[pegasus]

Used against as in trying to show intent. He also gave an initial statement and then allegedly a different statement later on about the direction of the ATV rider. The article isn't clear if the online posts were before or after the shooting either, or how far back in time they went. (maybe years?) Also the article doesn't give the actual statements, only the opinion of the prosecutor as to what they imply.

The charges stem from an incident in February 2018 on Route 93 in South Boston, in which a large group of motorbikes, ATVs, dirt bikes and mopeds drove illegally drove onto the highway.

Trooper Sheehan was one of 10 Mass. State Troopers responding to the scene.

According to a prosecutor, after one operator broke away from the troopers’ grasp, the trooper took out his Smith and Wesson M&P patrol rifle as a show of force and fired twice at an ATV, hitting the person who was driving it in the foot.

During the investigation, the prosecutor said Trooper Sheehan changed his story about what happened.

"His original version of events was that the ATV was driving directly towards him," Assistant District Attorney John Verner said. "He later switched it to he was driving diagonally towards him."

As prosecutors present their case, they are going beyond the physical evidence of what happened that day.

They also intend to use Sheehan’s comments on social media, on a site called Mass. Cops, where

Sheehan posted as 'Big Irish' to show the trooper’s state of mind and motive at the time of the incident.

The Suffolk County DA saying in court records, "many of the posts are racially tinged, disparaging of women, promote or condone violence or excessive force, suggest 'getting creative' when finding ways to stop citizens and a lack of respect for people and human life."

Trooper Sheehan is suspended while the case works its way through the courts.

He is released on personal recognizance and his due back in court in December.

https://www.whio.com/news/national/...le-shooting-atv-rider/hefb4N5wgzIOttllmhDmMI/

 

[Divebum]

Maybe Trooper Sheehan should have left his rifle in the squad.

 

[GhostHorse]

Of course the things you say can be used against you. How could anyone think they'd be ignored?

And we're talking about a police officer here. Changing the story hurts his credibility, especially if it's about an aspect of the facts that affect how necessary the shooting was.

 

[BigBlue]

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

By all means never make a statement to anyone, anywhere without first discussing said statement with a competent attorney.

 

[jtg452]

“You have the right to remain silent...

But few have the ability.

Let the lawyer do the talking. Make no statements, declarations or even discuss the weather without a lawyer present. If you are involved in a shooting, then the police are no longer your friends.

 

[Fredward]

Two words-"Law Yer."

 

[Rickenbacher39]

I have observed that on the internet and especially social media sites it is impossible for some
people to remain rational or even in control at times.
As for me? People just look at me and say, "Oh look at that poor old man. He's completely lost his faculties".
No, no I haven't. It's part of my plan and I intend to use it to the fullest.

 

[777Driver]

"He later switched it to: He was driving diagonally towards him."

How do you do that?

 

[NativeTexan]

I have observed that on the internet and especially social media sites it is impossible for some
people to remain rational or even in control at times.
As for me? People just look at me and say, "Oh look at that poor old man. He's completely lost his faculties".
No, no I haven't. It's part of my plan and I intend to use it to the fullest.

Boy, he don't know the half of it! :rofl:

 

[GhostHorse]

I was going to say, the over achievement award goes to...

 

[Fatboy46]

ANYTHING you say online/ social media can be used against you. Keep YOUR business to yourself. Keep your guns to yourself- keep your gun opinions to yourself-

 

[Brian845]

People need to learn how to keep their mouths shut. In a situation where it's only your and your partner or only you. What happened is what you say happened. It's not about what you know, it's about what you can prove. Anyone know and/or remember hearing that line somewhere.

 

[Uzitiger]

Never say anything that can be used against yourself. Talk responsibly about gun ownership and say that you hope that you never have to shoot anyone and to end up in a situation that you have to shoot someone. This was relevant before social media existed and now you have to even more careful with your comments.

 

[taylces]

Achievements are best

 

[230JHP]

As much as the media is full of people's words, actions, etc. from years ago being dredged up to be used against them, it's a wonder people are still being busted for comments made out of their online braggadocio.

It's just a 21st century version of Mark Twain's comments:

“If you tell the truth, you don't have to remember anything.”


If you post as if you are responsible for your words, you don't have to worry about being held responsible for your words.


As far as what to say after a shooting (tangential issue), I would go with what Massad Ayoob suggests:

Massad Ayoob’s Five-Point Checklist
1. Tell responding officers “I’m the victim; he is the perpetrator.”
2. Tell responding officers, “I will sign a complaint.”
3. Point out pertinent evidence.
4. Point out any witnesses who saw what happened.
5. If there is any hint that you are a suspect, say “Officer, you will have my full cooperation after I have counsel here.

Except I would probably assume I was a suspect instead of waiting to get a hint that I was.


An excellent article:

What Do I Say After a Shooting? | Active Response Training

 

[pegasus]

As much as the media is full of people's words, actions, etc. from years ago being dredged up to be used against them, it's a wonder people are still being busted for comments made out of their online braggadocio.

It's just a 21st century version of Mark Twain's comments:

“If you tell the truth, you don't have to remember anything.”


If you post as if you are responsible for your words, you don't have to worry about being held responsible for your words.

My general rule is I would not post anything on social media that I would not be willing to say on a microphone to the entire world, because in essence that is what you are doing. Of course that doesn't stop someone from selectively cutting and pasting, whether text or audio, to take what you say out of context, and some in the media do that regularly. In the case from the OP, the prosecutor may be doing that as well in an attempt to portray an inaccurate picture of the suspects character. IDK, don't have enough enought info from just the article. If however that is the case the defense should be able to introduce evidence to put things in context.

As far as what to say after a shooting (tangential issue), I would go with what Massad Ayoob suggests:

Massad Ayoob’s Five-Point Checklist
1. Tell responding officers “I’m the victim; he is the perpetrator.”
2. Tell responding officers, “I will sign a complaint.”
3. Point out pertinent evidence.
4. Point out any witnesses who saw what happened.
5. If there is any hint that you are a suspect, say “Officer, you will have my full cooperation after I have counsel here.

Except I would probably assume I was a suspect instead of waiting to get a hint that I was.
An excellent article:

What Do I Say After a Shooting? | Active Response Training

I agree with this also, particularly the bolded. I am aware of one case locally from many years ago, where an elderly man was attacked by a younger man and had to shoot the younger attacker. The cops on the scene were very sympathetic and lead him to believe it was a "good shoot" (and it appeared to most people who knew the facts that it was also) and that no charges would be filed, everything would be okay. The prosecutor (who was accused by some of being a anti gun malicious prosecutor) however did not agree with this and pushed for the grand jury to indict, which they did. The defender had poor legal counsel and ended up getting convicted and sentenced to prison. If I recall correctly some people were outraged enough by the outcome that he was able to get new and better counsel for his appeal and it was successful, and was successful at retrial, but the damage had already been done.

Meanwhile in a similar shooting situation in a different area of the state, the defender already assumed beforehand that he was going to get charged anyway regardless of it appearing to be a legit SD situation, and basically followed Ayoob's advice regarding what to say and not say at the scene. He also started out with excellent representation instead of some public defender. He did not end up getting indicted, but if he would've he would've been in a better position legally to defend himself than the first guy.

 

[230JHP]

A worthwhile watch:

 

[garyh]

Just something to remember for all of us. Everything that goes on the internet is there forever and can be used against us. So just be careful of what we post.

 

[Old_Sp5]

What most are unaware in police officer's requirement is the person being subjected to this is a law enforcement officer. In most police agencies in the United States officers are required to make a statement as a requirement of their employment with their agency. If they refuse, they may be fired. At the end of the statements with the department I retired from was a word-for-word disclaimer indicating the statement was being made as a requirement of employment.

BUT, the issue here is not what the officer said in any statement but what he said elsewhere on some forum. Yes, those statement can be sued to show the character and mental state prior to any involvement in some sensationalized event.

I have always questioned in my mind why people on forums display photographs of their guns and list their arsenals as a signature.

 

[pegasus]

ANYTHING you say online/ social media can be used against you. Keep YOUR business to yourself. Keep your guns to yourself- keep your gun opinions to yourself-

This and other forums probably wouldn't exist if people went that far. I think a better thing is to use common sense and think how you are posting before you post.

What most are unaware in police officer's requirement is the person being subjected to this is a law enforcement officer. In most police agencies in the United States officers are required to make a statement as a requirement of their employment with their agency. If they refuse, they may be fired. At the end of the statements with the department I retired from was a word-for-word disclaimer indicating the statement was being made as a requirement of employment.

BUT, the issue here is not what the officer said in any statement but what he said elsewhere on some forum. Yes, those statement can be sued to show the character and mental state prior to any involvement in some sensationalized event.

I have always questioned in my mind why people on forums display photographs of their guns and list their arsenals as a signature.

Even way back in the 1963 on an episode of the TV show The Beverly Hillbillies, a California prosecutor was attempting to impune the character of Jed Clampett by asking him what kind of guns he owned. (it wasn't even a shooting case, but a traffic accident) When Jed started listing off what he had the prosecutor cut him off and sarcastically exclaimed, "That's quite an arsenal you have there." Not realizing it was sarcasm Jed proudly replied, "Why thank you!"

I have posted on here that I once purchased a PT-111 G2, which is what lead me to being on this forum in the first place. The only picture I've posted of it is when I did a extreme cold weather function test. I was merely posting technical information on the web. I don't think someone is going to come out to where I live to steal my Taurus handgun, but I guess if they do oh well. I suppose a malicious prosecutor or lawsuit attorney could try to make something bad if I were in a defensive shooting and I posted a weather report online, but I'm not going to spend my life worrying about that. I understand what you mean about a so called arsenal however. If I had one I personally might be concerned about posting about it online for a variety of reasons.