The first two minutes of this video, which took place in Manteca, CA on June 11, 2011, are horrible and gruesome, a tragic example of a cop, Officer John Moody, gone berzerk, killing Ernest Duenez Jr. for no reason. It is a depiction of an officer who should be prosecuted for murder, but who never was. (This video was released about a month ago after the District Attorney\'s office decided not to file any charges against the officer.)
back on. YouTube: Contact me before removal. This is newsworthy, public-interest, and viewers can decide for themselves not to watch it.
Also, Ernest doesn\'t have a knife on him. And, for those who think because this officer, Manteca Police officer John Moody, said \"drop the knife\", anyone with any police training knows no officer would ever approach a person this way if there were a knife. That\'s part of the reason why the title of this clip includes the word \"murder\".
A few points to answer some of the commenters\' questions:
The knife you see on the pickup truck is only the knife another officer gave Moody to cut the seatbelt from Ernest\'s ankle.
The only knife found at the scene was found in the bed of the pickup truck, and nothing in the video travels from Ernest to the bed of the pickup truck. Witnesses place that knife in the bed of the pickup truck prior to any of this happening.
The claim that Ernest was wanted for any sort of domestic violence is outrageously false: The call pertaining to Ernest was from a guy who wanted Ernest gone for totally different, unrelated reasons. He told police Ernest carried a knife (never mentioned him threatening anyone with it), and said Ernest had been arguing with his wife earlier in the day.
There are so many other details, most of which I can\'t discuss, but know this: under every and any legal analysis, whether or not Ernest had a knife on him (and he didn\'t), Moody loses both in a criminal murder trial or a civil rights trial. That\'s why Willet is a fool not to prosecute him, and why Federal intervention is necessary. Not just Moody loses, but also the City of Manteca and former Chief Bricker, for both ratifying this shooting as being within policy of Manteca, and Manteca for having a policy that, according to its representatives, authorized the shooting depicted in the video. That\'s the legal analysis, the graham v. conner and monell standards are satisfied beyond any doubt by the video and the subsequent statements of Chief Bricker (no, it doesn\'t matter that there is a new chief).
Some commenters on here have quibbled over whether Ernest\'s background justifies the shooting. Some might feel politically inclined toward the officer, but that doesn\'t actually change the legal or factual analysis: Ernest\'s background does not alter the outcome of the legal analysis under any scenario plausibly derived from the video. And it shouldn\'t.
Finally, if Willet can\'t prosecute this murder then he should just quit, resign. Enforce the law, not the politics.
What a police state does exactly look like is what happened in the last few days related to this case. The Manteca Police were trolling the facebook page set up for the victim, Mr. Duenez, and found a post that said
50 rounds to your dome, Moody
(There are some reports that Officer Moody himself was the person who reported the post, but this is unconfirmed as best I can determine).
This resulted in Dominic Aguilar, the poster, being arrested for \"terroristic threats\" and, just yesterday, having a $150,000 bail amount upheld by a judge. That\'s right, $150,000 bail for making a third-person statement that could easily be construed as expressing wish, not intent.
Dominic Aguilar was arrested for felony terrorist threats because of a comment posted to the Facebook page. It read \"50 rounds to your dome moody.\"
And, oh yeah, the 1st Amendment be damned.
The Duenezes have filed a wrongful death lawsuit in federal court, and they hired Oakland attorney John Burris. Burris also represented the family of Oscar Grant...
Burris said the allegations against Aguilar are \"ridiculous.\" \"It\'s a freedom of speech question,\" Burris said. \"He didn\'t say he was going to do it.\"
\"It has to be an immediate credible threat,\" ((Tai Bogan, attorney for Mr. Aguilar)) said.
The following was recently posted on the Duenez Facebook page.
Law Offices of Tai C. Bogan
Mr. Dominic Aguilar is currently being representing by this office. We are going to fight for Dominic\'s freedom. We have been in touch with the ACLU and they will take a role in the case. This is going to be a long hard fight against the system. I am more than confident that Mr. Aguilar will be vindicated. We will not be charging Dominic attorney fees.
John Moody has already escaped prosecution. Now the Manteca police are out for blood, trolling the Internet on the lookout for anything they can use to arrest a sympathizer. They are attempting to cow allies by charging Aguilar with \"terrorist threats\", and all this to \"send a message\" to the Duenez family and their s