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InvisibleGreen_T
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$30 million lawsuit against DEA agent heading to trial [TX] * 1
    #13453264 - 11/08/10 11:17 AM (13 years, 6 months ago)

$30 million lawsuit against DEA agent heading to trial
November 07, 2010 - The Monitor

McALLEN — A federal jury is expected to hear a $30 million lawsuit against a DEA agent who allegedly shot a 16-year-old in the head during an alleged truck theft.

The off-duty DEA agent, Henry Colin Hill, shot Rodrigo Hernandez, 16, in the face when he fired 27 rounds from an assault rifle into a getaway vehicle alongside Hernandez’s brother, 18-year-old Ernesto.

Hill told Mission police at the time he believed the Hernandez brothers were trying to steal his undercover agency-issued vehicle.

State and federal authorities never filed criminal charges against Hill, who now resides in the Houston area.

Ernesto Hernandez Jr. was found guilty on a misdemeanor attempted theft charge and received a four-month jail sentence.  When he was formally charged, he told reporters Hill pistol-whipped him during the incident.

Juvenile criminal charges against Rodrigo Hernandez were dismissed.

Filed in June 2009, the lawsuit alleges that Hill intended to shoot Rodrigo, his brother and another teen involved in the alleged theft, even though they were unarmed and trying to flee the scene.

Hill’s bullets hit Rodrigo several times, striking him in the face and chest, requiring massive reconstructive surgery and leaving him unable to make a smile. A photo from the scene that night shows Rodrigo covered in a pool of blood, with a massive wound on his face.

“One of the bullets entered through the rear of the vehicle, passed through the driver’s headrest and blew open the right side of Rodrigo Hernandez’s face,” the lawsuit states. “The damage inflicted by … the gunfire was so severe and Rodrigo Hernandez was so mutilated and unrecognizable” that Hill could not identify him at the scene.

Mission police never filed criminal charges against Hill, saying the he “acted within his right” and turned over the case to the Hidalgo County District Attorney’s Office. A grand jury declined to pursue charges against Hill, as well.

State law at the time prohibited individuals from using “excessive force” to protect their homes, vehicles and places of business. That has since changed, with the “castle law” eliminating the requirement that property owners attempt to flee danger before using deadly force.

Hernandez’s attorney, Jason Honeycutt, declined to comment on the pending case.

The $30 million demand from Hernandez — outlined in the lawsuit as needed to cover past and future medical bills, as well as to push the DEA to better train its agents — is the largest amount allowable under the Federal Tort Claims Act.

The lawsuit is scheduled to go to trial in U.S. District Court in McAllen early next year. Besides Hill, the U.S. government and an unnamed party are listed as defendants.

A U.S. Attorney’s Office spokesperson could not be immediately reached for comment on Friday, though the agency normally does not comment on pending litigation.


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Offline2859558484
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: Green_T] * 1
    #13453286 - 11/08/10 11:23 AM (13 years, 6 months ago)

that sucks and fuck the DEA, but if youre stealing some guys truck on the border in texas its very possible you will get shot in the face with an assault rifle.


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InvisibleSuperD
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: 2859558484]
    #13453298 - 11/08/10 11:24 AM (13 years, 6 months ago)

Quote:

wowitch17 said:
that sucks and fuck the DEA, but if youre stealing some guys truck on the border in texas its very possible you will get shot in the face with an assault rifle.




Yeah DEA agent or not, this guy probably would have been shot regardless by somebody.  Texans love their right to bear arms.


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Offlineidunno
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: Green_T]
    #13453309 - 11/08/10 11:27 AM (13 years, 6 months ago)

:shrug: that what those illegals get for trying to jack- Keep your hands off other peoples shit- Only mistake he made was not Fatally shooting all of the suspects-now he is being sued-  Kinda like the lady in New York that got sued by a cat burglar falling through her skylight-


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The death of one man is a tragedy. The death of millions is a statistic..  Josef Stalin

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OfflineLoudStereo
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: Green_T]
    #13453321 - 11/08/10 11:28 AM (13 years, 6 months ago)

I would have killed them all if I was him. I could care less how old you are, if you think its okay to steal my car then I think its okay for you to die, you are completely worthless to this earth.

Even though the law was different at the time of the situation, the agent should still be given no punishment, people shouldn't have to deal with that crap, and their death seals the deal pretty easily. Not to mention THERE IS NO REASON TO STEAL ANYONE ELSES THINGS.

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Offlineblujay
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: LoudStereo]
    #13453359 - 11/08/10 11:35 AM (13 years, 6 months ago)

Quote:

LoudStereo said:
I would have killed them all if I was him. I could care less how old you are, if you think its okay to steal my car then I think its okay for you to die, you are completely worthless to this earth.

Even though the law was different at the time of the situation, the agent should still be given no punishment, people shouldn't have to deal with that crap, and their death seals the deal pretty easily. Not to mention THERE IS NO REASON TO STEAL ANYONE ELSES THINGS.




Assuming I had shot someone's face off, I would probably have the mercy to go ahead and kill them the rest of the way.


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Offlineidunno
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: LoudStereo]
    #13453362 - 11/08/10 11:35 AM (13 years, 6 months ago)

Also if it took place in texas the guy should get off, The guy got off in Houston or what not that shot those guys,robbing his neighbors house,and after he called the cops- and they told him not to- So any thing is possible-


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Invisibleredeyesmj
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: LoudStereo]
    #13453486 - 11/08/10 12:08 PM (13 years, 6 months ago)

There are some COLD blooded peaple here!!! noone deserves to die for stealing!!
Quote:

idunno said:
:shrug: that what those illegals get for trying to jack- Keep your hands off other peoples shit- Only mistake he made was not Fatally shooting all of the suspects-now he is being sued-  Kinda like the lady in New York that got sued by a cat burglar falling through her skylight-



Quote:

LoudStereo said:
I would have killed them all if I was him. I could care less how old you are, if you think its okay to steal my car then I think its okay for you to die, you are completely worthless to this earth.

Even though the law was different at the time of the situation, the agent should still be given no punishment, people shouldn't have to deal with that crap, and their death seals the deal pretty easily. Not to mention THERE IS NO REASON TO STEAL ANYONE ELSES THINGS.




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Where am I at?


[/url]
“To be godless is probably the first step to innocence," he said, "to lose the sense of sin and subordination, the false grief for things supposed to be lost."
So by innocence you mean not an absence of experience, but an absence of illusions."
An absence of need for illusions," he said. "A love of and respect for what is right before your eyes.”― Anne Rice, The Vampire Lestat

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OfflineChronicCluster
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: LoudStereo]
    #13453555 - 11/08/10 12:26 PM (13 years, 6 months ago)

I was a little upset to read the title, but they knew the dangers that they faced when they chose to do something that stupid.

I support the castle doctrine, especially in rural areas like mine where it might take the cops thirty minutes just to get to the scene of the crime.
People need to be able to protect themselves.  Don't do the crime unless you are willing to accept the dangers that come with it.


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InvisibleSuperD
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: ChronicCluster]
    #13453599 - 11/08/10 12:37 PM (13 years, 6 months ago)

It was ridiculous in the first place to expect someone to flee instead of protect their home in the event of a robbery or burglary.  If anything, that just encourages more break-ins as the would-be thieves know people are required by law to flee instead of protect their property.  I fully support the castle doctrine and see it being used quite often where I live.


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OfflineLoudStereo
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: redeyesmj]
    #13453647 - 11/08/10 12:48 PM (13 years, 6 months ago)

Quote:

redeyesmj said:
There are some COLD blooded peaple here!!! noone deserves to die for stealing!!





No one deserves to have to deal with the bullshit of getting your car stolen.

Thieves only cause grief and they can ALL be killed. NOBODY HAS ANY REASON TO STEAL!!!!!!!

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Offlinefapjack
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: LoudStereo]
    #13453673 - 11/08/10 12:57 PM (13 years, 6 months ago)

If you honestly consider your property more valuble than human life you have your priorities fucked up.  If someone is threatening you that's one thing, but to kill a thief is completely fucked up.  Some of you people need to value your shit less.  This is coming from someone almost killed by an armed robbery btw, I really dislike thieves.


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OfflineChronicCluster
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: fapjack]
    #13453750 - 11/08/10 01:15 PM (13 years, 6 months ago)

Quote:

fapjack said:
If you honestly consider your property more valuble than human life you have your priorities fucked up.  If someone is threatening you that's one thing, but to kill a thief is completely fucked up.  Some of you people need to value your shit less.  This is coming from someone almost killed by an armed robbery btw, I really dislike thieves.



Your right.  we should all lay down and let everyone rob us blind.
I mean, they'll definitely get away before the cops ever manage to get around to the house, so no worries right?
:rolleyes:

They knew the risk that they were taking.  They knew what could happen.  They need to take responsibility for their actions.
My house is my castle.  If you do not have permission, you enter at your own risk.  If you enter without my permission, then don't you dare bitch about what happens.

I will defend my family to the death.  And just letting people rob you is guaranteeing that others will be back, and it will put your entire family at risk.
Maybe you're willing to risk your family for a few valuables.  I will not put my family in that kind of danger.


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OfflineLoudStereo
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: fapjack]
    #13453770 - 11/08/10 01:20 PM (13 years, 6 months ago)

Quote:

fapjack said:
If you honestly consider your property more valuble than human life you have your priorities fucked up.  If someone is threatening you that's one thing, but to kill a thief is completely fucked up.  Some of you people need to value your shit less.  This is coming from someone almost killed by an armed robbery btw, I really dislike thieves.





You better believe every single one of my possessions is worth more then some piece of shit thief. He doesn't deserve my things, I worked hard for my stuff.

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Offlinefapjack
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: ChronicCluster]
    #13453774 - 11/08/10 01:20 PM (13 years, 6 months ago)

If I caught someone robbing my house I would beat the shit out of them, or possibly stab them.  I wouldn't kill them though unless they were actually threatening my life.:shrug:
You think people rob houses like raccoons raid trash cans, people rarely hit the same house twice.  I'm a pacifist though, I have no desire to take someone elses life for something as stupid as trying to steal my car.  If that's your priority that's fine, my "shit" isn't that valuable to me.  Its just stuff, you can always get more of it.


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OfflineShroomerette
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: ChronicCluster]
    #13453793 - 11/08/10 01:26 PM (13 years, 6 months ago)

I don't believe that anyone deserves to die for stealing.

But I also don't believe anyone should be punished for shooting thieves trying to flee the scene :shrug:

What happens happens, those are the risks you take when you steal cars.

Hope they don't win the lawsuit.


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Offlinefapjack
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: Shroomerette]
    #13453805 - 11/08/10 01:28 PM (13 years, 6 months ago)

He was a cop and he was shooting to kill.  It wasn't legal when it happened, he should have been charged criminally, though he shouldn't have to pay any money.


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OfflineShroomerette
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: fapjack]
    #13453820 - 11/08/10 01:33 PM (13 years, 6 months ago)

Quote:

fapjack said:
He was a cop and he was shooting to kill.  It wasn't legal when it happened, he should have been charged criminally, though he shouldn't have to pay any money.




Yeah I'll agree with that.  It says the cop said "he thought they were trying to steal his truck" and then he shot them while they were in a getaway vehicle.  That's a little different than protecting your property since they didn't have his property in their possession. 

So if they win the suit against that agent the DEA is going to pay for it? With our taxes?


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OfflineIV123
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: fapjack]
    #13453840 - 11/08/10 01:39 PM (13 years, 6 months ago)

Damn it made me sad to see most of these responses....

Stealing a car < Shooting an unarmed person in the face with an assault rifle as they were leaving

that's the way I see it at least, these were stupid kids and what they did was wrong, but the man was in no eminent danger and could have easily either shot out a tire (since he was a LEO he would have decent aim I am guessing) or call 911 report it stolen and have the police and insurance cover you like everyone else does.  If this man was not a DEA agent do you think people would be alright with someone shooting off 27 rounds from an automatic weapon and hitting an unarmed kid in the head? 

Protecting yourself is one thing, but what about the possibility of a stray bullet out of those 27 hitting an innocent bystander or someone else's property?

If you can justify possibly murdering an unarmed, nonthreatening minor with an assault rifle I have to say I personally think you are fucking crazy....but that's just me, maybe everyone should be able to shoot people over every transgression against them....wouldn't that be a wonderful world :/

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Offlinecurenado
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: Shroomerette]
    #13453865 - 11/08/10 01:43 PM (13 years, 6 months ago)

Yeah - that is the scary part "Mexican sues because did a crime and got hurt" - almost a sure win, but I hope not.

Go castle law. People are going to need it more and more.


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Offlineidunno
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: curenado]
    #13454667 - 11/08/10 04:31 PM (13 years, 6 months ago)

First of all they were illegals(prolly) so they shouldnt have been here- they were breaking the law- So why would/should they have any rights-especially when they are here to steal-


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Offline2859558484
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: idunno]
    #13454714 - 11/08/10 04:39 PM (13 years, 6 months ago)

funny how the mexican in the thread is the one accusing them of being illegal.


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Offlinedip
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: 2859558484]
    #13455197 - 11/08/10 06:21 PM (13 years, 6 months ago)

Do those of you that are supportive of the DEA guy's actions in this case feel that you have the whole story?  Have any of you ever been on the bad side of a police investigation?  Have any of you ever noticed that amongst the participants in such cases, the accounts of what actually took place vary widely?

It seems the answer to these questions, aside from the first one, would be 'no'.  It seems likely to me that you are accepting the LEO's version without any skepticism.....a big mistake IMO, and based on past events that I've been witness to.

dip

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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: dip]
    #13455784 - 11/08/10 08:12 PM (13 years, 6 months ago)

Yea he was just in the Wrong truck at the wrong time- Big mis understanding looked like my truck and my screwdriver fit the ignition- didnt know


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The death of one man is a tragedy. The death of millions is a statistic..  Josef Stalin

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OfflinePurple_spore
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: IV123]
    #13456314 - 11/08/10 09:34 PM (13 years, 6 months ago)

Quote:

fapjack said:
If you honestly consider your property more valuble than human life you have your priorities fucked up.  If someone is threatening you that's one thing, but to kill a thief is completely fucked up.  Some of you people need to value your shit less.  This is coming from someone almost killed by an armed robbery btw, I really dislike thieves.



Quote:

IV123 said:
Damn it made me sad to see most of these responses....

Stealing a car < Shooting an unarmed person in the face with an assault rifle as they were leaving

that's the way I see it at least, these were stupid kids and what they did was wrong, but the man was in no eminent danger and could have easily either shot out a tire (since he was a LEO he would have decent aim I am guessing) or call 911 report it stolen and have the police and insurance cover you like everyone else does.  If this man was not a DEA agent do you think people would be alright with someone shooting off 27 rounds from an automatic weapon and hitting an unarmed kid in the head? 

Protecting yourself is one thing, but what about the possibility of a stray bullet out of those 27 hitting an innocent bystander or someone else's property?

If you can justify possibly murdering an unarmed, nonthreatening minor with an assault rifle I have to say I personally think you are fucking crazy....but that's just me, maybe everyone should be able to shoot people over every transgression against them....wouldn't that be a wonderful world :/




X17

Eye or an eye, not life/face for a truck. He could have killed everyone in his truck, three lives, not just one. And I would bet my life he is a self proclaimed "christian". One very important commandment is "Thow shall not kill". Not "thow shall not kill(unless someone is stealing your shit) and/or (unless your government tells you it's ok/or to do it in the name of freedom)"

And btw to people thinking that you shooting someone slows the rate of your shit getting stolen, you need to go back to grade school. Living in a place with a lot of poverty gets your shit stolen. Danger or no danger thieves are going to thieve, regardless of consequences.

Wow what a controversial argument.


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Edited by Purple_spore (11/08/10 10:27 PM)

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Offline2859558484
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: Purple_spore]
    #13456850 - 11/08/10 11:23 PM (13 years, 6 months ago)

these guys would have died sooner or later. anyone in the habit of stealing trucks along the texas border will get shot/killed eventually.

call it cruel, its actually natural selection.


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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: 2859558484]
    #13457851 - 11/09/10 08:00 AM (13 years, 6 months ago)

Poverty doesnt increase rate of stolen shit-  I leave my truck unlocked with tools in it where i live- Given its a small town where most people at least know each other, on their side of town or lil area-  Also maybe the gun rack in my window is a deturant- And the fact that  Hung a deer up in my apt complex, and quartered it- Just like i would like to do to any body that stole truck, or any thing- My life is in there and its what helps me survive-with out it i couldnt get to work or have tools for work-


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OfflineRabid Jelly Bean
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: LoudStereo]
    #13458944 - 11/09/10 01:17 PM (13 years, 6 months ago)

Quote:

LoudStereo said:
I would have killed them all if I was him. I could care less how old you are, if you think its okay to steal my car then I think its okay for you to die, you are completely worthless to this earth.

Even though the law was different at the time of the situation, the agent should still be given no punishment, people shouldn't have to deal with that crap, and their death seals the deal pretty easily. Not to mention THERE IS NO REASON TO STEAL ANYONE ELSES THINGS.



Shooting out the tires would have sufficed dude. This guy wrecked his truck spraying bullets into it. He was not in danger and had no reason to open fire like that. Note that I'm a Texan with strong beliefs in being allowed to hold a firearm, but this guy was way out of line.

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InvisibleSuperD
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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: Rabid Jelly Bean]
    #13458975 - 11/09/10 01:24 PM (13 years, 6 months ago)

No matter which side of the argument you're on, you can all surely agree that firing 27 rounds from an assault rifle was a tad bit excessive.


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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: SuperD]
    #13462994 - 11/10/10 08:52 AM (13 years, 6 months ago)

Nope not excessive, still 3 rounds left in the clip- Unless it was like a M-14 with only a 20 rd clip- Then he had to reload- then that may be a bit much-  you can empty a clip on someone in about 3 sec- just depending on the gun-  especially if the gun was auto-3 shot burst-could be even faster- 3 sec isnt that long of a time. and you got adrenaline running in you system-


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Re: $30 million lawsuit against DEA agent heading to trial [TX] [Re: idunno]
    #13464051 - 11/10/10 03:07 PM (13 years, 6 months ago)

Quote:

idunno said:
:shrug: that what those illegals get for trying to jack- Keep your hands off other peoples shit- Only mistake he made was not Fatally shooting all of the suspects-now he is being sued-  Kinda like the lady in New York that got sued by a cat burglar falling through her skylight-



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