Not guilty, but still fired

Discussion in 'The Okie Corral' started by TBO, Feb 10, 2010.

  1. TBO

    TBO Why so serious? CLM

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    Former Officer Cleared of Excessive Force Charges

    Fresno – A jury acquitted fired Fresno police officer Marcus Tafoya of 7 counts of felony assault charges, but remained deadlocked on one assault charge.

    While this is a victory for Tafoya, Monday's verdict contradicts the outcome of the police department's own investigation.

    "Total vindication for Mr. Tafoya when you consider the main incident was the mono incident he was found not guilty on all those counts, total vindication for him," said Tafoya's attorney.

    In March of 2005, Tafoya and other officers responded to a rowdy party at a home in southeast Fresno.

    At that time, witnesses told KMPH, Tafoya used excessive force on them, leaving scars and bruises.

    During the trial, Tafoya testified partygoers were attacking him.
    The residents filed lawsuits, and in 2006, the city reached settlements with Gabriel Rodriguez and David Rendon, paying out more than $2 million because of the claims.

    The chief says the not guilty verdicts, does not change his decision in firing Tafoya.

    "I do not have control of the outcome of a criminal trial. I do have control over our investigation and how I hold employees accountable. In this instance, I felt based on the investigation we conducted, that his employment should have been terminated," said Fresno Police Chief Jerry Dyer.

    Tafoya's attorney the issue of his firing will head to federal court.

    He claims the department let Tafoya go, because of the criminal charges.

    "I don't know how you justify coming to one conclusion at one time, and turning tail and coming to another conclusion at another time," said Hodgkins.

    Meanwhile, prosecutors can re–try Tafoya on the one assault charge.

    Fresno County District Attorney Elizabeth Egan says, "I commend the courage of witnesses who came forward to report wrongdoing by an officer. This office will not tolerate any abuse of the public trust no matter who the alleged offender is, where or for whom they work."

    During his ten years as a Fresno police officer, Tafoya was involved in several officer involved shootings, three of them deadly.

    link
     
  2. security79

    security79 Gene Frenkle

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    If it's true they let him go for having "charges" placed against him he definitely has a case. If he is found guilty of the single lingering assault charge then it might be a different story. Innocent until proven guilty only applies to some these days but I won't go there.
     

  3. Isaiah1412

    Isaiah1412

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    The burden of proof in a criminal case is for the prosecution to find someone guilty beyond a reasonable doubt. An employer only needs to decide that person is not suitable for the job to fire them. The same standard doesn't quite apply.

    And 3 fatal shootings in 10 years? That sounds a bit higher than average, maybe he just has bad luck?:dunno:
     
  4. smokin762

    smokin762

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    At my place of employment, the Company was sued and lost for discrimination against two employees like nobody at my work seen that one coming. After the dust settled, the company forced every employee to sign a piece of paper explaining Harrassment. At the end of the paper was a disclaimer that stated the Company could fire the employee that was accused of Harrassment even if that employee was found to be innocent.:upeyes:

    I do not see what has to be gained in firing somebody that is found to be innocent. The time and money that is spent on training a person to do a job and then throw that employee to the wolves is such a waste in my own opinion. :dunno:
     
  5. RenegadeGlocker

    RenegadeGlocker SuperOwner

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    Any of my employee who cost me $2m, are fired no matter how righteous I think their actions were. Business is business. He is now a target of opportunity for every ambulance chaser out there and is a major liability.
     
  6. smokin762

    smokin762

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    Check this LEO out! He is in the paper a lot. I don't think this man is afraid of anything. :wow:

    http://blog.cleveland.com/metro/2008/07/supercop_jim_simone_talks_abou.html
     
  7. RustyShackelford

    RustyShackelford > OD Glock 32

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    Just because he was found "not guilty" doesn't mean he was not guilty.
     
  8. lee2

    lee2

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    when i read the title i thought you finally got canned.
    :tongueout:
     
  9. Esox357

    Esox357

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    10 years 3 involved shootings isn't that bad, I guess it depends where you work? There are several times in a Officers career that deadly force could and should be used, but it isn't always done? Just saying. Esox357.
     
  10. RustyShackelford

    RustyShackelford > OD Glock 32

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    He was involved in several shootings in that time, being able to actually kill three of the individuals.
     
  11. smokin762

    smokin762

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    I thought in our society if we are found not guilty by our peers of twelve in a court that we should be good to go.

    Are you saying even if your found not guilty the person accused should have to pay the price just for being accused of something. Wow, I hope you are never mistaken for doing something wrong.:whistling:
     
  12. dakota359

    dakota359

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    Police work is not a business.
     
  13. Rooster Rugburn

    Rooster Rugburn Got Pignose?

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    Wow, this is quite a conundrum.

    If you say the cop should have been fired, the usual suspects (pun intended) will reply with the typical whines accusing you of being a "cop bashing, cop hater".

    But if you say the Chief, a cop himself, acted improperly, then the usual suspects will replay with the typical whines accusing you of being a "cop bashing, cop hater".

    So how can this be discussed without being called a cop bashing, cop hater? It's the literal no win situation.

    The Chief is a cop, but cops are always right......

    I wonder if the police union is involved yet?
     
  14. RenegadeGlocker

    RenegadeGlocker SuperOwner

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    No "Police Work" is not. But that is not the issue here. Running a City or Department within budget is, and that is a business. States cannot print their own money, they generally cannot borrow much either. So they cannot afford to waste it. Here is an example of up to 135 Police and Firefighters losing their jobs over a $2.5 million shortfall.

    https://www.glocktalk.com/forums/showthread.php?t=1166789

    Money is tight at almost every state/Govt level, tough decision are being made. Letting one guy go beats letting over 100 go.
     
  15. gearjammer351

    gearjammer351 EnemyOfTheState

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    Good point.

    I feel bad for the guy. I have been fired a couple of times for things I didn't do or weren't my fault, and it sucks. However, none of those things were career-ending for me, as I don't have a "career."

    Would any other LE agency hire this guy, or would the termination be a perpetual red-flag for other potential employers?
     
  16. Spiffums

    Spiffums I.C.P.

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    OJ...................................... found not guilty of murder, yet he was found finical liable for the deaths the same.
     
  17. smokin762

    smokin762

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    Ya, I have never quite understood that one. That is really messed up. I was never the kind of person that seen shades of grey. For me it is either black or white. You are or you are not guilty.

    I know this sounds like a hypocrite but I wish the jury in the civil court case would have been the jury in the criminal court case. Maybe it was buyer’s remorse in the civil court.:dunno:
     
  18. TBO

    TBO Why so serious? CLM

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    OJ was tried in a Criminal Court and found not guilty.

    OJ was then tried in a Civil Court and found liable.

    Different trials, and different court systems.
     
  19. vikingsoftpaw

    vikingsoftpaw DEPLORABLE ME!

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  20. Easterbrook

    Easterbrook Wagon Burner

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    Yeah, and a different standards of proof: "beyond a reasonable doubt" in the criminal case, versus "preponderance of the evidence" for the civil.

    Preponderance of the evidence is really just "more likely than not," or to put it another way, there's greater than a 50% chance that the proposition is true.