The officer, Trever Dalton, 50, is facing one year in jail and 36 months of formal probation, according to the Ventura County District Attorney’s Office.
*****
He got only a year in jail and 36 months probation for shooting his neighbor while he was drunk?
One can only assume that the neighbor was a Republican.
ReplyDeleteHe claimed PTSD. So he was active duty with the alleged PTSD? Are there any records that he sought treatment, or spoke with his supervisors regarding treatment, or that he was assigned treatment, or that he took, or was given, leave for treatment, or that he was resssigned (temporary or permanent) with respect to the alleged PTSD?
ReplyDeleteHe was found guilty on all charges yet he was allowed to resign more than a year later, after having been found guilty? I doubt him being found guilty was a surprise to his employer. Any word on reduction in rank or pay or pension? Where will he be incarcerated?
Will we read about the massive civil suit to come against him and the department?
Drunk while brandishing a firearm, let alone actually shooting a guy in the back. What time do you think you are me would get?
According to an article in the Ventura Star newspaper, Popescu filed a civil suit in November, 2018.
ReplyDeleteHis attorneys allege 18-22 incidents of misconduct by Dalton in roughing up various private persons and threatening false arrest, including forcing at least one citizen face down on the ground.
This event includes Dalton hitting Popescu with his bicycle and threatening to arrest him. Dalton broke contact then came back and drew his weapon from an ankle holster. One bullet fired by Dalton narrowly missed Popescu's wife.
(I guess that bullet over penetrated then carried on to nearly strike his wife.)
Dalton had been with the CHP for less than eleven years. Yet he had at least 18 incidents of misconduct in that time. And the department knew. That may be a reason why Dalton was transferred to another station then returning after a couple of years. That is speculation on my part.
Popescu's attorneys are trying to get the CHP personnel file on Dalton. CHP is not cooperating even though CA state law allows it when an officer, on or off duty, fires his firearm.
Hilariously, Dalton is representing himself in the civil suit.
I have an uncle who worked 27 yrs at Ventura Sheriff. The last 15 yrs of that time was dealing with internal matters. He said most of his time was spent on investigating gross charges of misconduct by deputies.
Uncle also became an expert witness in trials with deputies and police officers named as defendants. He was deeply troubled by the light sentencing even though massive evidence of guilt against the defendant.
The general prison population will take care of things for the you, unless he’s segregated.
ReplyDeleteIf I'm not mistaken, since his sentence is one day less than a year and a day he will spend time in the county jail, not a state penitentiary. And if that's true it's exactly why the judge sentenced him to only a year.
DeleteThat's the way it was when I was in California and it's the same way here.
Delete18 U.S. Code § 1113 - Attempt to commit murder or manslaughter
ReplyDeleteExcept as provided in section 113 of this title, whoever, within the special maritime and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both.
Edit: Unless you're a cop, and shoot somebody in the back while intoxicated. Then it's only a year in jail, and probation.
Even though it was an off-duty cop in an emergency situation (no power) that would be considered on-duty, and he even though he represented himself as a cop, the court considered him not a cop. So there. You can't sue the police, even if his supervisor knew the cop had history of being out of control and was an alcoholic.
Thugs of the crown.
Case:
https://casetext.com/case/popescu-v-cal-highway-patrol
Regardless of what this judge said, Dalton was on duty at the time of the shooting.
DeleteThis is because a brush fire (Thomas fire?) was out of control and headed towards the community. That event caused all law personnel to be immediately recalled to duty. This was in effect at the time Dalton shot Popescu.
It is nonsensical that a deputy can be both on duty and off duty simultaneously. An explanation for the decision by the judge is because he acted to protect criminal defendant Dalton, guilty on all charges.
The judge must be investigated, irrespective if he too was off duty while on duty.
Moot points all. In a just world the defendant would be tried for manslaughter or more appropriately second degree murder. His status as a cop should have nothing to do with the prosecution of the case, as a man is dead and he killed him.
DeleteI do agree the judge needs to be held accountable merely for the fact he showed favoritism in sentencing this criminal with a badge who had nothing but a lame-assed excuse for his actions (PTSD). If he couldn't stand the pressure of being a California Highway Patrolman he should never have become one in the first place. Or his Brothers in Blue should have pointed out that this Brother was a ticking time bomb. Fat chance.
Even though being shot in the lungs and in the liver, Popescu did not die.
DeleteWhat did happen is after he was shot, he went inside his home. His pre-teen girls got to watch poppy bleed on the carpet while waiting for EMTs.
Some animals are more equal than others...
ReplyDeleteEd