Law enforcement violation of the fourth amendment – Daily Kos

I am writing this to make you aware of a situation that has happened in our great state of Montana. As Montanans we pride ourselves on being independent and self-reliant. We like our space, our gun ownership, and our civil rights. Statewide, and Nationwide, there is an ongoing problem with how police respond to those experiencing a mental health crisis. As I am sure you are aware, Montana has one of the highest rates of suicide in the Nation. For all age groups, Montana has ranked in the top five for suicide rates in the nation, for the past thirty years. With these statistics, Montana is bound to have issues related to how police respond to citizens struggling with suicide. Which is exactly what happened to my family.

My son, Trevor, was shot and almost killed on September 27, 2021 by Anaconda police during a welfare check. He was in an emotional crisis when a phone call from an ex-girlfriend was made to 911 for a welfare check. Police showed up and tried to make contact for approximately 40 minutes, but were unable. They decided to violate the law and the fourth amendment of the constitution and enter his house without a warrant or probable cause. Exigent circumstances did not exist either. When officers are confronting a suicidal subject who isnt committing a serious crime and isnt an active threat to anyone other than themselves, the best response is for them not to engage and to withdraw from the situation. They did not do that in this situation, and instead escalated it. Upon entering, the chief of police can be heard on body-worn camera saying my sons name Hey, Trevor, its (chief of police says his name) come talk to me buddy. My son said in his statement to the State investigator, while laying in his hospital bed 3 days after fighting for his life, I just wanted to be left alone. I didnt think they could just come into someones house. When I knew they wouldnt leave and were in my house I went to go talk to them and boom! I got shot. I thought I was coming out to people who were there to help me, not AR-15 assault rifles! My son was in the closet of an upstairs playroom for his daughter that has a curtain for a door. It was 4/10 of a second between when the curtain moved and the shot was fired. The officer, as soon as he pulled the trigger, is heard on the body camera saying oh shit; I saw the fucking curtain move and let one fly. A gun was found on a basket by the closet, and the officer who shot him is heard saying on body camera, I dont know where that came from; he could have had it. I dont know. To cover their own asses they charged Trevor with assaulting the police officer. A former Anaconda police officer and friend told us that the officers did not follow what they had been taught at the police academy. They refused to admit to wrong doing.

The District Judge Dayton banned the use of the fourth amendment in defense. My son was convicted of assault on a police officer on December 8th 2022, when in reality they assaulted him in his own home while he was exercising his constitutional right to be safe in his home. He is a veteran, a wildland firefighter and a teacher. Our family has always been connected to the community and are productive members of society. We held important jobs in the community as well as participating in a variety of community programs. My son does not have a criminal record. Does anyone feel safe if cops can lie to cover their own asses? The officer who shot my son testified that he thought he saw a gun in Trevors left hand. Body camera footage proves that to be a lie. He did not say a single word about seeing a gun directly after the incident. The ex girlfriend who called 911 testified that Trevor threatened the cops in her phone conversation with him and that she heard what she thought was a gun shot. In her call to 911, she can be heard calmly saying she heard a pop. The noise she heard was Trevor throwing his phone against his metal kitchen cabinets because he was mad. The ex girlfriend said nothing about Trevor threatening the cops in her 911 call because he didnt. The CEO, Bill Everett, and county attorney, Ben Krakowka, allowed the police to cover up an accidental shooting, and even aided in the criminal act. The county attorney, Ben Krakowka, actually prosecuted my son. I believe they prosecuted Trevor because the cops wouldnt admit to wrong doing! I just cant believe the jury believed the lies and found him guilty as well. I am worried there was intimidation or jury tampering in this case. In addition there is corruption in our police department as well as our county government.

We need to take a stand against violations from our elected officials and police officers. This could have been your son or daughter. Right now we are not safe in our homes! If they really cared for my son and thought he might have hurt himself, why didnt they call EMS to the scene? Why did they wait 40 minutes outside the home if they thought he might need medical attention? They didnt call EMS until after he was shot by them. Under oath one captain said I dont have first aide. only CPR. Same captain said when asked why they didnt have an ambulance on scene, Oh, theyre just down the road. Dont our officers have to have basic skills? Especially if they think they can go into your homes to save someone when they dont even have the basic skills. Please help me get my story out and stop our elected officials from damaging my son and our community anymore! We would love to tell our story and save lives. As a mother and friend, Im asking for support to stop the abuse of laws and our constitutional rights as voters and tax payers by our elected officials. Call them and ask for justice!

The rest is here:
Law enforcement violation of the fourth amendment - Daily Kos