In 2016, a federal apellate court panel overturned a U. S. District Court's ruling to dismiss the wrongful death and excessive force charges filed against FPD, Officer Maxwell Soeth and Sgt. Charles Ellebrecht.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JERRY NEWMAKER; SUSAN
OLESEN,
Plaintiffs-Appellants,
v.
CITY OF FORTUNA; MAXWELL
SOETH; CHARLES ELLEBRECHT,
Defendants-Appellees.
No. 14-15098
D.C. No.
4:12-cv-04675-PJH
OPINION
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, Chief District Judge, Presiding
Argued and Submitted March 14, 2016
San Francisco, California
Filed November 22, 2016
Before: William A. Fletcher, Johnnie B. Rawlinson,
and Andrew D. Hurwitz, Circuit Judges.
Opinion by Judge W. Fletcher
Let's allow the investigation to proceed and provide valid sound information before we get lynchy and search for a forked tree.
ReplyDeleteI wonder if you'd feel that way if it was a member of your family on the other end of flying bullets. Perhaps Officer Soeth can come patrol your neighborhood?
DeleteWe need to start backing our law enforcement! There has been alot of disrespect towards them recently which seems to be a growing fad. Officers are getting shot just sitting in their patrol cars for absolutely no reason. People need to keep in mind a lot of these officers were prior military and they now are serving and protecting us on the homefront.
ReplyDeleteThis "cops are all bad" attitude needs to stop! Our children are watching and listening to rap music, video game and hollywood propetuate this crap. So let's lead by example and back the blue and all of our first responders. These hero's put their lives on the line for us everyday.
I'm amazed that we even have any young people wanting to go into this profession at all anymore.VERY SAD!
I'm sorry I will not back any person that I know is in the wrong, just as I will support any person I know is in the right, and I will give the benefit of doubt in the event I'm not sure. These officers were in the wrong, they know it and are telling lie after lie to try and justify their actions. They could have killed someone, you'd have never known by the way they were laughing and carrying on. You talk about respect and how a lot of these officers are prior military, who are now serving and protecting us on the homefront. We are not talking about a lot of officers, this is about three Humboldt County Sheriff Deputies, who on Friday July 15, 2017 at approx. 10:00pm rolled upon the night watchman as he was parked on Martin's Ferry bridge, doing his job. The deputies did not make it known as to who they were, no flashing lights, no sirens, nothing to let the night watchman know who was approaching him. I believe the officers did not want the night watchman to know who they were, turning on their patrol car high beams and using their spot lights, they blinded him. They are lucky they did not kill him!! I don't care if these officers are prior military, or the president of the u.s Respect is given when and where respect is earned. As you said our children are watching and what they see is that the very people that they are supposed to be able to trust to protect them, are the very people they need protection from! Young people don't want to go into this profession because it is no longer an honest profession...one that symbolizes justices, pride, and good.
DeleteThe guy admitted to pointing a gun at them..the gun was not registered to him and he did not have a CCW. This seems to be an obvious to me, but just curious what do you think the deputies should have done under those circumstance?? which are un deniable facts???
DeleteOh and what "lie after lie" are they telling?? Where you there??
DeleteFor starters.. The Sheriffs Dept. does not just patrol this area, They don't even come when we call They pass the call to another law enforcement agency. Are you familiar with this area? If you are then you understand why a lot of people carry guns. We see more bears than Sheriff deputies around here! No I was not there when Dick Robbins was shot, I was there shortly after. I was there to hear the officers laughing, carrying on despite the fact that could have killed a man. I was there to see officers roaming about what they were calling "an active crime scene"
ReplyDeleteAnonymous1, for starters, your opinion or bias does not = facts. In the past, there may not have been patrols, but as stated at yesterday's press conference, increased presence by deputies was one reason for HCSO to be in the area. One deputy was being trained and is expected to be assigned in that area. Another point is that if Robbins thought this was his cousin, why pull and point a gun?
DeleteThe Sheriff's vehicles were marked, they had to yell twice before he listened and was no longer a threat. He has prior issues with law enforcement and this investigation is not over, yet. Speculation on your part adds nothing to the truth.
John, According to the press conference yesterday "As a matter of routine our guys, we try to get up there once a week to patrol that area." As I said the Sheriff's department does not come when called, they will send someone out the following day or will pass the call to another law enforcement agency.
DeleteThe Sheriff vehicles were marked, head lights and spotlights made it impossible to see those markings.. The picture above was taken at day break, in fact the majority of the slides shown at the press conference were taken at day break and do not show the crime scene as it truly looked.
Anonymous1, you selectively quote one sentence of the press conference out of context, and ignore what I said about them being there for training, increase in patrols, and a deputy being there. That was also said at the press conference. Were you at the press conference?
DeleteThe rest of the comment is your opinion, not fact. It is not what the current situation is. You keep repeating the same point. Why? It is clear you are biased in this situation.
Only media, HCSO staff and two Supervisors were at the conference. I doubt you belong to any of the above and if you are the one member of media who does not regularly show up but were grilling Sheriff Honsal, then you should not be anonymous nor be covering a topic you cannot be objective about. You could also just be a tribal member, a family member or friend of Robbins. Were you at the incident? No. Then stop stating your opinion as facts. George Robbins is not some newbie to law enforcement. He has issues, see my update about his 2014 incident. Who just pulls a gun, mistakes a Sheriff's marked vehicle for their cousin, and does not comply after being asked twice to show their hands? There is a reason he did not have his own gun and was not licensed.
I covered both Cpl Soeth's past as well as George Robbins.
It seems that this officer is trigger happy as are so many. That is the main reason why many want to be a police officer. To have a gun, wield power and have what they think should be instant respect. If you don't live or have ever lived in this area then you are talking out your butt and are irrelevant. You cop apologists need to shut up and stop swathing them all as the "best of the best". There are very bad ones out there and they are the ones under scrutiny.
ReplyDeleteWhat an ignorant post! SMFH!!
ReplyDeleteHow about you just never call the cops again then when you have any serious issue..
Just an fyi: I'm sure there are easier ways to have a gun and "wield power'..lol. If thats your theory on law enforcement you have serious issues.
Just sayin...