She was wrong and should have been arrested.

 

Nothing to see here

folks. Move on.

She is still calling for him to be fired.

 

Why isn't anyone calling for her to be fired?

 

Perhaps she still thinks his actions were inappropriate but realizes that she reacted inappropriately to his actions--thus the guilty plea. Sounds like the university agrees with her.

Perhaps she still thinks his actions were inappropriate but realizes that she reacted inappropriately to his actions--thus the guilty plea. Sounds like the university agrees with her.

They either agree or are folding to pressure after all of the incidents across the country the last several months. As soon as she made race became part of the discussion he was battling an uphill battle, then with what has transpired over the last few months it's not shocking that they decide this way.

 

I'm not saying that he should or shouldn't as I don't know what else they are looking at, but if it was just for this incident then the University is spineless. IMO

Last I'm posting on this for the week, then I'm going to be gone working for the rest.

 

I'm not campus PD (who at my last school mainly rode in golf carts and made sure no one broke into our cars while we were in class, but couldn't even do that well), but as someone who was still in law school when this went down, I can tell you that, in my opinion of the law, trial strategy, all that-- the kid made a stupid move trying to go for the felony charge given the tape that was out there, the 911 call that a civilian who witnessed the encounter made to report him, etc. Go back through the thread and look at the closed street he was citing her for jaywalking on. Look at the newspaper report about his hitting a kid who was a President's Scholar with a felony charge and that ruffling feathers too.

 

Sorry, just screams overzealous rookie campus PD who thought he was something he's now finding out he's not. He has people above him that he has to answer to and now he's answering to them. He drops the felony charge and this doesn't hit the news, he keeps his job, everyone goes on about their way. He doesn't, now the university is breathing down his neck and he sees how high he was in the whole power structure (and his Dad was a big time homicide detective in Tempe, IIRC JD, pretty decorated officer).

 

I say he's stupid because he didn't see getting himself into this whole mess coming from a mile away, and I've been pretty consistent on that, so there.

 

Reports of the FBI investigation that I've read only said that the office said no further criminal charges would be forthcoming based on the evidence available. Wholly different standard and burden of proof in civil courts, which I'm going to say Mr. Ferrin should go ahead and familiarize himself with considering he's probably going to have to sue just to keep his job and that he may be facing more after that.

So he shouldn't have charged her with resisting? Isn't that what she plead guilty to? Is there a misdemeanor assault he could have charged her with for kicking him and resisting arrest?

 

Street may have been closed as you have stated over and over but it was open to traffic for those businesses cars even drive past in the video, so I'm sure what your point is with stating that over and over.

 

FBI found nothing to charge him with, yet you still find him guilty.

 

As far as being a Rookie, should people not listen and resist because he's a rookie?

 

Did you say you were still in law school when this happened last summer?

So he shouldn't have charged her with resisting? Isn't that what she plead guilty to? Is there a misdemeanor assault he could have charged her with for kicking him and resisting arrest?

 

Street may have been closed as you have stated over and over but it was open to traffic for those businesses cars even drive past in the video, so I'm sure what your point is with stating that over and over.

 

FBI found nothing to charge him with, yet you still find him guilty.

 

As far as being a Rookie, should people not listen and resist because he's a rookie?

 

Did you say you were still in law school when this happened last summer?

 

 

Well, considering that the kid who was a President's Scholar said he was grabbed and didn't know who it was, that he jerked away because of that, and then he was facing felony assault of an officer too, and I think Stewart's definition might not really be what the spirit of the law intended ya' know? Felony assault on an officer is usually going to involve significant bodily injury for a conviction.

 

The kid has been on the job like 6 months. Two controversial, high profile cases. ASU refuses to release his disciplinary record. What does that tell you?

 

Kid is guilty of stupidity, screwed up, and like people who screw up, got fired. And while I don't think the Professor was entirely innocent, reading about the whole thing, which I've done quite a bit of, leads me more to believe that this kid wasn't exactly innocent in it either.

 

And yes, JD, I was taking my Bar Prep classes this summer, sorry if that's splitting hairs.

 

Just my humble opinion as someone who went to law school, who you'd think people would give credit on something like this, but the guy had little to no chance of making the charge stick and if he weren't in Maricopa County, Arizona, the DA probably doesn't even bring it.

 

Trust me, just wait and see how ugly this gets for the kid now that he's trying to sue the university and take it public. Maybe ASU changes their mind about his disciplinary record being released to the public. Maybe officers who were on the scene and have been silent about the whole thing give some testimony about what was said to begin the interaction before the cameras started rolling-- maybe some share stories from other times. Think he might have any more surprises pop up at his hearing?

 

This is a calculated move by the power structure of a major university, not some fly off the cuff campus PD who can't write a busch league jaywalking ticket on a street closed due to construction without winding up on Good Morning America.

Edited January 12, 201511 yr by JokersWild24

Why do you keep referring to the Officer as kid?

 

And he tried to write a jaywalking ticket. The idiot professor escalated everything.

Only reason I asked if you were still in law school is that you've mentioned your extensive dealings with police officers as a defense attorney in Houston. I was under the impression that you had been an attorney for quite a while and not a kid just out of law school.

 

Congrats on passing the BAR!

Awww, thanks big guy. Hopefully I'll have all of the knowledge and experience that you have one day.

Awww, thanks big guy. Hopefully I'll have all of the knowledge and experience that you have one day.

 

:thumb: I don't know about knowledge, but I got piles and piles of experience! :lol2:

Isn't it up to the DA to decide what charges will be filed? The officer writes his/her arrest report which lists the arresting charges upon which the DA may decide may or may not be prosecutable based upon the evidence. The officer has discretion as to what he arrests the person for or even if he arrests the person at all.

Isn't it up to the DA to decide what charges will be filed? The officer writes his/her arrest report which lists the arresting charges upon which the DA may decide may or may not be prosecutable based upon the evidence. The officer has discretion as to what he arrests the person for or even if he arrests the person at all.

 

Yes but that little bit of knowledge doesn't stop people from their crusades.

:thumb: I don't know about knowledge, but I got piles and piles of experience! :lol2:

 

Beats having the piles any day of the week.

Yes but that little bit of knowledge doesn't stop people from their crusades.

 

Right.. because it's not like the DA's decision is based on the officer's reports (as in, his interpretation of what part of the dashcam video we've actually seen). I mean, how else would they decide? I'm going out on a limb and saying that it wasn't because the DA contacted Ore's attorney and heard her side and filed the charges. Probably a little more likely that they heard Ferrin's account and only once the charges had been brought did they hear much from the other side, like a 911 call from someone talking about how aggressive Ferrin was being. That's just a wild guess though.

 

I'll stand by saying that if most people actually understood what felony aggravated assault actually entailed in terms of what you usually need for a conviction, they'd probably understand much more about the whole thing.

 

Looking at Arizona's Penal Code, specifically Section 13-1204, you can see what type of crimes that is usually reserved for. Terms like 'serious physical injury', 'temporary but substantial loss or impairment of any body organ', and provisions like attempting to take an officer's weapon dominate the code.

 

 

By the way, and an aside to this, there's now a $2 million claim being filed by Ore. It also lists the litany of charges she originally faced, some of which even one of the most aggressive DA's in the nation wouldn't bring.

 

 

ASU's position is that this incident wasn't the only reason that he was fired, saying:

 

"Ferrin was told on Wednesday that Arizona State University intends to terminate his employment effective Jan. 21, stemming from the incident last year near the campus and for other unrelated complaints, said attorney Mel McDonald.

 

 

Given that they wouldn't release Ferrin's disciplinary record during the initial investigation and that they are now citing other complaints in their reasoning for firing him, I think it's fair to say that this is just going to get uglier for him and that he's fighting an uphill battle.

Right.. because it's not like the DA's decision is based on the officer's reports (as in, his interpretation of what part of the dashcam video we've actually seen). I mean, how else would they decide? I'm going out on a limb and saying that it wasn't because the DA contacted Ore's attorney and heard her side and filed the charges. Probably a little more likely that they heard Ferrin's account and only once the charges had been brought did they hear much from the other side, like a 911 call from someone talking about how aggressive Ferrin was being. That's just a wild guess though.

 

I'll stand by saying that if most people actually understood what felony aggravated assault actually entailed in terms of what you usually need for a conviction, they'd probably understand much more about the whole thing.

 

Looking at Arizona's Penal Code, specifically Section 13-1204, you can see what type of crimes that is usually reserved for. Terms like 'serious physical injury', 'temporary but substantial loss or impairment of any body organ', and provisions like attempting to take an officer's weapon dominate the code.

 

 

You've said repeatedly in this thread that Ferrin charged her with felony assault which is 100% false. The DA charged her with felony assault and every time you say Ferrin did, you are completely wrong. As an attorney I would think you may be able to get that part right but apparently not.

 

And you're right, the DA may have charged based on just Ferrin's account but I find that unlikely. I'm sure he spoke to the other officer that was there to get his account of the situation. He probably also read interviews of witnesses. He may have had other information beyond what I've listed, I don't know. After all that, HE decided to charge Ore with felony assault.

 

Once again, Ferrin did not charge anyone.

 

But carry on with the crusade.