New York Times – by JAMES C. McKINLEY Jr.
An unarmed, emotionally disturbed man shot at by the police as he was lurching around traffic near Times Square in September has been charged with assault, on the theory that he was responsible for bullet wounds suffered by two bystanders, according to an indictment unsealed in State Supreme Court in Manhattan on Wednesday.
The man, Glenn Broadnax, 35, of Brooklyn, created a disturbance on Sept. 14, wading into traffic at 42nd Street and Eighth Avenue and throwing himself into the path of oncoming cars.
A curious crowd grew. Police officers arrived and tried to corral Mr. Broadnax, a 250-pound man. When he reached into his pants pocket, two officers, who, the police said, thought he was pulling a gun, opened fire, missing Mr. Broadnax, but hitting two nearby women. Finally, a police sergeant knocked Mr. Broadnax down with a Taser.
The shootings once again raised questions about the police use of firearms in crowded areas and drew comparisons to a shooting a year ago, when officers struck nine bystanders in front of the Empire State Building when they killed an armed murder suspect.
Initially Mr. Broadnax was arrested on misdemeanor charges of menacing, drug possession and resisting arrest. But the Manhattan district attorney’s office persuaded a grand jury to charge Mr. Broadnax with assault, a felony carrying a maximum sentence of 25 years. Specifically, the nine-count indictment unsealed on Wednesday said Mr. Broadnax “recklessly engaged in conduct which created a grave risk of death.”
“The defendant is the one that created the situation that injured innocent bystanders,” said an assistant district attorney, Shannon Lucey.
The two police officers, who have not been identified, have been placed on administrative duty and their actions are still under investigation by the district attorney’s office, law enforcement officials said. They also face an internal Police Department inquiry.
Mr. Broadnax’s lawyer, Rigodis Appling, said Mr. Broadnax suffered from anxiety and depression and had been disoriented and scared when the police shot at him. He was reaching for his wallet, not a gun, she said. “Mr. Broadnax never imagined his behavior would ever cause the police to shoot at him,” she said.
After his arrest, Mr. Broadnax was taken to Bellevue Hospital Center, where he told a detective that “he was talking to dead relatives in his head and that he tried throwing himself in front of cars to kill himself,” according to a court document released on Wednesday.
A judge ordered a mental evaluation, and a psychiatrist later found Mr. Broadnax competent to stand trial, Ms. Appling said.
On Wednesday, Justice Gregory Carro set bail at $100,000 bond or $50,000 cash.
Mariann Wang, a lawyer representing Sahar Khoshakhlagh, one of the women who was wounded, said the district attorney should be pursuing charges against the two officers who fired their weapons in a crowd, not against Mr. Broadnax. “It’s an incredibly unfortunate use of prosecutorial discretion to be prosecuting a man who didn’t even injure my client,” she said. “It’s the police who injured my client.”
That’s classic its your fault we shot someone else so now those individuals will sue the person being shot at rather than the police. Deflection of responsibility on the part of government once again.
““The defendant is the one that created the situation that injured innocent bystanders,” said an assistant district attorney, Shannon Lucey.”
BAHAHAAHAAHA!!! Oh man, I really don’t get how these guys can just continue to create the most immorally absurd stories to twist reality to their agenda and get away with it. It boggles the mind.
Yes, it’s his fault for provoking you and tempting you to shoot when there was no reason for you to shoot. Ever hear of “Don’t give into temptation?” in the Bible. Oh that’s right! You think Christians are terrorists, so probably not.
How about “Think before you act”. Be “accountable for your actions”. “Look before you leap”. I guess they skip over that part in Ray Kelly’s police force.
Hang the bastards by the balls!
then cities and counties should be sued for car accidents because they provide right of ways.
Next, they will be blaming the bystanders for recklessly jumping in the path of their bullets. “You were walking down the sidewalk minding your own business and assaulted my bullet!!! Your under arrest!”
Or….”I got a hangnail while typing my police report for shooting you, that’s assault!!! Your under arrest!”
well where are those NY constitutional sheriffs?
There is no “sheriff” in nyc its more like the tax man.
Don’t pay parking tickets they take your car in the middle of the night and put it up for sale at auction.
They are appointed by the mayor not elected.
“The Office of Tax Enforcement (OTE)
OTE is Finance’s criminal tax investigation unit overseeing cigarette wholesale licensing and is within the Sheriff’s office. OTE investigates cigarette, business, personal and other tax related issues. OTE often works with City, State and Federal agencies including NYPD, District Attorney’s Office, NYS Department of Taxation and Finance, Bureau of Alcohol Tobacco Firearms and Explosives, among others, to ensure all New York City businesses and residents pay their fair share of City taxes. ”
http://www.nyc.gov/html/dof/html/sheriff/sheriff.shtml
https://en.wikipedia.org/wiki/New_York_City_Sheriff%27s_Office
I know…..i was being sarcastic…:(
Went right over my head oldvet 😉
@ Oldvet,
At this time I can not find any constitutional sheriffs in New York That does not mean that there isn’t any, but it does mean that until they FIRE their governor for breaking the contract they are in trouble.
The New York Constitution is pretty clear in what it says, and the Governor swore an oath that he would follow the New York Constitution – which defines their state government, and assigns their duties – it IS their contract. The oath of office VERIFIES that they understand exactly what they are agreeing to. But if the people do nothing, if they do not bother to even learn the highest law of their state – the US Constitution has little actual lawful authority over the states – what do they expect to happen?
We the people MUST take responsibility also. We must know the highest laws in each state, and where the US Constitution and all that is in PURSUANCE thereof it take precedence. Then require enforcement of it.
These are the highest laws of the state of New York EXCEPT where the US Constitution and all that is in PURSUANCE THEREOF it is supreme:
Notice who created the government of New York: Preamble, We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.
ARTICLE I, Bill Of Rights: Section 1. No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the *law of the land, or the judgment of his or her peers, except that the legislature may provide that there shall be no primary election held to nominate candidates for public office or to elect persons to party positions for any political party or parties in any unit of representation of the state from which such candidates or persons are nominated or elected whenever there is no contest or contests for such nominations or election as may be prescribed by general law.
(*The law of the land: embodied in the U.S. Constitution as Due Process of Law, includes all legal and equitable rules defining Human Rights and duties and providing for their protection and enforcement, both between the state and its citizens and between citizens. “judgment of his or her peers” is trial by jury where they judge not only the guilt or innocence, but also the law itself.)
§2. Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law… (If they can talk you into waiving your rights)
§8. Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
§9. 1. No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government, or any department thereof…
§11. No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state. (New. Adopted by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; amended by vote of the people November 6, 2001.)
§12. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The right of the people to be secure against unreasonable interception of telephone and telegraph communications shall not be violated, and ex parte orders or warrants shall issue only upon oath or affirmation that there is reasonable ground to believe that evidence of crime may be thus obtained, and identifying the particular means of communication, and particularly describing the person or persons whose communications are to be intercepted and the purpose thereof.
ARTICLE IV, Executive, Section 1. The executive power shall be vested in the governor, who shall hold office for four years; the lieutenant-governor shall be chosen at the same time, and for the same term…
[Powers and duties of governor; compensation]
§3. The governor shall be commander-in-chief of the military and naval forces of the state. The governor shall have power to convene the legislature, or the senate only, on extraordinary occasions. At extraordinary sessions convened pursuant to the provisions of this section no subject shall be acted upon, except such as the governor may recommend for consideration. The governor shall communicate by message to the legislature at every session the condition of the state, and recommend such matters to it as he or she shall judge expedient. The governor shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. The governor shall receive for his or her services an annual salary to be fixed by joint resolution of the senate and assembly, and there shall be provided for his or her use a suitable and furnished executive residence.
§4. The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he or she may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, the governor shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. The governor shall annually communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which the convict was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve. (Changed in 2001 to this, sounds like they expected treason charges to come up)
§5. … In case of the failure of the governor-elect to take the oath of office at the commencement of his or her term, the lieutenant-governor-elect shall act as governor until the governor shall take the oath.
§7. Every bill which shall have passed the senate and assembly shall, before it becomes a law, be presented to the governor; if the governor approve, he or she shall sign it; but if not, he or she shall return it with his or her objections to the house in which it shall have originated, which shall enter the objections at large on the journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill, it shall be sent together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the governor. In all such cases the votes in both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him or her, the same shall be a law in like manner as if he or she had signed it, unless the legislature shall, by their adjournment, prevent its return, in which case it shall not become a law without the approval of the governor. No bill shall become a law after the final adjournment of the legislature, unless approved by the governor within thirty days after such adjournment. If any bill presented to the governor contain several items of appropriation of money, the governor may object to one or more of such items while approving of the other portion of the bill. In such case the governor shall append to the bill, at the time of signing it, a statement of the items to which he or she objects; and the appropriation so objected to shall not take effect. If the legislature be in session, he or she shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If on reconsideration one or more of such items be approved by two-thirds of the members elected to each house, the same shall be part of the law, notwithstanding the objections of the governor. All the provisions of this section, in relation to bills not approved by the governor, shall apply in cases in which he or she shall withhold approval from any item or items contained in a bill appropriating money.
ARTICLE V, Officers And Civil Departments, §3. SUBJECT TO THE LIMITATIONS CONTAINED IN THIS CONSTITUTION, THE LEGISLATURE MAY FROM TIME TO TIME ASSIGN BY LAW NEW POWERS AND FUNCTIONS TO DEPARTMENTS, OFFICERS, BOARDS, COMMISSIONS OR EXECUTIVE OFFICES OF THE GOVERNOR, and increase, modify or diminish their powers and functions. Nothing contained in this article shall prevent the legislature from creating temporary commissions for special purposes or executive offices of the governor and from reducing the number of departments as provided for in this article, by consolidation or otherwise. (caps are mine)
ARTICLE XII, Defense, Section 1. The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia.
ARTICLE XIII, Public Officers, Section 1. Members of the legislature, and all officers, executive and judicial, except such inferior officers as shall be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:
“I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of ……, according to the best of my ability;”
and no other oath, declaration or test shall be required as a qualification for any office of public trust, except that any committee of a political party may, by rule, provide for equal representation of the sexes on any such committee, and a state convention of a political party, at which candidates for public office are nominated, may, by rule, provide for equal representation of the sexes on any committee of such party.
(Subscribe: To sign one’s name to in attestation, testimony, or consent; contract – a binding agreement between two or more persons that is enforceable by law; legally binding and enforceable)
[Law enforcement and other officers]
§13. (a) Except in counties in the city of New York and except as authorized in section one of article nine of this constitution, registers in counties having registers shall be chosen by the electors of the respective counties once in every three years and whenever the occurring of vacancies shall require; the sheriff and the clerk of each county shall be chosen by the electors once in every three or four years as the legislature shall direct. Sheriffs shall hold no other office. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. The governor may remove any elective sheriff, county clerk, district attorney or register within the term for which he or she shall have been elected; but before so doing the governor shall give to such officer a copy of the charges against him or her and an opportunity of being heard in his or her defense. In each county a district attorney shall be chosen by the electors once in every three or four years as the legislature shall direct. The clerk of each county in the city of New York shall be appointed, and be subject to removal, by the appellate division of the supreme court in the judicial department in which the county is located. In addition to his or her powers and duties as clerk of the supreme court, he or she shall have power to select, draw, summon and empanel grand and petit jurors in the manner and under the conditions now or hereafter prescribed by law, and shall have such other powers and duties as shall be prescribed by the city from time to time by local law.
(b) Any district attorney who shall fail faithfully to prosecute a person charged with the violation in his or her county of any provision of this article which may come to his or her knowledge, shall be removed from office by the governor, after due notice and an opportunity of being heard in his or her defense. The expenses which shall be incurred by any county, in investigating and prosecuting any charge of bribery or attempting to bribe any person holding office under the laws of this state, within such county, or of receiving bribes by any such person in said county, shall be a charge against the state, and their payment by the state shall be provided for by law.
(c) The city of New York is hereby vested with power from time to time to abolish by local law, as defined by the legislature, the office of any county officer within the city other than judges, clerks of counties and district attorneys, and to assign any or all functions of such officers to city officers, courts or clerks of counties, and to prescribe the powers, duties, qualifications, number, mode of selection and removal, terms of office and compensation of the persons holding such offices and the employees therein, and to assign to city officers any powers or duties of clerks of counties not assigned by this constitution. The legislature shall not pass any law affecting any such matters in relation to such offices within the city of New York except on message from the governor declaring that an emergency exists and the concurrent action of two-thirds of the members of each house, except that existing laws regarding each such office shall continue in force, and may be amended or repealed by the legislature as heretofore, until the power herein granted to the city has been exercised with respect to that office. The provisions of article nine shall not prevent the legislature from passing general or special laws prescribing or affecting powers and duties of such city officers or such courts or clerks to whom or which functions of such county officers shall have been so assigned, in so far as such powers or duties embrace subjects not relating to property, affairs or government of such city.
I know this does not help much, but if those in the state do not understand what it is those serving within the state gov can do lawfully, then they can do anything and it will be taken as if it was a “real” law rather then a usurpation and “null and void” in our country.
Work to locate any Sheriffs that are constitutional. Then work with them to get New York rid of its corrupt and criminal element currently serving within the state gov and within lots of the law enforcement agencies.
Cal,..brother,…..its what I was saying in the other thread my man….the LAW will not enforce itself………just because its written it has no power without common men..enforcing it with the 2nd.
We cannot DEPEND on an elected official (Sheriff or otherwise) to secure our rights my . That job falls to each of us personally and collectively. And unless or until WE do,..this shit will continue and wax worse.
Its not been that long since I had a small hope that it could be worked out by the Law,.the Courts…and Legislators…..but as a realist after my years on this earth,.. serving Uncle Sam,..the public…and my family. ,….Trying to work within a corrupt system to improve it and seeing utter failure and a worsening condition….I cashed in my chips friend. The system cannot be fixed……PERIOD!
Our Founders told us what we needed,…no,..were REQUIRED to do as a duty…..ABOLISH it.
As a final,..I see and understand all you speak on…I agree that in a perfect world those things should be so…..but here in Amerika 2013 it a’int so…and never will be…..time of talk and compromise is past.
I believe your heart is right….but for myself and many others……we are preparing for the fight coming.
Peace friend!
“Finally, a police sergeant knocked Mr. Broadnax down with a Taser.”
DUH!
Let’s try the most dangerous, stupid idea first.
Morons.
#1, gotta tell ya, this “change” (ROFL) makes me all warm and fuzzy.
http://www.fromthetrenchesworldreport.com/william-bratton-named-nypd-commissioner-by-mayor-elect-bill-de-blasio/67637#more-67637
Yikes!