Homeowner's self-defense.....against police?

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smhbbag

Puritan Board Senior
http://www.heraldtribune.com/apps/pbcs.dll/article?aid=/20070314/NEWS/703140547

SARASOTA -- John Coffin won't spend any more time in jail for beating up two sheriff's deputies inside his house, striking one in the head with a Taser gun he took from the other.

Circuit Judge Rick De Furia said at Coffin's trial Tuesday that he doesn't condone the violence against the deputies.

But Coffin, 56, had a right to defend his family and property because the deputies had no right to be in Coffin's house in the first place, De Furia said.

"Law enforcement was responsible for the chain of events here," De Furia said. "I think in situations like this, officers become so frustrated they go beyond what the law allows them to do."

The fight started when Coffin heard his wife screaming in pain, went into the garage and saw two deputies arresting her on the floor.

The deputies were trying to serve Coffin with civil papers that had been given five days earlier. They had entered the garage even though they did not have a search warrant or arrest warrant.

And they arrested Coffin's wife, Cynthia, 50, on obstruction charges even though she had no obligation to follow their orders to bring her husband outside.

"The most critical is the fact the officers broke the law by stopping the garage door from going down," and then entering the garage, De Furia said.

A jury was picked for the trial Monday. But the judge granted a motion by Coffin's attorneys, Derek Byrd and Brett McIntosh, and acquitted John Coffin on five of six felony charges Tuesday morning.

Coffin pleaded no contest to the remaining charge of taking a Taser gun from one of the deputies during the fight.

Before handing down the sentence, De Furia asked how long Coffin spent in jail after his initial arrest.

"You spent eight days in the Sarasota County jail," De Furia said. "That's your sentence. No probation."

Relatives applauded, and Coffin walked out of the courthouse with only a $358 bill for court costs. The sentence surprised even defense attorneys, who had suggested De Furia sentence Coffin to probation.

Prosecutors had asked for more than a year of prison time because of "the totality of the case" and the injuries to deputies James Lutz and Stacy Ferris, whose name is now Stacy Brandau.

The two deputies testified about their injuries Tuesday -- three blows to the head with the butt of the Taser gun knocked Lutz unconscious.

"I just ask that he doesn't get away with this," Brandau told the judge.

Assistant State Attorney Jeff Young told the judge the case "could have been over in five seconds" if the Coffins "had simply come out and cooperated."

"That is a man who took it upon himself to beat up two police officers," Young said.

De Furia said that while he believed the deputies' mistakes were not intentional, the Coffins had every right to lock doors, try to close their garage door and not cooperate.

"What took place in the house was unfortunate," De Furia said, "but Mr. Coffin ... had a right to resist."


What say ye?

Other than the obvious application of a new rule: Never mess with a man named Coffin.
 
Where is the charges against the police? These criminals trespassed on private property. They assaulted the wife. Where are the charges against them? I 'd be going after their badges.

These police officers should be happy the man stopped the beat down. I would have handcuffed them, dragged them off my property and put them on the curb for pick-up.

Congrats to the judge that recognized cops can't break the law to enforce it. :up:
 
Where is the charges against the police? These criminals trespassed on private property. They assaulted the wife. Where are the charges against them? I 'd be going after their badges.

These police officers should be happy the man stopped the beat down. I would have handcuffed them, dragged them off my property and put them on the curb for pick-up.

Congrats to the judge that recognized cops can't break the law to enforce it. :up:


And therein lies a great problem in this nation. More and more our local authorities act outside of the law, not to mention the lawless actions of the state and federal officers. The law is a tool to attain and end unto them, not an end in itself.
 
#1 - The judge was on target in all that he did, and, as far as this action alone is concerned, Coffin should be considered the "good guy". Regarding the circumstances leading up to this event, I have no idea and will not speculate to make a call.

#2 - Yet another reason that women should not be law enforcement/military:


SARASOTA -- John Coffin won't spend any more time in jail for beating up two sheriff's deputies inside his house, striking one in the head with a Taser gun he took from the other.

The fight started when Coffin heard his wife screaming in pain, went into the garage and saw two deputies arresting her on the floor.

Coffin pleaded no contest to the remaining charge of taking a Taser gun from one of the deputies during the fight.

Prosecutors had asked for more than a year of prison time because of "the totality of the case" and the injuries to deputies James Lutz and Stacy Ferris, whose name is now Stacy Brandau.

The two deputies testified about their injuries Tuesday -- three blows to the head with the butt of the Taser gun knocked Lutz unconscious.

"I just ask that he doesn't get away with this," Brandau told the judge.

(because next time it might be me, and I just couldn't handle that sort of thing :eek: )"



I can only imagine that the actual fight went something like this: Coffin enters garage and sees male officer wrestling his wife to the ground while the female stands by hoping that he can handle it; Coffin then realizes that it will be much easier to disarm the female who is standing by watching, and that the male might actually take him down if Coffin went after his taser; Coffin seizes the taser from the surprised female, and recognizing that she is by far the lesser threat, goes after the male; after knocking him unconscious, he tells the cowering woman to get off his property and call for somebody to come and pick up her partner; she complies and shuffles away, leaving her partner unconscious on the floor with a bleeding head wound. Notice especially that Coffin was able to take out the male without any recorded interference from the female, she didn't even draw her sidearm.

Now, thankfully for Coffin, she didn't get involved, but this is a classic scenario of the female LEO buckling under the stress of a close quarters situation. It's happened before in law enforcement, and it has happened recently in Iraq as well (where a senior female CSM was just relieved of her duties after locking herself in a cell during an assault on her position, becoming derelict in her duties as she sobbed inside having left her subordinates to fend for themselves. She even posted two guards outside of her cell to prevent anyone from getting her to come out (one of them rightly walked off and went back to helping her fellow soldiers repel the assault).


Rant :rant: Off.
 
in my knee-jerk opinion, the police force got off with way too little. There is no way Coffin should have had to pay anything at all, court costs included - he should have countersued for illegal entry and assault, and judgment should have been granted him.
 
I agree, the police had no business conducting themselves the way they did.

In SW VA there was a case of a deputy and a nearby neighbor entering a home in the middle of the night and scaring the daylights out of a sleeping 10 y/o girl(aperently they were in her room). She screamed, the family awoke to find the deputy and this neighbor from down the street in the girls room. The parents of the girl are sueing.
 
I agree, the police had no business conducting themselves the way they did.

In SW VA there was a case of a deputy and a nearby neighbor entering a home in the middle of the night and scaring the daylights out of a sleeping 10 y/o girl(aperently they were in her room). She screamed, the family awoke to find the deputy and this neighbor from down the street in the girls room. The parents of the girl are sueing.

Was the deputy on the clock?
 
I agree, the police had no business conducting themselves the way they did.

In SW VA there was a case of a deputy and a nearby neighbor entering a home in the middle of the night and scaring the daylights out of a sleeping 10 y/o girl(aperently they were in her room). She screamed, the family awoke to find the deputy and this neighbor from down the street in the girls room. The parents of the girl are sueing.


They were acting on FALSE information from a drug informant. The informant was charged with giving a false report. It was an older couple in thier late 60's who were keeping thier granddaughter. They sued the town of Pulaski. it is currently awaiting in court to the best of my knowledge. The old couple and the child have been horribly traumatized.
 
They were acting on FALSE information from a drug informant. The informant was charged with giving a false report. It was an older couple in thier late 60's who were keeping thier granddaughter. They sued the town of Pulaski. it is currently awaiting in court to the best of my knowledge. The old couple and the child have been horribly traumatized.

We should be reading about those two in the obituary.

If the deputy was on duty then the neighbor should not have been allowed to enter the home. Did the deputy have a search warrant?

If he wasn't on duty then he and the neighbor were there b/c of some drug related things they probably had going on.?
 
What gets me is that I am not supposed to protect my home if I hear someone identify themselves as the POlice. OKAY.
 
They were acting on FALSE information from a drug informant. The informant was charged with giving a false report. It was an older couple in thier late 60's who were keeping thier granddaughter. They sued the town of Pulaski. it is currently awaiting in court to the best of my knowledge. The old couple and the child have been horribly traumatized.


Thanks for clearing the facts up. That's the case I'm talking about. And as far as I know, yes the deputy was on the clock. From what I understand the neighbor was looking for his daughter. Still he should not have entered the premises and the deputy should have knocked if he had a warrant or probable cause.
 
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