On September 12, 2006 during his lawful duties, fellow DeKalb police officer Torrey Thompson was forced to make a life or death decision. For this, he was indicated by Gwen Fleming, our lustrous District Attorney, for felony murder. (Click here for The Case for Torrey Thompson)
On April 12 2010 at 10:00, Torrey's defense will be argued in front of the Georgia Supreme Court. We ask that you prepare to support Torrey in his efforts to defend himself. Details are pending.
Please take the time to read the appeal filed on behalf of Torrey. Anyone one of us could face this same scenario as soon as your next dispatched call.
Be safe,
DeKalb Officers
Click here for Georgia v Torrey Thompson/Brief of Appellee
Click here for Motion for Immunity from Prosecution
Friday, March 19, 2010
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28 comments:
This is sad. What can we do to support him?
Gwen is a joke! She chooses to go after this officer after letting career criminals repeatedly skate?
Look at the same criminals that we arrest over and over and what kind of sentence do they received. Usually its probation and no prison time. Guess what they are preying on somebody as soon as they are released.
The D.A. Office will tell you that it the judges who make and hand the sentences. Well lets hear the D.A. say that this is what happens.
They will never do that because unless its a slam dunk case its a Plea Deal. We need someone who will put these criminals in prison.
Have you ever looked at the D.A.'s husband and all the lawsuits pending against him. You would love when they cannot serve him because of bad address.
Then look at his brother and how the county supports him at the county run farm. He uses that address for all his business transactions on there businesses.
But we live in DeKalb and its expected to be this way of political corruption.
We need a special sub-section here devoted to the DA's Office's pathetic handling of cases. Things are never going to get better unless the public finds out just how bad our DA's office is!
When you have perps with over 15 felony arrests in 3 years, but haven't spent a single day in prison because the DA's would rather "nolle pross" cases than actually earn their paycheck, THAT is criminal!
This is crap and I wish Torrey the best!
I am a little annoyed his attorneys got Stepnowski's first name wrong in their motion. I hope the rest of it is good.
This is sad? No, it's a travesty. Gwen is a joke? No, she is disGUSTing. (What's in this for HER???? Hmmmmm...)
We can no longer work hard and live in peace, for fear of becoming a victim to some degenerate who only runs from police if they have something to hide. They deserve what they get. (Maybe if someone had done something about that loser who killed the kid in East Point MARTA station, that PRODUCTIVE member of society would still be alive today)
What is happening to our society, where the criminals seem to be getting more consideration than the brave men and women who are willing to fight against them.
This story makes me nuts - Ethel, come have a drink with me. In meantime, I just say EFFYUO Dekalb CEO, Commissioners, AND Gwen. You all SUCK.
And please do help with suggestions on how we can show support for this young man. I pray that his life can soon return to 'normal', and leave this behind.
Ima Citizen
Im so appalled at this story that even Ethel wont comment on it, but I will.
This makes me sick to my damn stomach officers called to for help just to be hung out in the wind.
Torrey didnt ask to go there he was called there along with Lee to protect the citizens of Dekalb.
Once there they were confronted with a piece of crap in our society, that to be honest was only on this planet to suck up good air that he was denying descent citizens.
We all know it so why not say it, there are people in this world that serve no purpose in life other than perpetrate crimes on the weak.
Its takes strong men such as Torrey and Lee to defend your rights because you cannot yourself.
You simply pick up a damn phone and dial three simple numbers 911.
There you have done your part, now let us do ours.
Now our job may come in the form of an ass whooping, or sending your sorry asses to the gates of hell, but the choice lies with you.
You make your own future, if you cant then police will help you along in the process with a smile on our faces.
Officer Thompson I wish you the best with your case and will even say a prayer for you.
But I also know I owe you a debt of gratitude, for if it were not for your actions myself or another officer would run across this waste of human flesh someday, who would endanger our lives as well.
So I say thank you for taking care of a problem in our society, so that my children will have one less problem to worry about while growing up.
This is scary. Why wasn't Torrey given his rights under Miranda, only to have his statements used against him for a murder charge?
I just lost a lot of respect and trust for our detectives in Major Felony. Respect for Keyes was burned a long time ago.
Rules to live by:
1) Before answering questions from anyone, ask for them to unequivocally state whether this is being asked from a criminal or internal administrative standpoint. Detective, explain your role and put it in writing.
2) Assert Garrity multiple times until they tell you that doesn't apply...at that point, ask for Miranda and a lawyer.
Garrity only applies to statements given to Internal Affairs. You either answer IA's questions, or you get fired, so that isn't consider "free and voluntary." What you tell IA cannot be used against you criminally by Major Felony or anyone else.
But what if you're being questioned by Major Felony? I'm not sure if they have to read a cop their Miranda warning if they're being questioned criminally. I've been told they don't. Does a cop really need to be told what his rights are?
To Anon #10: Your comment probably ranks in the top 10 of the stupidest comments in the history of this blog.
"Does a cop really need to be told what his rights are?" What kind of moron are you? Are you even from this planet?
Using your logic, do repeat offenders really need to be told what their rights are? Oh, wait even better, because a detective knows how to complete a search warrant, do the police really did one before they kick in his door?
What is really scary is, people like you are allowed to serve as jurors in the court of law.
Excuse me, but I must have missed the asterisk at the bottom of the Bill of Rights "except police"
If your little sister wasn't reading this, I would really tell you what I think!
God help us all!
Slamin Ehtel, I need to be slapped to calm me down!
It is the officer's responsibility to know the difference between Miranda and Garrity. When an officer has been involved in a shooting or any line-of-duty death, he MUST assume that he is a suspect, or may become one. Actions with Major Felony and IA must take that into account. Anybody who mirandizes you is not your friend, regardless of how they appear. Major Felony wants to clear the case and IA wants to hang the officer so that the Department is protected. They use all the same interview techniques on us that we use on the street...why an officer forgets that is something that is never going to be explained. If he had waited to be interviewed by Major Felony, what could they have done to him? Same for IA..."I want to be as helpful as I can be, but I am really upset over this. I will speak to you tomorrow when I am calm. That way, I can give you a good statement..." Garrity protects an officer during an internal investigation, but what if the officer speaks to the IA investigator within hearing of a Major Felony detective? Is that statement admissible for the criminal part? I don't want to be the test case to see.
Just my 2 cents.
Maybe my choice of words wasn't good enough for Anon #11. However, the idea is still correct. Cop or not, if you're not under arrest, you don't have to be read Miranda.
But then, cop or not, if you are a witness, Major Felony can't compel you to answer. How many witnesses do we get that are standing in plain view of a crime, then CRS when the po-po show up?
Miranda applies to every person arrested in the US. Employment doesn't effect it. If you are arrested, it applies. Why do you think that CID gets their Gucci panties in such a knot when a Uniform officer mirandizes a perp before taking them to 34? Once the warning is read, regardless of WHO reads it, it counts. If the perp gets to CID and wants a lawyer, questioning MUST stop until counsel is present. Tom Stewart can jump up and down and beat his...chest all he wants, but if the perp stays quiet, he can't be questioned until his lawyer is there. The US Constitution is kinda funny that way.
Has it ever occurred to anyone that Thompson got himself into this mess. If I'm involved in a shooting on duty I want to give a statement. I want to explain, in great detail, how this suspect was a threat to my life, my fellow officer's lives, and to the lives of the public. I want to explain, once again in great detail, why I didn't have any choice but to take the suspect's life to defend those people. I can only guess that since Thompson's defense is trying to suppress his statement; that he must not have done a very good job of explaining those things.
Also Don't forget that a police officer has the right to testify for himself before the Grand Jury when the DA presents a case against him. As far a I know Thompson did this. How are you going to blame the DA, or IA, or Major Felony if you can't look the Grand Jury in the eye and convince them that you were justified.
I'm not happy that Thompson was charged with murder but if YOU take someone's life in the line of duty its up to YOU to articulate it. If you can't, no matter how right your are, you are going to have problems just like Torrey Thompson.
Remember he shoot at a man before identifying if there was a threat then gave chase shooting repeatedly at the man. How can someone be a threat running away without anyone seeing a weapon? How can you shoot at someone running into the wood that hasn’t harmed anyone? We can shoot at fleeing suspects if they are a threat (i.e. suspect kills lady then decides to start running towards a crowded school where there are students inside, now the suspect is a threat to the public at that time you can probably can get away with shooting someone in the back several times as they flee but into the woods without a gun and every officer on scene knows his name and DOB be serious). Thompson did not articulate well because you can’t articulate hunting someone down and shooting them several times without ever feeling threaten no matter how many statements you give. I can’t Monday quarterback anyone else’s situations but come on guys lets take away the fact that he was a fellow officers and look at the totality of all the facts. I guarantee you will see the light and see Thompson wasn’t all right. You can listen to these new 3,000 badge numbers on here that say they won’t give Major Felony a statement all you want to but I was in a situation where Major Felony got me out of a bad situation because I gave them a statement and they followed up with it with a good investigation. Remember when you get into a shoot out there are hundreds of perp witnesses that don’t like the police and about 20 detectives working on your side. Think about it who will look out for you, "Pookie" on Hambrick Rd or a Detective on W. Exchange Pl investigating the shooting? Another thing I get tired of everyone saying they can articulate everything well most officers can’t write a report with the elements of a crime in it. I check reports on a daily basis and think to myself these guys can’t articulate taking a piss on a good day but Major Felony can help you put certain things into words so it makes sense to the DA’s office and the Grand Jury without you getting indicted.
Aw geez. Ima Citizen thinks you're a turd. What's going on in the streets is no joke, and I'm glad that he took out a criminal who was an accident waiting to happen. Probably on his way to my house to grab that flat screen TV. You need to go have a drink with Ethel, and I will look the other way if she decides to smack you down. That's my story, and I'm stickin' to it.
Funny that someone who struggles quite a bit with basic English grammar is so quick to criticize the reports officers turn in. And why so defensive of the case made against Thompson?
I don't know Thompson, this is even my first time hearing of this case and from what I read on the documents he fired 10 shots. Now my immediate reaction is: that is an extreme amount of times to fire at someone-even a perp; UNLESS the perp was armed and also actively firing at officers. From what I read though, I didn't get the impression that the perp was armed. HOWEVER, I do not believe that FELONY MURDER is the appropriate charge for Thompson. I am deeeply saddened (and now a little untrustworthy) of the DA's office, Major Felony and IA. This may force some officers to think twice about pulling that trigger. ...what can the department do that will help??
His lawyer is trying to get his statement supressed for a reason.
His lawyer is trying to get his statement suppressed like all lawyers do for their criminal defendants. I'm glad Torry took out a perp and saddened that he has to be prosecuted. But the fact is, you can't chase an unarmed fleeing perp and shoot him (Tennessee vs Gardner) Dont you idiots remember that in the academy. Torry is a Marine with the military mindset and that hurt him here. The DA's office is stuck and has to go forward with the case. This is no different than one civilian chasing after another one with a gun. Get over the fact that just because you wear a police uniform, you can't do whatever you want!!! Torrey needs to accept responsibility and move on with his life.
You can't shoot a fleeing suspect unless his fleeing places your or others in immediate danger.
I haven't read the report, but didn't the other officers yell at him to shoot while the suspect was fleeing?
If so, I would argue that he fired because he assumed his fellow officers knew something he didn't...isn't the knowledge of one officer understood by the courts to be known by all when it is transmitted or communicated?....ie when CID tells you to stop a 53/54, you act under their knowledge.
You personally don't have PC, but you stop under the PC that the detectives have.
In the same line of thought, I would argue that Thompson didn't have PC to shoot, but shot based on communications of other officers who should know when and when not to shoot. If he acted believing that they knew something he didn't, IMHO he should not be prosecuted.
Do we now find ourselves in the position of not acting unless we see something for ourselves? ie.... the knowledge of another officer has no bearing?
Let me get this straight...If I was behind a dark building with my partner and the visability was zero, as describe in the report...I hear and see the perp run out the back door, towards my partner in a threathing manner and I also heard my partner say "drop your weapon" and then I hear gunshots and my partner say "shoot him". How do I know my partner wasn't shot? Based on the information he received from Stone Mountain Police and others that this perp was armed and dangerous? How would he have known that the gunshots were from his partner or the suspect?
Seem like this was a Damned if you do, damned if you don't.. What would happen if his partner was shot and he did nothing but look at the supect run away? He gave chase and felt threaten so he acted on it... perp should have stopped.
Hopefully this will send a message to perps to stop when told...guess this perp would know the next time...oh I forgot, it won't be a next time..
Good Luck Torry.
Oh and one more thing, I only read a short blurb on the testimony and it seem the detective spoke in broken sentences and wasn't sure of his job. Academy, how about a in-service on Courtroom testimony and presentation? Pathetic how he handled himself.
That's all.
Everyone knows your not a threat if you are running away.
Your only defense can be he was a threat to others.
Maybe he was running into a school yard and was armed, yup the send rounds down range! short of that your screwed.
Even if someone tells you to shoot, you'd better damn well know why.
Im not slinging lead for anyone unless im sure.
And I want to know who the hell this Ethel is that I keep hearing so much about?
Just because someone is running away from you doesn't mean they are no longer a threat! That's stupid! The guy who killed Step was running away from him for a while too! He was running for a position of cover to take shots!
All of these anti-Torrey posts seem to be coming from one person with really bad grammar!
If Torrey wasn't a cop and shot someone in the back several times there would be a out cry for the DA's office to put the person under the jail. But because torrey is a cop we want to forget the laws. Be serious he is getting what he deserves for shooting a unarmed man in back several times. So everyone wants him to go free without punishment, come on guys be serious.
"written by one person with bad grammar"??????? How about I hope you got proof he graduated from HIGH school!! Bad grammar is the LEAST of his problems.
And "everyone knows you're not a threat if you're running away". Using deductive reasoning, look at all the possible reasons someone would run. Scared? Why are you scared? Outstanding warrants? Just did something illegal? About to do something illegal? What have I missed? Listen you idiots, if the cops are after you, stop-look-and listen. You COULD be turning nothing or a misdemeanor into a felony, or heading for hell sooner than you planned.
That's it.
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