knew what had happened, and most were sympathetic. I recieved an anonymous note from one that said the Sgt knew someone who knew me, from my past as a police officer. This Sgt apparently was told to "hang me" by this person, according to the note. I gave it to the internal affairs dept, but I don't expect anything to come of it.

Besides the cost to my career & reputation, it cost me 12,000 for an attorney, and the loss of my job. I'm slowly putting it behind me, and trying to put my life back on track. I relocated to Idaho, near Boise, in a little village called "Eagle". I really like it here, and I'm glad to be back.

So my lesson is...even when you're 100% in the right, things can go 100% wrong. People from your past can come back to haunt you. There is a political faction afoot in certain areas of California that consider some to be a protected species. In post Rodney King California, anyone who fits the catagory of protecting yourself will pay the price for doing so. All of the above info is in the court records in Monterey County, Ca..This is a true story..

TOP, if you feel this story is inappropriate, feel free to delete it. I just wanted to share the experience.

 

Words can't express what I'm feeling right now... outrage, sympathy (for you), shock, and proud for you, being able to keep your head up.

Yet another reason (though it could surely happen anywhere) why I will NEVER live in California.

 

California sucks! I guess the lesson I take from this is that it's a bad idea to pull a gun and not shoot the BG. Also to not say anything until you have a lawyer.

 

im in shock that happen to you
thats just so wrong....

lost for words....

 

Thank you for sharing that story. As someone who owns AND carries guns it is good to read stuff like that....although extremely unfortunate for you of course.

You're alive though. The whole event could have turned out much differently had you not had your weapon with you. Although, drawing and pointing at them without firing over their heads may have saved you from all of your troubles.

 

Thanks for the update.
WOW,...that's about all I can think of to say.

Keep your head high, you did right, even if things worked out crazy.

Welcome back, you're among friends here.

Ed

 

FMF MX,

Your situation is almost unimaginable. What a nightmare. At the point when they were crouched down coming at you with what appeared to be weapons, you would have been in fear of your life. In Florida, (where I live) you would have been able to use deadly force.

Politics is not suppose to enter into judicial decisions but, as we all know, it does. It appears that the judge that passed sentence on you was more than likely anti-gun.

Like the previous post said I'm glad that you've bounced back from this situation, and was able to move on.

My best to you
AM

 

I live in SLO county, and yep, good old boy politics run rampant here. from crooked politicians to cops, we have it. I doubt Salinas area is much different. yes California has become a melting pot scumhole. The innocent are guilty and visa versa. People here are braindead with there tollerance attitude, BS to all of it. It blows me away to see the ignorance of some of the residence here.Sorry to say,even my folks have gone soft. My pop once was like Archie Bunker, now he just goes along with the rest it seems. They are a bunch of left wing girlie men who will lie down for anything unless theres $$$ involved. Im a little hot as you can tell, because I see this all day. parts of this county are the scum holes of the world, and I came from LA originally where I was raised, never to return. Everyone here acts like thier a gang banger, If I didnt know better I would think this area has a massive head lice problem cause everyone is bald. Goodwill has become the place to shop for stylish clothing,10 sizes to big. Some people need a good butt kickin to see the light but will never get it. I feel for you and your issues and I an glad to see your holding your head up. Hang tough!!! Has Idaho been destroyed yet?. Im waiting till my dump of a home is worth 1Mil then were gone, far away from these idiots.

 

sorry to hear about your misfortune ...

my wife and i both have concealed carry permits and stories like yours concern us greatly ...

but in the immortal words of the gentlemen who taught our cc class

"it's better to be alive and in trouble with the law than dead"

 

My feelings exactly. This is complete and total BS. I can't stand california. No offense to anyone who lives there.

 

Really sorry to hear about your episode......Even though you are paying for something you don't owe, it could have been worse.

Sounds like they intended to do you bodily harm at the least, best to be safe than sorry.

Good-luck in the future!

 

Ditto to what Shovelhead said.

Best of Luck from here on out, buddy.

 

Thats just one more reason to stay far far away from Kalifornistan....

 

The injustice of this situation leaves me speechless. All the best to you, and welcome back, FMF MX. If you would like, we would all be interested in how you are doing. We are all pulling for you.

DeWain

 

Almost unbelievable injustice. Model citizen and decorated officer - going to jail? And thugs run free.

Something is DRASTICALLY wrong with our society.