DA Clears Cop Who Shot Vietnam War Veteran Minutes After The 73-Year-Old Had Killed An Intruder Who Had Stormed In And Tried To Drown His Grandson
BY Herschel Smith
6 years ago
Via WiscoDave, news from Colorado:
A Colorado police officer who shot an armed Vietnam war veteran in his home after he had just killed an intruder who attacked his 11-year-old grandson will not face charges, the District Attorney said Monday.
District attorney for Colorado’s 17th Judicial District Dave Young said his office has cleared Aurora police Officer Drew Limbaugh of wrongdoing in the July death of Richard ‘Gary’ Black Jr. Black, 73.
Police said that officers believed Black was the intruder and opened fire after he didn’t follow a command to drop his gun. It later became apparent that Black had been protecting his wife and young grandson.
On the night of July 30, police responded to multiple 911 calls from Black’s home reporting a naked intruder who was trying to drown his 11-year-old grandson, CNN reported.
Police heard gunshots as they arrived and entered the property to find Black had just shot and killed the intruder, 26-year-old Dajon Harper.
Officers found the young boy and his father in the bathroom next to Harper’s dead body.
When Black did not respond to multiple requests to drop his weapon, he himself was shot by Officer Limbaugh in his living room and died from his injuries at University of Colorado Hospital.
In a 26-page letter to Aurora Police Department, the DA wrote that there was no evidence that Officer Limbaugh ‘engaged in reckless or criminally negligent conduct’.
That last sentence tells you everything you need to know about LEOs and DAs. The bolded sentence tells you everything you need to know about what not to do.
Calling the cops while an incident is in progress and you are trying to defend yourself or loved ones is the least safe action you can take. Someone will die if the cops are called. This poor man had survived Vietnam. He couldn’t survive American LEOs.
Defend yourself, call your lawyer, return your firearm to its proper place, and then call 911 for the cops to write the report.
That’s the sequence. And don’t talk to the police. Let your lawyer do that for you.
On December 7, 2018 at 9:46 am, Michael K. said:
You know what prosecutors should say? “We don’t care if a cop walks down the street randomly shooting people in the head – we won’t prosecute. Do you mundanes hear that? We WILL NOT prosecute them. We only prosecute the little people, like you.”
At least that would be honest. But honesty would be far too much to expect from prosecutors (or cops for that matter).
On December 7, 2018 at 10:00 am, jrod said:
On the other hand, why not use your head and comply with the order to put down the weapon?
On December 7, 2018 at 10:14 am, Andrew said:
Wow.
So…
Either “Dispatch” didn’t tell the responding officer that “the intruder is nekkid” or the responding officer assumed the “intruder had suffered a bout of rationality and somehow got on some clothes and found a gun and shot the homeowner while he was nekkid”.
I’m not sure what to say here.
Probably told the homeowner “FREEZE! DROP THE GUN! GET ON THE FLOOR!” or something like that.
On December 7, 2018 at 10:18 am, oughtsix said:
Karma is a stone cold, inevitable, patient bitch, relentless;tireless, unforgiving and with an infallible memory.
She’ll come for them all in good time.
Hope I live long enough to participate.
On December 7, 2018 at 10:40 am, dmv gringo said:
Andrew, you worthless cuck, thete is no excuse,
no explaining away, no whitewashing, the murder
committed by these cops.
Eat a bag of shit.
On December 7, 2018 at 10:45 am, Herschel Smith said:
@jrod,
Because this:
http://www.captainsjournal.com/2018/07/25/man-impersonating-dea-agent-shot-and-killed-during-pa-home-invasion/
There is a trend of home invaders posing as cops. The persons telling you to drop your weapon could be cops. Or they could be poseurs.
Thanks for reminding me to point that out.
On December 7, 2018 at 10:55 am, MoralFracas said:
I’m sure what to say:
The LEO didn’t do anything this article said he did, except shoot this homeowner. It’s the first thing this Lame Excuse for an Officer did. Guy gun shoot. All else is municipal attorney bullshit.
On December 7, 2018 at 12:49 pm, don said:
So how much time from police arrival to shooting the homeowner? consider these two quotes from article.
Officers found the young boy and his father “in the bathroom” next to Harper’s dead body.
shot by Officer Limbaugh “in his living room”
There had to be some time lag there which should have given time for this situation to calm down.
On December 7, 2018 at 1:48 pm, Liberty4Ever said:
It’s definitely a bad idea to call the police when you are actively protecting yourself and your family. If introducing random uninformed violence isn’t the solution, don’t call the police until the situation is resolved. If current trends continue, it will soon be inadvisable to call the police after the fact. Tragic unintended consequences of police interaction are pushing us toward a home defense policy of Shoot, Shovel & Shut up.
On December 7, 2018 at 2:06 pm, Mike said:
“Defend yourself, call your lawyer, return your firearm to its proper place, and then call 911 for the cops to write the report.”
I would modify this to NOT call 911 – call the non-emergency number. Every 911 call is recorded and the cops love to release it, without your consent, to the whole damn world. At least where I live, the non-emergency number is not recorded.
On December 7, 2018 at 2:32 pm, ItinerantEngineer said:
Here’s a breakdown of the body cam footage by Rob Pincus.
https://youtu.be/WqSn-_wDavQ
It’s longish at ~5min introduction ~20min total.
Realize you’re not the only one that can call 911, so cops may show up whether you called or not.
On December 7, 2018 at 3:41 pm, Andrew said:
dmv…
I wasn’t even beginning to attempt and make excuses for the guy with the shiny badge.
That’s an awfully polite rebuttal to what you said.
I meant.
Like Erik Scott at Costco in Vegas, he probably was given “conflicting commands”.
“FREEZE! DROP THE GUN! GET ON THE FLOOR!”
Which one cannot actually even hope to possibly “comply” with.
I didn’t see a way to play the “body cam” footage so I can’t verify, and I’d bet dollars to donuts that part doesn’t get released.
Plus also, if the homeowner had just shot the perpetrator, indoors, and as a bonus was a “Vietnam Vet”, his being able to hear any “command” might be gone.
I didn’t see mention of what the homeowner shot the homeowner with but even if it was a Browning Buck Mark with a 10″ barrel, it’s going to be loud, indoors, speaking from my very limited experience of being in a room when there was a gun that got shot.
It was LOUD.
My ears rang for a couple days.
On December 7, 2018 at 3:59 pm, Elder Son said:
Blue Lives Matter: When in doubt, shoot. You can straighten it out later, and at least you went home safely at the end of your shift… whether it was a bad guy, or not. You can never be too safe, and it sucks to be you.
On December 7, 2018 at 4:03 pm, Daniel Lassner said:
Have you ever considered that using a firearm in a bathroom might impair your hearing?
Especially in a 73 year old veteran whose hearing is probably already impaired.
On December 7, 2018 at 4:13 pm, Chris Mallory said:
Again proving that cops have proved themselves unable to handle the privilege of carrying weapons while employed by the citizens. Citizens should be armed, not government employees. Better 1000 dead cops than one citizen harmed by cops.
On December 7, 2018 at 7:23 pm, Donk said:
OK Cap’n, I couldn’t stay away, there is just too much useful info on this blog and wisdom from its moderator.
@Elder Son, forget your first three words. But, “When in doubt, shoot. You can straighten it out later…” So yea, shoot the perp, drag him outside – or dont. Close, lock, barricade the door and dont answer it no matter who knocks. If a day or two goes by and no one comes to the door, drag the perp’s sorry a** into the street or parking lot or field across the street and keep your mouth shut.
On December 7, 2018 at 7:31 pm, Jaque said:
Hearing impaired and people who don’t speak English have become victims of murder by cop. And some cops have shot and never issued a warning. For hundreds of years Police have been told that only bad guys have guns. I believe they are instructed that today. My concern is a self defense shooting in public where no one knows who’s good or bad. Cops show up and see a guy with a gun pointed at another guy with a gun. Who is who. Then there is coming to the defense of a third party which is confusing to all, especially arriving cops.
Cops are given the right kill even if they kill the wrong person. Cops should not get away with such errors. Never.
On December 7, 2018 at 7:44 pm, Tim said:
I would have to wonder of the homeowner, who had just fired a weapon inside the house and was probably experiencing some serious ear ringing, might not have heard the officers commands at all? Doesn’t change the fact that the officer shot the wrong man. Perhaps future LE training might want to cover that little detail-after all that is why they wear earpro when they qualify.
On December 7, 2018 at 8:05 pm, Gunner3USMC said:
So I am a currently serving peace officer, a Constitutionally authorized one-Deputy Sheriff. That whole line in the article-“When Black did not respond to multiple requests to drop his weapon, he himself was shot by Officer Limbaugh in his living room and died from his injuries at University of Colorado Hospital.” I’ve been doing this job for 30+ yrs. Officers DO NOT GET TO KILL people NOT doing what they’re told. They get to ONLY when a THREAT IS being presented. Even if a person is merely holding a firearm at their side, not obeying to put it down, they don’t get shot unless they raise it in a threatening manner. Yet to be shot down in you own home….Can you say WRONGFUL DEATH SUIT. The guy was murdered by gov’t. AND remember when gov’t disarms it’s people….it’s always gov’t and police at some time in the future that murders them. NEVER GIVE UP YOU WEAPONS. My Oath to my country and my Constitution is as solid as my Covenant to my wife and which I have fealty to both. Bellum venturas est. Tempus fugit. Plan accordingly.
On December 7, 2018 at 9:34 pm, Sixtygunnuh said:
This is what the norrmies and Neo-Jacobins simply cannot fathom. Can. Not. Do. It. When the music stops, and given the present trajectory it will, these satanic murderous tatood jackboots will be the ones under order by their masters to go and wreak the ninth circle of hell within our happy home – our Heartland. And for areas like Berzerkley, San Fagfrisco, Portandia it will be a simple turn as it is most recently in Venezuela where the jackboots are well fed and maintained by their masters. Kith and Kin will likely mitigate this on a wider scale, but the time will be an opportunity to right far too many many wrongs. for far too long, hopefully in perpetuity. If the likes of the individual depicted here was domiciled in my area – he would be among the first recipient of remedial social work. He is not alone and is by no means the rare exception among the tacticools. For those of you unfamiliar with this murderous punk – he was acquitted of 2 Murder though Danny shavers widow and children in in the process of administering a financial bath on which they’ll collect every penny. The problem? Danny Shaver is still dead. His children fatherless. https://www.youtube.com/watch?v=qYRRSdjdcbo. Recognize Phil? https://assets.change.org/photos/6/iq/au/seIQAUTvRJQJKbI-800×450-noPad.jpg?1512796963. This is Phil’s weapon: https://media.tmz.com/2017/12/08/1208-ben-meiselas-gun-twitter-1.jpg.
On December 7, 2018 at 9:57 pm, Sixtygunnuh said:
And this recent occurence in Dallas which Aesop treats here: http://raconteurreport.blogspot.com/2018/12/this-is-my-not-so-shocked-face.html
On December 7, 2018 at 11:13 pm, gary gray said:
According to Professor John Lott in his book, “More Guns, Less Crime”, you are 13 times more likely to be shot by a cop than a citizen.
Do what you gotta do, THEN, call the law.
On December 8, 2018 at 1:31 am, JFP said:
Ahh, good old Aurora. Been a few years but this reminded me of the great bank robbery intersection shut down in 2012 or so.
Officer Friendly pointing a shotgun at a kid as he gets out of the car:
https://imgur.com/lW7rz
On December 8, 2018 at 1:41 am, JFP said:
Oh and Rob Pincus defending this nonsense is hilarious. “I don’t know how anyone could not say this was justified” at 10:10 on that video. Sure, Rob, sure. La policia sure didn’t identify themselves as they went in.
On December 8, 2018 at 8:40 am, Longbow said:
Cop mentality:
“Anyone who is NOT ME and NOT A MEMBER OF MY GANG, is the Enemy and is to be engaged at my whim. Any action other than abject submission, (groveling, whimpering, begging for life) is an aggressive action and is to be engaged with deadly force. Right to arms? Not in my presence. Right to Life Liberty and Property? Not in my presence. I am Johnny Law and I cannot be wrong.”
Average Joe Bootlicker’s mentality:
“Well hell… I mean, if it was the cops what dunnit… I mean, there ya go right there… Why didn’t he just submit and comply?”
All of the above summed up nicely by fictional Sheriff Teasle. “People go fuckin’ around with the LAW and all hell breaks loose…”. By “people” the fictional Good Sheriff meant mere mortals like you and me.
On December 8, 2018 at 9:10 am, J said:
I learned alot being on both sides at a Numerous Force on Force Training Course’s.
That said…
The Job,Job Title and or Badge is absolutely NO REASON for a different Judicial outcome compared to a “Civilian” in the same encounter.
On December 8, 2018 at 9:32 am, John C. LaDuke said:
These Officer Involved Shootings are very disturbing to me…
I was a member for seven years of the Officer Involved Shooting/Use of Deadly Force Review Board of one of the largest Metropolitan Police Departments in the USA. I participated in the review and judgement of dozens of cases of Deadly Force.
Until you walk in these officers shoes, withhold your judgement. They make decisions in a split second that the best attorneys would take days or weeks to decide. I am a veteran with extensive combat experience and have been with them many times in the field and on patrol.
However, that being said… Gunner3USMC said it ALL. There are LEOs who are good… and some who shouldn’t be carrying a weapon.
I have further come to believe that in this increasingly permissive shooting environment created and sustained by anti-gun factions making all guns and those holding them “bad” and that and PDs encouraging the officers to think that the entire scene of response is a “kill zone,” that putting your weapon away when you are sure the threat(s) is gone, calling your attorney and waiting for him or her to arrive at the scene before letting law enforcement into your house is the best approach.
Only ONE WORD should be said to LEOs in a situation where you have used deadly force… “Lawyer.”
This shooting stinks…
On December 8, 2018 at 11:53 am, Chris Mallory said:
Gunner3USMC ,
Since the US Constitution deals with granting powers to the Federal government, can you please cite the Article and Section that makes you “a Constitutionally authorized one-Deputy Sheriff.”?
Now, if you are talking solely about a state constitution, you would be correct.
In other matters, the Ventura deputy killed in the Borderline shooting was shot by a CHP trooper using some kind of AR. It is reported that the deputy would have survived the 5 hit he took from the bad guy’s .45, but the 5.56 fired by the trooper went through his vest to hit his heart.
On December 8, 2018 at 2:02 pm, Border Rat said:
Sad state of affairs.
You have an innocent person shot due to lack of proper training of a cop…due to severe MISmanagement of the cops training program. Caused by incompetent, unprofessional department management. But no one looks at the cause for this failure. Across the nation, no one holds LE management responsible, or accountable, for their perpetual, ongoing, lack of support for continuing, refresher training. The only skill in all of law enforcement that is not perishable, is management ineptitude. The pointy end of the spear needs to be sharpened continuously. While the cop did exactly as he was trained. He was trained wrong, and he was trained- not enough! So the DA is actually an unendicted co-conspirator, as are all the members of the cops management chain of command.
On December 8, 2018 at 2:09 pm, Ned said:
As Andrew mentioned, if you are inside and fired several shots, you are, for a time, hearing impaired. Not that that would matter to an Only One entering your house.
On December 8, 2018 at 2:09 pm, Donk said:
@Gunner3USMC, @Chris Mallory is a LEO boot licking troll. I dont comment much but as an information addict and someone who has a savant ability to connect dots – CM is a troll.
The elected Sherriff is the ONLY constitutionally valid LEO in the formerly Consitutional Republic AO called the USA. That shipped sailed certainly with Hamilton and without a doubt with Lincoln. Anyone interested with 30 minutes web time can look up the nexus and stand up of local municipal police forces and who be they sugar daddy. The only Consteetooshin valid peace officer is the local Sherriff. And, his only Constitutional authorized duties are to assure that Chris Mallory doesn’t violate Donk’s rights protected under the Consteetooshin – full and unequivocable stop. So, @Gunner3USMC, you seem like a honorable dude but if you are willfully enforcing any Fed/.gov color of law anti-Consteetooshin precepts/regs – you fail in your premise – sorry.
That said, considering the present state of regulatory and law enforcement affairs, it seems to me we should all be going full Buppert. Bill is an avowed Aetheist and that gives me considerable pause as a devoted disciple of Christ. Yet, God is the author of all truth, beauty and goodness and often times that can be revealed among the pagan. Mendelssohn, Mozart, Leonard Berstein, Oscar Wilde, Edgar Allen Poe (shout out to da Commonwealth). So…..let’s chat about the more esoteric aspects of our Western civilization than always chest beating over unruly LEOs. In fact, let us as sovereigns over our @Fred Apex tribes, make a pact today we will no longer accept tyranny in our local AO, however, it manifests itself REGARDLESS of the personal cost. As far as me and my household…..done, years ago.
On December 8, 2018 at 8:30 pm, Chris Mallory said:
Donk, you must have me confused with someone else. I hate cops. Never licked a boot in my life. Why I only did one enlistment, I will not kiss ass and I don’t care what “rank” you are.
The US would have been better off if both Hamilton and Lincoln had been smothered in their cribs.
Come on Donk, give me Article and Section of the US Constitution that says anything about local law enforcement or sheriffs? Maybe quote the section that mentions sheriffs?
Can you do it? The Feds are only given authority to deal with 3 crimes: Treason, Piracy, and Counterfeiting.
Come on Donk, you can randomly capitalize words, back them up with citations from the US Constitution. Do I need to type slower so you can understand?
On December 9, 2018 at 1:32 pm, Gryphon said:
Incidents like this will continue to happen at an increasing Rate, until enough People Realize that the “Law” does Not Apply to the government, across the board, only AGAINST the Citizens. I think the Inflection Point will be when a Citizen publicly Shoots Down one of the Badged Orcs, and it is Clear that the Citizen was ‘in the Right’. Too Many Cameras now, the thugpigs are already being Exposed, Daily, as “Criminals under Color of Law” every Time one of these Murders takes place.
Learn where they live in Your AO.
On December 9, 2018 at 6:31 pm, Donk said:
@Chris Mallory, I misjudged you and read your post too quickly. Wow, reading your retort, I completely and criminally misjudged your position – I apologize and am truly forlorn. I tend to riff through many sources of info very quickly due to time pressures did not give you your due. I too hate cops. I too agree your comment re Ham and Linc specially since where I am from (SE VA) and what happened to my extended ante-bellum family.
So, to address your cogent points. As I said in an earlier comment on some other random liberty space post, I am leaning more towards going full Buppert. OK, I remember, it was Captains J post. Captain is a Calvinist, I am trying to catch up. Buppert, an avowed aetheist has very cogent points regarding rejecting .gov athoretay – not to mention Baldwin.
To your documentation challenge
https://en.wikipedia.org/wiki/Sheriffs_in_the_United_States
https://tenthamendmentcenter.com/2010/07/19/constitutional-sheriffs-now/
So, with my Google searches maybe I see your point. It is not a federal gig but a state one. Word, I am not a citizen of the US but likewise of SC. Sorry, tired of thinking and typing. Hope you accept my apology, sincerely offered.
On December 11, 2018 at 7:54 pm, conrad said:
Running your gun indoors will definitely effect your hearing.