APD OIS search warrant released

[Texanjoker]

Search warrant released. Deceased was a CHL holder. As a CHL he should have known to surrender his gun. You can read the search warrant at this link.

http://content.austin.ynn.com/auscontent/files/schaefersearchwarrant.pdf

Warrant: Man shot by police engaged in ‘stand-off’ with officer - YNN - Your News Now

Schaefer told the dispatcher he was still armed and had a concealed handgun license. The dispatcher asked him to put away his weapon before police arrived, but Schaefer refused.

Two Austin police officers arrived on scene, inducing John Whitted, a veteran of APD since 2009. When the officers arrived, they again asked Schaefer to put away his weapon which was in a holster on his waist, but he again refused to disarm.

“In an effort to make the scene safe,” the warrant reads, “Officer Whitted attempted to handcuff Schaefer. Schaefer resisted by pulling away and stated, ‘Don’t do that,’ and then reached for and drew his side arm and pointed it at Whitted

 

[txinvestigator]

Can you read the warrant? When I try to open it the thing is jacked up.

 

[F350-6]

Can you read the warrant? When I try to open it the thing is jacked up.

I can. Lot's of things not so good in it. Mostly poor decision making by all parties involved it sounds like. Here's the text of the article

John Schaefer, the man killed by an Austin police earlier this month, was involved in a “stand-off” with an officer before he was shot twice in the chest, according to a search warrant released by APD Wednesday.

The document reveals new details of the shooting, including testimony from a passerby in the neighborhood who saw the two men with guns pointed at each other. It also said Schaefer refused to be handcuffed by officers outside of his North Austin home after he repeatedly declined to discard his own weapon.

The warrant, dated on the day of the shooting, was sought to search Schaefer’s duplex for multiple firearms, including revolvers, shotguns and pistols, along with various types of ammunition.

Around 7:30 a.m. on March 1, Schaefer called 911 to report he shot a pit-bull that attacked him his backyard, located in the 10000 block of Lanshire Drive, near the intersection of Kramer Lane and Metric Boulevard.

Schaefer told the dispatcher he was still armed and had a concealed handgun license. The dispatcher asked him to put away his weapon before police arrived, but Schaefer refused.

Two Austin police officers arrived on scene, inducing John Whitted, a veteran of APD since 2009. When the officers arrived, they again asked Schaefer to put away his weapon which was in a holster on his waist, but he again refused to disarm.

“In an effort to make the scene safe,” the warrant reads, “Officer Whitted attempted to handcuff Schaefer. Schaefer resisted by pulling away and stated, ‘Don’t do that,’ and then reached for and drew his side arm and pointed it at Whitted.”

That is when Officer Whitted felt his safety was jeopardized and fired his own weapon at Schaefer two times in the chest, killing him, according to the warrant.

 

[Texanjoker]

Can you read the warrant? When I try to open it the thing is jacked up.

yeah..

http://content.austin.ynn.com/auscontent/files/schaefersearchwarrant.pdf

 

[txinvestigator]

I can. Lot's of things not so good in it. Mostly poor decision making by all parties involved it sounds like. Here's the text of the article

Yeah, I can read the article. When the warrant downloads it looks like a fax that got jammed when being sent, and I cannot read it.

 

[Doc Roe]

Nevermind, LJH beat me to it.

 

[LJH]

oh goodness....

 

[breakingcontact]

How about if the freaking pitbull wasn't attacking him? The whole incident could have been avoided. People and their damned dogs.

 

[zembonez]

People defend their damn dogs more than they do humans. I have nothing against dogs, but it is becoming more and more ridiculous.

 

[txinvestigator]

oh goodness....
View attachment 19571 View attachment 19572 View attachment 19573 View attachment 19574

Thanks. I can read that

 

[txinvestigator]

This isn't about dogs, pits, or dogs and people. It is about pointing a gun at a cop and getting shot.

Even with the warrant, we don't know a lot. Mainly, the demeanor of the guy who pointed his gun at the cop.

 

[breakingcontact]

If the man indeed pointed his gun at the officer that was foolish. But there was a lot of foolishness here no? The pitbull attacked him. Why was the pitbull not in direct control of the owner? Why the hell does someone living in town need a pitbull? (Don't start comparing your right to own a gun to your right to own a pitbull. Your Glock can't wonder into a neighbors yard and start attacking ppl.)

Also what is the SOP for an officer "disarming" a CHL holder or any otherwise non-threatening citizen with a gun? He was trying to handcuff him and the man turned and pointed his gun at him?

 

[txinvestigator]

If the man indeed pointed his gun at the officer that was foolish. But there was a lot of foolishness here no? The pitbull attacked him. Why was the pitbull not in direct control of the owner? Why the hell does someone living in town need a pitbull? (Don't start comparing your right to own a gun to your right to own a pitbull. Your Glock can't wonder into a neighbors yard and start attacking ppl.)

Also what is the SOP for an officer "disarming" a CHL holder or any otherwise non-threatening citizen with a gun? He was trying to handcuff him and the man turned and pointed his gun at him?

We don't know the demeanor or the man. We don't know he was "non threatening". Removing the gun from the scene removes what LE calls an area of concern.

If a person does not expect to get shot when they point a gun at a cop I just don't know what to say.

 

[breakingcontact]

For sure. We don't know all the details. It could have turned out better if several things were handled differently by most involved.

If the officer had a gun pulled on him, pointed at him in an aggressive manner I don't fault him for shooting. (I know you should never point a gun at someone but a non aggressive manner would be say the mag was out and the slide locked back and he was handing it to him...that sort of thing)

 

[deemus]

We don't know the demeanor or the man. We don't know he was "non threatening". Removing the gun from the scene removes what LE calls an area of concern.

If a person does not expect to get shot when they point a gun at a cop I just don't know what to say.

It seems not pointing a gun at a cop should be common knowledge. And common sense.

 

[majormadmax]

Also what is the SOP for an officer "disarming" a CHL holder or any otherwise non-threatening citizen with a gun? He was trying to handcuff him and the man turned and pointed his gun at him?

§411.207 - AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.

Not that I've had to do this, but if a peace officer wanted to disarm me I expect he/she would instruct me on how they would do so. In most cases with a cooperative individual that is not necessary nor done, but as soon as this guy got hostile I completely understand the officer's desire to do so for everyone's safety.

The idiot resisted, was dumb enough to pull his weapon and he paid the price for doing so. I don't understand why he would do something so stupid, but I firmly believe that given the facts we have that the shooting was clearly justified.

Personally, I feel sorry for the officer who was forced to defend himself. I am sure he didn't want to take this individual's life.

 

[majormadmax]

It seems not pointing a gun at a cop should be common knowledge. And common sense.

Well, for one guy in Austin, apparantly it wasn't...

 

[Mic]

Why the hell does someone living in town need a pitbull? (Don't start comparing your right to own a gun to your right to own a pitbull. Your Glock can't wonder into a neighbors yard and start attacking ppl.)

Did you really say that? That comment is completely retarded!

 

[UncleSamsMisguidedChild]

Well, for one guy in Austin, apparantly it wasn't...

Common sense doesn't run rampant in Austin.

That is not meant to be a reflection of the deceased, and I pray for his family, but as a general, common sense isn't common anymore

 

[breakingcontact]

Did you really say that? That comment is completely retarded!

My comment was "retarded"? Wow. Like it wasn't fully developed or...? Curious what "retarded" means in this context. If it was retarded, I can elaborate if you like.