'The New Mexico State Police officer who fired shots at a minivan full of children during a chaotic October traffic stop has been fired, a spokesman with the law enforcement agency said Friday.
Lt. Emmanuel Gutierrez, a State Police spokesman, said he confirmed with State Police Chief Pete Kassetas that Officer Elias Montoya was no longer employed by the department. Montoya's termination was effective at 5 p.m. Friday.
Montoya has 30 days to appeal his firing to the Public Safety Advisory Commission, which is made up of civilians appointed by the governor. Montoya, who had been with the department for about 12 years, doesn't have a listed phone number.
The officer was placed on administrative leave with pay earlier this week following an investigation into the shooting outside the northern New Mexico tourist town of Taos. On Tuesday, he was notified that the agency proposed to fire him, and Kassetas, in consultation with Department of Public Safety Secretary Gorden Eden, made the final decision after a disciplinary hearing Thursday."
That story goes on to say that there was a "pair of marijuana pipes" in the vehicle AND "According to a police report, Montoya later bought the entire family food from McDonald's during the booking process."
Daughter of 1776 American Revolutionists
Isn't NEW MEXICO the state that locked up the guy on DUI for over a year without a lawyer or a trial?
What was the County and the Jail that did that human rights atrocity?
NM....wow....the Police State. This is what we get from the lies of 911?
Appears that way. What cowardice the Police State exemplifies.
Be Your Own Media!!!
The woman acted stupidly without question. The problem with the police reaction is that they took her actions personally. You see this when the officer stops her the second time. The officer is offended, yelling and screaming. His precious authority has been questioned. She stupidly tries to re-enter her vehicle and he eventually loses it and goes into blind rage mode. Maybe it is too much to ask but officers should not get angry when people defy them. Yes they need to get the job done and yes she should have been arrested but these officers acted not like professionals but like angry bikers. And shooting at the car? This officer has seen too many cop shows on TV and should be removed from the force.
I know a policeman (my daughter's basketball coach) who says he never chases cars. He has their license plate number. He can and will track them down and will arrest them for evasion but chasing someone puts everyone in danger. He is a smart cop, partly because his is a basketball coach and knows how to deal with people and temper his anger.
Of relying on the purposefully edited video the police released you should try to look at the REST of the available information. It appears that she was ticketed and released. Then the uniform pulled her over again! It sounds like maybe he ordered her to go pay the fine immediately, and she ignored that unlawful and idiotic order.
This is a news story. The dash cam video was edited by the NEWS STATION to air the story within the 30-minute time frame they are on air to report the ALL of the local news.
The story says that she pulled off after the police told her to shut her engine off.
Why don't you provide a link to the REST of the available information?
We'd like to review it. I imagine it is her testimony.
Officer on right goes to take aim, then the film is cut.
The people better not let this one go by.
Because: Some animals are more equal than other animals. -Animal Farm-
What the? > http://www.youtube.com/watch?v=6MTIwY3_-ks
New Mexico's got serious issues! Anal rapes, and attempted murder of children for going 16 miles over the speed limit.
When a true genius appears in the world, you may know him by this sign: that the dunces are all in confederacy against him. ~J. Swift
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looked like the road pirate broke out the window on the first swing and was then assaulting the passenger with his bully club. i would have drove off to get away from the attacker too.
Official Daily Paul BTC address: 16oZXSGAcDrSbZeBnSu84w5UWwbLtZsBms
Rand Paul 2016
The police want you to be fearful of them. What are they so afraid of? Why would someone want you to fear them?
All rights reserved and no rights waived.
Government is always preaching about keeping us safe, while at the same time killing us with no regard for human life whatsoever.
Absolutely, out of control crazy. That cop tazzed the kid running away.. broke a window.. shot bullets at a woman.
I think this officer was in fear for his life NOT.That is why he shoot at the wood be get away mother of the children. Now I think he should be put on trial for attempted murder! What a chicken sh!t abuse of power that is.
Cops breaking your car windows would frighten me to death. I would be in fear for my life at that point and would turn my 4WD into a killing machine, and would try to kill the criminal with the gun before they kill me.
Just like they shot and killed the lady in DC that had a child in the car. You should learn to turn your vehicle into a weapon to kill them with, only if they use lethal force on you first. If they use lethal force on you first, go bigfoot on their ass. You have the right to defend yourself. Run them over with your 4WD so they can't pursue you, because they will kill you if they catch you.
You're advocating suicide.
why would she drive off and pull right back over.
Sounds like maybe she misunderstood him or something.
But then ,as usual - the gestapo goes all gestapo -escalates the situation - then uses the escalation he produced as a means to use more force and more escalation.
Its the same story every time.
She clearly had reason to be scared - look at the violent rage the psycho cop went into.
No matter what - the cop shooting needs to find the unemployment line - and fast.
The mother's right to protect her children, supersedes the cops right to use physical violence on the mother, especially for a minor traffic offense.
I mean the Mom clearly endangered her children so thats the first observation.
However, the Cops responded stupidly. Firing a weapon?! Are you kidding me?
This reminds me of the mom and baby in DC situation. Mom was unarmed and drove erratically around the capital. When she crashed and got out she was murdered in cold blood. These are crazy times.
"Once you become knowledgeable, you have an obligation to do something about it."- Ron Paul
You are right. The mother should have pulled her side arm and fired right away. Mothers should have the right to defend their young from highway bandits.
Fire at will!
Another instance of the need to heavily arm a fourteen year old.
We used to use a firing squad for these annoyances.
Demand the Oath of Office.
Citizens have every RIGHT to be absolutely frightened of today's armed gov't workers.
Kelly Thomas was blatantly beaten to death by armed gov't worker thugs (aka Police)in California. The D.A. on a radio show stated (I'm paraphrasing), 'Citizens have the absolute Right to protect themselves from Police'. (in fact, it's a well-settled fact in law - and gov't workers - teachers - do not teach this fact in gov't schools). One or two of the above gov't worker thugs are being tried for murder of the innocent Citizen.
This woman in the mini-van may or may not have already received a citation. It is unclear. And besides, who cares. Was anyone hurt prior to the gov't worker's ego being crushed? (and major Kudos to the 14 yr old young man for coming to the rescue of his mother!!!)
Two questions for you:
A) When is it deemed appropriate to use violence against a gov't worker?
B) Since the Fed Const is the 'law of the land' in most / if not all union states, then inform me, does "traffic laws" fall under:
1) Admilatary law ?;
2) Equity Law? ;
3) Common Law ?
If ARMED gov't workers do not know the answer, they have absolutely no business being a 'traffic law enforcement officer.
May peace always be your journey
“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
and other court rulings
A family is doing 71 MPH in a 55 MPH zone. Big whoopp di do... who cares! She damaged nobody's property, endangered nobody, and the weather conditions clearly warrant being able to "SAFELY" travel at that rate with no issues.
So Let's Break this down (from a Liberty perspective)
1) Minivan going 71 MPH in 55 MPH zone
2) Minivan pulled over by police
3) Minivan leaves scene after cop walks away temporarily from minivan
4) Police chase minivan (because the serfs in minivan didn't submit)
5) Police Pull minivan over again
6) Lady gets out of minivan and talks to police man
7) Lady runs away from police man (police psycho man really mad now)
8) Police man attempts to apprehend lady from minivan
9) 14 yr old son gets out trying to defend his mom
10) 14 yr old runs back in car and locks doors
11) mom also back in car now too
12) backup police men show up
13) original police man starts beating the piss out of the minivan
14) police man w/ baton clearly inflicts property damage on minivan
15) minivan pulls off in a hurry (don't blame lady for leaving ASAP)
16) Other cop actually STARTS SHOOTING at a non threatening target moving away from them
So, to recap, a stupid speed limit law, DESIGNED TO GARNER REVENUE for the State, ultimately becomes the initial reason all this STUPID IDIOTIC CRIMINAL non-sense and violence occurs.
The minivan lady was NEVER violent. The cop WAS the aggressor from the start. The 14 year old is acting as a defender for what appears to be his mom. The cop flips out and goes into ultra violence mode (programmed into his thick skull by the State). Backup shows up and as minivan peels away from the scene, the other cop from backup actually starts FIRING rounds into the car (and these guys are here to protect us???? LOL... yeah, i can clearly see that!!) this is attempted murder in my opinion!!! It's also reckless endangerment of minors.
And again, what was the culprit that started all this. A SPEED LIMIT LAW that does nothing to protect the public LIBERTY but gives the State and its minions unbridled excuses to violate OUR RIGHTS and steal money from us. And when we don't submit, we get a BEAT DOWN! And also, this is one of the excuses insurance companies use to force higher premiums on drivers. Looks like a scam to me! Except these cops think they are actually acting legitimately, when nothing can be further from the truth.
Government IS THE USE OF FORCE! When you are using that force for such ridiculous purposes as this, that means government is NOT acting in the interest of OUR LIFE, OUR LIBERTY AND OUR PROPERTY. And that is clearly evident here in this video.
If I were the cop on the scene, I would NOT have chased the car after it left in the first place. No need to. But, these dopes are trained to be superior and they think they are.
It's amazing that humans treat other humans in this fashion. Government is SUPPOSED to stop others from using violence on others, but in this case, it's government using violence on a non violent target. Certainly shows that government is ALMOST, not all, but almost all its endeavors is an absolute waste of valuable resources. And we are supposed to just accept this??? Absolutely not!
There's the phrase, JUST SAY NO... Well, we can apply that to government, JUST SAY NO to it.
Love Liberty, be Vigilant
"Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty" (2 Corinthians 3:17)
Faith in God will prevail all things!
The shots fired are reckless endangerment and wrongful use of deadly force. Big time trouble here. Bet that cop is done soon.
I would up plus 10 if I could. These are the objective facts and well presented.
The creation, production and fair exchange of values is the business of evolving consciousness, love and life.--Craig Johnson
I do my best to be as honest and forthright about what I see to be the facts. And as we all know to well, Government has become the tool to destroy OUR liberties, not enhance them.
The defense that she was a threat to the public was nulled and voided when the cop shot at her while driving away. If the driver is injured or dead then this driver is now no longer in control of a run away vehicle full of children. This is a much bigger hazard to the public and the children, and the cop would have been the one that created it by shooting the driver.
If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.
Gives her a ticket and then figures out, that she is from out of state probably just going to blow off the ticket. Then try's to extort the fine now. And threatens to arrest her and take her to see the judge. http://www.taosnews.com/news/article_401433ae-4d74-11e3-9e84...
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