Former Fairfax police officer manslaughter guilty plea

[allingeneral]

FAIRFAX (AP) A former Fairfax County police officer accused of fatally shooting a man who had his hands up during a 2013 standoff pleaded guilty Monday to involuntary manslaughter.

Adam Torres, 33, struck the plea bargain just before his murder trial was scheduled to begin in Fairfax. It calls for him to serve a 12-month sentence for killing John Geer, 46, of Springfield.

Torres spoke very briefly at the end of the hearing, saying, “I am truly sorry … There are no words I can say to adequately express my remorse.”


Read more: http://valawyersweekly.com/2016/04/18/e ... z46fEKfRTr

[MarcSpaz]

12 moths? Really? One year in protective custody for taking a mans life? If it was an accident or unintentional... he should walk. If he is guilty, a year seems like a gift to save face on both sides.

[WRW]

12 moths? Really? One year in protective custody for taking a mans life? If it was an accident or unintentional... he should walk. If he is guilty, a year seems like a gift to save face on both sides.

Probably had something to do with being placed in that ludicrous position for that ludicrously extended period of time.

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[MarcSpaz]

I don't disagree. I am protesting from both sides.

My problem is that if it was stress related... perception from his viewpoint, etc., and not an issue of intent, then he should be let go. If they thought he was guilty of a crime, they would have never cut a deal for a year.

If he was guilty of taking a life in a criminal sense, how can they say a year in PC is justice?

If it was I know the plea deal was likely in his best interest... though the PD and state pushed it because its serves them more.

Truth is, the PD should have never rolled in as deep or as heavily armed as they did. The whole situation was unnecessary and completely avoidable. The CO, Watch Captain, or whoever is responsible for the team being deployed really is the one ultimately responsible for Geer's life being taken.

[WRW]

With intent but no malice it is voluntary manslaughter and the sentence can be 1-10. He overreacted to a movement and fired.

Involuntary manslaughter, by the way, is a death caused by an illegal act or improper performance of a legal act. The sentence can be 1-10.

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[MarcSpaz]

Try not to get upset with me for this post... I am just explaining where I am coming from.

Again, I don't disagree and I do understand the law. There are only 3 options that could possibly apply here... justifiable manslaughter, 2nd degree murder or 1st degree murder.

Capital Murder, Voluntary or involuntary manslaughter are off the table. Capital Murder is off the table for beyond obvious reasons.

Voluntary manslaughter is defined as "intentional murder in sudden mutual combat or as a result of heat of passion". That clearly does not apply here. There was nothing sudden, passionate or mutual about it.

Involuntary manslaughter is defined as "unintentional killing of another human being". Examples are provided by the state, such as driving in excess of the speed limit, getting into an accident and someone dies. Intentionally pulling the trigger of a gun you intentionally have aimed at a person you intend to kill definitely doesn't fall into that category.

So, lets look at the only 3 options that could apply...

1st degree murder could possibly apply under the "lying in wait" clause, but not likely. There must be evidence of deliberation and intention of ambush. The other clauses of premeditation or while committing another crime obviously don't apply.

A person is guilty of 2nd degree murder if the individual murders someone and the murder does not meet the requirements of either capital murder or murder in the first degree. Since there is no evidence to support conditions of Capital murder or manslaughter, and you would be extremely hard pressed to push 1st degree, this seems to be the obvious charge in the Geer case. That is a 5 to 40 sentence.

Justified or excusable homicide is described as were the person was to some extent at fault for the death, but because of other circumstances, prosecution for full blown criminal homicide is not appropriate. Virginia law describes a homicide is justifiable or excusable if the person taking a life is put in a situation were a reasonable thinking person would believe that either themselves or others are in immediate risk of death or gross bodily harm.


Now... this is just my opinion... but if he is guilty, he is guilty of Murder in the Second Degree. Nothing else really fits from a criminal prospective.

Again, still my opinion... but if me and 20 of my closest friends are holding a suspected criminal at gun point because we have been told he has a firearm and is threatening to do harm, and the suspect is agitated and uncooperative, it sounds to me that a bunch of reasonable thinking people have good reason believed that either themselves or others are in immediate risk of death or gross bodily harm.

If Geer made a move that would appear to be going for a weapon, saying the officer overreacted to a movement and fired, doesn't sound correct to me. It would sound like a very reasonable reaction, actually. This doesn't sound like the LEO performed an illegal act or a legal act improperly. It sounds like the definition of justifiable or excusable homicide.

The only other option there could be is that the act was criminal because Geer had not presented as a danger, even though he was not cooperative. Then its 2nd degree murder.

The bottom line is, the guy should be free or in jail for 5-40. The plea deal shows me that he is taking one for the team... be it voluntarily or involuntarily.

So, the reason I am upset is, 100% of all of that is completely irrelevant. I really don't think the LEO should have been prosecuted, but rather the PD as a whole (and most PD's) needed to be held accountable for negative results from bad practices driven by bad policies. That's why I complained and said that's all they think a human life is worth... one guy (a fall guy) in PC for a year to make the "problem" go away.

[allingeneral]

The bottom line is, the guy should be free or in jail for 5-40. The plea deal shows me that he is taking one for the team... be it voluntarily or involuntarily.

So, the reason I am upset is, 100% of all of that is completely irrelevant. I really don't think the LEO should have been prosecuted, but rather the PD as a whole (and most PD's) needed to be held accountable for negative results from bad practices driven by bad policies. That's why I complained and said that's all they think a human life is worth... one guy (a fall guy) in PC for a year to make the "problem" go away.

I'm inclined to think that he didn't *have* to take a plea deal , but that given the circumstances, he (and his lawyer(s)) thought it was the best thing to do in order to put this behind him. I don't disagree with your "take one for the team" thought, but being a free man, I think he could have taken it to a full trial if he thought he had a chance to win it. But, then - in that gamble - he could have easily ended up with a 2nd degree murder conviction.

It's a tough situation, and unfortunate for all involved. I agree that the cops don't have to go in para-military style, but the dead guy bears some of the burden in all of this as well with his indications of having a gun and being boorish about it all.

[MarcSpaz]

I would be inclined to agree with all of that.

[WRW]

Who gets the ticket for a company truck that is caught speeding?

Fairfax lost 2.95 million for their part in this.

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[MarcSpaz]

So, if a driver has a single instance... it's on the driver. If the company has a history of their drivers getting tickets and frequent accidents, then you can expect that there will be repercussions with licensing and insurance for the company.

And that 2.9 mil came out of the tax payers pockets. The pd couldn't care less about the money. The people eat it

[WRW]

PD will care because they will now have greater scrutiny, and oversight...by CIVILIANS. But that hardly seems like enough, does it?

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[Diver6106]

But the prosecutor, I won't use public defender, didn't want to try him, delayed proceeding for a year, withheld information from the public, and now allows a minimal sentence - it is a TRAVESTY of justice for Geer! For the good of the county and future cases, this MUST go to trial. At least he didn't continue to block the process like the killing of Sal Culosi on 24 Jan 2006. But if the police continue to feel they have a blank ticket with 'I thought he was reaching for a gun' or 'I felt threatened', then more citizens will die. It used to be they had to have a gun pointed toward the police, then it became anything that 'looked like' a weapon, now simply they were in 'non compliance' with police directions.

I had four or five policemen show up at my house about 3:30 am. I was downstairs watching the late-late show. I went up and saw all these people standing on my dark porch. I got a glass of water and thought about grabbing my pistol, then came back and noticed police type hats - they still had not rung the bell in several seconds of listening? So I turned on the porch light, saw cops and opened the door, but left the glass door locked. They stood there several seconds and then said there were reports of kids running around. I said I was single and it wasn't here. Maybe it was deer running between the houses, as happens here, often at night. They didn't say anything more as one REACHED FOR THE DOOR HANDLE...

If I had a weapon showing, I would have been shot dead! It became VERY CLEAR they lied and wanted in and felt free to break in without a warrant and make what excuses were necessary later. I consider myself VERY LUCKY to be alive from my own county police force. Only a series of well publicized trials might change their behavior. But we definitely need a civilian oversight board!!!! BEFORE the NEXT murder...

[wittmeba]

I don't disagree. I am protesting from both sides.

My problem is that if it was stress related... perception from his viewpoint, etc., and not an issue of intent, then he should be let go. If they thought he was guilty of a crime, they would have never cut a deal for a year.

Yeah...neither condition would point to 1 year. If guilty, he deserves more punishment. If not guilty, he should be set free.

[SHMIV]

I still think that the girlfriend has some responsibility in this whole mess. If I recall the story correctly, she turned a simple break up into a funeral.

I feel sorry for the next sucker she shacks up with.

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[grumpyMSG]

I don't disagree. I am protesting from both sides.

My problem is that if it was stress related... perception from his viewpoint, etc., and not an issue of intent, then he should be let go. If they thought he was guilty of a crime, they would have never cut a deal for a year.

Yeah...neither condition would point to 1 year. If guilty, he deserves more punishment. If not guilty, he should be set free.

The reason we have attorneys is to understand the law. Virginia's laws concerning murder and manslaughter are not written in the Code of Virginia, they are defined in case law. to give a simple explanation, there are elements that must be present to meet a definition.
Murder- a dead victim, ability to show intent to kill, ability to show premeditation. Any of the three missing and you won't get a conviction. Both manslaughters are lesser included charges.
Voluntary Manslaughter- a dead body, ability to show intent to harm.
Involuntary Manslaughter- a dead body, ability to show death occurs from negligence or recklessness.

Both manslaughters are class 5 felonies (1 to 10 years) in Virginia, so it doesn't really matter if you convict him of voluntary or involuntary manslaughter the punishment range is the same. Convicting a law enforcement officer of murder is an uphill battle, proving the premeditation and intent would be tough. I think the Commonwealth's Attorney at best had a voluntary manslaughter case and offered involuntary in the plea bargain. I think the former officer took the deal because voluntary manslaughter sounds like an intentional act, involuntary sounds more like negligence or accidental. After his year is done, he will have to try to put his life back together and get a job, as a potential employer, which conviction would you be more likely to hire?

If you want to see a little more of the code visit:https://vacode.org/18.2/4/