Sunday, January 13, 2013

Officer John Moody Cleared In Shooting

On June 8, 2011 John Moody a Manteca, California Police officer shot and killed Ernest Duenze in front of his house.

Nearly a year and a half later the San Joaguin DA's Office concluded that the officer was justified in his actions.

But if you watch the video below, and it is indeed very graphic you will conclude that Officer Moody may not have been justified.


Cedar's Take:

Clearly Officer Moody knew the suspect and that the suspect was a threat.

Duenze at one point just before he is shot seems to be complying attempting to put both hands on the roof of the truck.

At first glance it appears that Officer Moody has over reacted and shot an unarmed man. In fact the media has played to this thinking.

Google John Moody shooting and see how many news stories pop up that say "Officer Cleared In Shooting of Unarmed Man".

This has spawned a firestorm of local and national outrage.

A couple of interesting facts:

Anonymous has targeted the Manteca Police Department and DA.

Officer Moody seems like a stand up guy.

Officer Moody discharged his weapon 13 times hitting Duneze 11 times.

Officer Moody shot Duenze at least 4 times while he was already down.

Duenze tries to exit the truck from the back seat and his leg becomes tangled in the front passenger seat belt.

Immediately after the shooting Officer Moody is asked how many shots, his answer "around six".

In the video which is pretty intense, even slowed down no weapon is visible, in fact as officer Moody searches Duenze he is unable to find a weapon.

Even as Duenze' wife runs to his side, Officer Moody is still firing his weapon. But he doesn't know it.

There are still two rounds in the weapon but the gun is not firing even though he continues to pull the trigger.


However the facts and an analysis of the dash cam video as well as a very detailed review of the shooting determined that indeed Duneze had unsheathed a throwing knife and held it in his right hand.

This was in fact a "good shoot".

The entire report is here.

The report shows without a doubt Officer Moody was justified in using deadly force.

A couple of things to consider.

This video and the DA's report should be mandatory study for every CMPD Officer. Not just the shooting but the aftermath. Look at how many possible additional threats are present. Notice the person in the window, had they been armed it would have been fatal for Officer Moody.

Duenze though his actions is to blame for his own death. A number of factors created a situation that turned deadly. Any Officer given the same scenario should react the same way. However, as the situation exploded a number of things could have gone much worse.

First there were still two people in the truck, a number of occupants in the home could have been struck. Officer Moody is clearly shaken so much so that he is involuntarily pulling the trigger even when Duneze's wife is approaching unarmed.

Officer Moody is at first securing his weapon, anticipating a foot chase, had Duenze held a firearm and not just a knife this would have been a memorial post and not a review of a good shoot.

Notice to all you thugs, if you think the police are not going to shoot because you are trying to run away guess again.

Notice to all the family members who cry out that the Officer should have shot him in the legs, guess again it just doesn't work that way.

Advice to all, until the Officer knows that you are no threat stay in the car, keep your hands in plain sight make no sudden movement.

Nothing freaks out a Cop than some idiot diving under the seat for a dropped cell phone just as he/she walks up to a car on a traffic stop.

Finally a word on CMPD. Why doesn't our police department provide the same level of transparency?

1 comment:

Anonymous said...

There is no transparency in the CMPD because the Chief tells the IA Major what to do, and he has no backbone to do the ethical thing. The Manager and Council let them. The End.