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Too little information to comment on. If the guy came out of his house aiming his gun at cops regardless if they were on his property or "startled him", not much more to say on that one. If he was so afraid, he should have stayed locked up in his home, pistol in hand, and dialed 911. Besides, who opens their front door without seeing who is out there first, especially if you were frightened that bad guys are outside...

 

Sounds like suicide by cop, and the family is trying to rub salt in the wounds by suing for a payout. After-all, they were responding to a suicide call...

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too bad they didn't cite the source of the information about what happened on the night of. for example, how do they know the officers approached with weapons drawn and shot him without announcing themselves? was that taken directly from the police report? doubt it.

 

and what moron uses an UNLOADED weapon to protect his home? "taking an unloaded Glock handgun he had recently obtained to protected (sic) himself and his home"

 

hi. my name is the dead guy's dad and i'm looking for a hand out.

 

jerkoff. i hate the attorney too.

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They did cite it, the notice alleges it. Therefore, the notice has to reference the claim, which more than likely will be a police report since this is a lawsuit against a government body. The only other way to win a lawsuit would be if it was all recorded on video or there were multiple witnesses of sound judgement and reliability.

 

As far as the unloaded glock, the logic behind that is most people are extremely intimidated by just the sight of a gun, however it doesn't appear that this guy took into account that these were Police Officers who were enforcing the law. As far as Im aware you can't legally take you gun out of your front door with it in hand while in a menacing manner (since he was opening the door and walking out to either confront or address the police, or anyone else for that manner).

 

Wolford was fatally shot once in the chest when he came out of his house and pointed a gun at officers who were responding to the call, authorities have said.

 

Basically he broke a lot of laws with that one, and since the gun was already in hand he was definitely an imminent threat. When he allegedly pointed the gun at the police, he was an immediate threat and the officers defended themselves. The fact that they didn't follow up with the caller has nothing to do with this. The caller indicated he was suicidal (whether or not those claims were legitimate remains to be seen) and when that happens any responding officer has to assume mental instability and that the individual concerned is a danger to themselves and possibly others (since they feel they have nothing to live for).

 

The way he approached the armed officers is why he was shot. They should not have shot him in the chest, but the fact of the matter is we are all (Military, LE, or civilian) trained to aim center mass and not to wound.

 

Still, there isn't nearly enough information to say one way or the other. The above statement is based on if all the information provided were all of the details involved, and as we all know that is rarely the case.

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There's absolutely no way for a cop to know if it's loaded or not. Even if the slide is locked back. If it's being pointed at him with the slide locked back, there's no way to see if there's bullets ready to be chambered. This should get tossed out.

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Here is my biggest issue with this one...

 

Carluccio alleged that the Ocean Township police chief did not adequately train his officers and instead allowed them to use their firearms in a situation that did not justify a show of deadly force.

 

In what situation is having a gun pointed at you, whether loaded or unloaded, not justifiable?

 

How about some common sense. It is an actual gun, not a super soaker , and you are lining up your sights at someone, this is not just a negligent muzzle sweep.

 

Crappy situation all around though. Justified or not.

But yes, you dont just run outside with a gun in hand waving at people.

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Here is my biggest issue with this one...

 

 

 

In what situation is having a gun pointed at you, whether loaded or unloaded, not justifiable?

 

How about some common sense. It is an actual gun, not a super soaker , and you are lining up your sights at someone, this is not just a negligent muzzle sweep.

 

Crappy situation all around though. Justified or not.

But yes, you dont just run outside with a gun in hand waving at people.

 

 

Especially people that have guns.

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Very typical of todays society....everyone else is wrong and only your thoughts/opinions/actions are right. The poor LEO's of this state AND nation have tough jobs these days. They are damned if they do and damned if they dont. Had a nice long conversation with a Trooper the other day about this same thing.

 

If the truth of that matter is that the guy came out pointing his weapon the waretown police did their job to protect and serve. These guys, in a situation as this, cant stop and think, " is it loaded is it not?" "will I get fired for this and loose my pention?" They have to do what they are trained to do. The second they stop to think these things is one second too long. But society is pushing n pushing LEO's to the point that something terribles gunna happen. Look at the Trenton incident a few weeks ago. Those guys were doing their jobs too and will probably get suspeneded or fired for it....sad....very sad.

 

-Scott

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This is extremely sad. I hate to say it, but within our lifetime I think we will see a police department switch from guns to less than lethal measures for taking down suspects. It's a sad day when an attorney is suing because some crazy nutjob decided it would be a good idea to point a real gun at police officers. And another thing that bothers me.....how does this attorney know that the decedent was sleeping when the cops arrived at his property, and that he was woken up by his dog?

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These cops have nothing to worry about except boredom and the fact that who ever pulled the trigger now has to live with the fact that he took a life. It doesn't matter that he did it rightfully and to defend himself, he took a life and that will stay with him for the rest of his. Added to the fact that this could have been avoided (by the deceased, not the police) due to the unloaded magazine and it makes it even worse. The officer did everything he was suppose to do, but in the end sometimes that isn't enough for the person who has to live with the facts. I feel sympathetic towards the officers involved, this should have never happened.

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On a legal note, the filing of a Tort Claims Notice does not necessarily mean that a suit will be filed. The NJ Tort Claims Act requires that as a precursor to suing the State or other public entity, you must provide notice within 90 days of the incident in question. Many times, 90 days isn't enough to get a real idea as to the liability in a case so an attorney must allege everything he can. I agree that this one doesn't sound like it's going anywhere.

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sounds to me like 'suicide by cop'

 

Definitely agree. Cops called because friend believes he is suicidal.

He then comes out of house and points a gun at the cops.

 

Is there really any surprise at the cops actions?

 

The cop should be reinstated as soon as he is psych ok'd.

By this I mean once he can cope with having killed someone, get him back on duty.

I don't see him or his partner as having done anything wrong.

 

Now as to the ambulance chasing lawyer, what a POS.

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