From Bushipower.com

The Police Have No Obligation to Protect You

The site at this link documents court cases wherein it is clearly stated that the police have no obligation to protect you. The officers I know do feel the obligation to “Serve, Defend, and Protect.” But in the end self-defense is your problem. Even if the police where so legally obligated it would be of no benefit in the interval between the onset of a “situation” and the arrival of the police. Be prepared to do your own work. We recommend Close Combat - Self Defense for the Elite

You Are On Your Own - The Castle Rock v. Gonzales Case

The estranged husband of Mrs. Gonzales had taken their children in violation of a restraining order issued by the state of Colorado. Police failed to respond even after repeated calls from Mrs. Gonzales. Mr. Gonzales murdered the children and committed suicide by attacking a police station with his hand gun. Mrs. Gonzales sued the Town of Castle Rock, Colorado for monetary damages. She lost. The U.S. Supreme Court held
“The Fourteenth Amendment to the United States Constitution provides that a State shall not ‘deprive any person of life, liberty, or property without due process of law.’ … [but this] does not ‘requir[e] the State to protect the life, liberty, and property of its citizens against invasion by private actors.’ …

It is inappropriate here to [infer] that Colorado law gave [Gonzales] a right to police enforcement of the restraining order. …

Colorado law has not created a personal entitlement to enforcement of restraining orders. It does not appear that state law truly made such enforcement mandatory. A well-established tradition of police discretion has long coexisted with apparently mandatory arrest statues.”

The initial complaint by Gonzales named three police officers. The U.S. Court of Appeals concluded that they had a “qualified immunity.” The case was decided June 27, 2005.

MI and MS Join FL in Restoring the Right of Self-Defense

In March ‘06 Mississippi (MS) enacted law that would presume that a person who used deadly force acted prudently and would therefore be immune from civil liability.

In July ‘06 Michigan (MI) enacted legislation that clarifies when a person can use deadly force in self-defense during break-ins, car jackings, and other violence outside of the home. The law makes it clear that when attacked that a person need not try to flee. The law also shields the defender from lawsuits by the attackers and their families.

OK Joins FL in Restoring the Right of Self-Defense

05/12/05 - Gov. Brad Henry signed into a “Stand Your Ground” bill. “This act will allow law-abiding Oklahomans to protect themselves, their loved ones and their property,” Gov. Henry said. The effective date of the bill is 11/01/2006. Oklahoma’s “Make My Day” law currently provides citizens the right to protect themselves inside their homes, but that right does not extend to other locations. The major provisions of the new law will

* authorize residents to use deadly force, if necessary, to defend themselves against attackers inside their homes or, in some cases, vehicles;
* declare an individual does not need to retreat from danger and “has the right to stand his or her ground and meet force with force … if force is necessary to prevent death, great bodily harm or the commission of a forcible felony;
* and provide immunity from criminal prosecution or civil action for using justifiable deadly force.

Florida Restores the Right of Self-Defense

04/26/05 - Castle Doctrine bill signed into law by Governor Jeb Bush. The bill authorizes person to use force, including deadly force, against intruder or attacker in dwelling, residence, or vehicle under specified circumstances. It provides immunity from criminal prosecution or civil action for using deadly force. The effective date of the bill is 10/01/2005.

Full text of the bill and analysis of the bill

The Brady Campaign in a press release of 09/27/2005 states that they have put out a flyer stating that vistors to Florida should: “Avoid unnecessary arguments with local people; stay in their cars and keep hands in plain sight if involved in a traffic accident or near-miss; and maintain a positive attitude and avoid shouting or threatening gestures if someone appears to be hostile toward them.” In former times such behaviour was generally expected; people grew up to be decent because they had been trained by their parents to behave. If fear of Mr. 9 can counter the ill effects of deficient parenting then so be it.

New Italian Self-Defense Law Empowers the People

The BBC reported on 24 Jan. 2006 that the Italian parliament has passed a self-defense law that allows a person to use guns and knives to protect themselves, others, and their property from harm. The law applies to the home and places of work. If guns are used they must be legally registered. Use of weapons is allowed under the law only if there is danger of aggression and the attacker will not stop when warned. Leftists opposed the law. We leave it to you to speculate why leftist, the self appointed defenders of the people, would want to continue to expose people to the depredations and assaults of criminals.

U.K. Government Policy on Household Self-Defense

This was first brought to our attention by a Feb. 1, ‘05 news release from Bloomberg News. The Crown Prosecution Service in the U.K has issued a leaflet defining the self-defense rights of householders. In brief

* “Anyone can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime.”
* “If you have acted in reasonable self-defence, as described above, and the intruder dies you will still have acted lawfully.”
* You may pursue, hit, or tackle a fleeing perpetrator to recover your stolen property and make a citizen’s arrest

Still one should try to call the police first, only use reasonable force, and not set traps. Read the complete statement on the U.K. government website. Download the Crown’s leaflet

I did not post for a few days to update my website. I was waiting to get some information from the police department regarding the vandalism that seems to keep occurring at my house and unfortunately to a few others in our area. I want to thank people who sent a few photos to me of vandalism around town. You can view the slideshow below this article.

I got curious to see just how much vandalism had occurred over the past few years. I thank the police department records division for their help. I was really upset over the last vandalism when AGAIN our mailbox and now our post was completely destroyed. We have probably replaced this mailbox at least three times in the past two years. We have paintballs thrown, garbage dumped, glass receptacles smashed in our driveway, eggs thrown at one of our older cars that we leave outside. Well, I have the list–so read it for yourself. I had to type it in because the copies I received were off the record departments computer screen. I am taking this information to my attorney on Thursday, because I am sorry, but this is ridiculous and it just not going to be tolerated anymore. You would think after the fifth or sixth time of reporting these incidents, and believe me all of them are not in these reports–we would at least have unmarked car patrols. There is a problem and it needs to be fixed. Like the old saying goes, if you are not part of the solution (Town of Cheshire) you are part of the problem. Cheshire does not have that much people on people crime where the police department can not devote any time to this matter. I am hoping to have a meeting with the Town Government, but I don’t think this is going to happen anytime soon from what I was being told today. At least the town should re-imburse us some of the cost of this mailbox replacement, only because it keeps happening. We also need more lighting where our house is located (street lighting) because it is quite dark, which could be another problem.

Ok here is the information: I will keep you posted on any outcome.

08-08-2005 - suspicious person; 08-25-2005 - criminal mischief; 08-08-2005 - criminal mischief; 08-21-2005 and 08-28-2005 - criminal mischief; 09-03-2005 - suspicious person and theft miscellaneous; 09-20-2005 - minor juvenile complaint; 11-29-2005 - miscellaneous; 12-27-2005 - other miscellaneous; 01-13-2006 - miscellaneous; 06-01-2006 - incident unfounded; 07-13-2007 - theft miscellaneous.

click to enlarge 

Ok there you have it. I asked for the past five years, I only got the past two. Believe me there were more incidents than this, a lot more. We know who did some of them but unfortunately we could not catch the culprit in action. It is also too costly to constantly flood the area with spotlights, and cameras don’t always pick up an image, but I do have some people from the Park City who have volunteered to help me and I thank them.

I really hope to be able to speak with the Town Government regarding this issue which I hope will be resolved. I am also going to Bodog.com to place bets on how long this mailbox will last. If the Town Government will not meet with me I will be meeting with them at a future Town Council meeting, you can count on that.

In other news I am posting the latest minutes of the July 9th Planning and Zoning meeting where they voted to approve the Zone Text Change including mixed use in the Interchange Zone. It is expected W/S Development of Chestnut Hill, Mass. will file an application for the Lifestyle Center. Stay tuned for more info. Hopefully the P and Z will start putting their minutes ON THEIR WEBSITE. It doesn’t take much of an effort, like scan it in-duh.

UPDATE: Sign issue–under control–thank you friends for your help.

Town Manager Michael Milone received a 3.5 percent pay raise this week from the Town Government. Many people have actually called and asked me to comment.

I am not begrudging Michael Milone his pay raise. But Mr. Milone and this town have to reach out to people more. Mr. Milone for starters should begin writing a column about town issues and publish it in the local newspaper once a month. The television shows he puts on once in a while about the Town Government should continue. They are informative.

We have a public, ( to me it seems like a “private”) information officer. All well and good, but certain “information” seems to be missing i.e. the cost benefit analysis of the fund balance that Councilperson White keeps asking for and my repeated request for the updating of the Police Department Monthly reports for starters. This information is important and it seems to be falling on “deaf ears.” I know several people will be attending the August Town Council meeting to address these issues with the Town Council.

Mr. Milone needs to keep vigilant on what seems to be “constant bid waivers” in this town, the latest with the purchase of Police Tasers. (I guess the police have to be ready when I show up at the Station).

Paying prevailing wage is another issue that needs to be looked at and enforced by his office. Every town has issues and questionable tactics. This town for the most part runs efficiently. I personally believe the Town Manager form of government should be eliminated. As I have said before, many of these changes from a Mayor or First Selectman to a Town Manager form of government was a backlash I believe from the Nixon era. I know Mr. Schrumm loved Richard Nixon, but let’s face it, the man did resign in disgrace and after that happened, people were leery of the government.

Our town charter should be revamped, we should go back to the First Selectman form of government, and Michael Milone should RUN for First Selectman/person, whatever you want to call it now.

I also believe we should have term limits–oh no, maybe not-there seems to be a problem in this town with those two words. OK ENOUGH FOR NOW. P.S. The Onion News Network IS NOT FOR REAL, PEOPLE!!

I have received much feedback from people about the posting of the monthly reports. Most of it was positive, but of course we always have the people who need to quench their negative thirst with the name calling. Whatever. The monthly reports were not meant to be negative. They are facts. Crimes happen. We are human and we live in a less than perfect world. Cheshire in its worst day is paradise island compared to where I came from. Believe me.

The following article from the Montreal Gazette was sent to me by a reader from the Cheshire-Southington area who experienced this first hand this past weekend when they attended the Girls Fastpitch Softball Tournament. It is amazing to note that some of the victims reported it took six or seven hours for the Montreal Police Department to respond to calls of the cars being stolen.

Even though our town is small, I know for a fact the Cheshire Police Department would respond in a flash and investigate and solve the problem. It just makes you wonder. More astonishing is that apparently last year over 13,000 vehicles were reported stolen in Montreal. And this is allowed to continue!! I know the person who sent me this information said they would not return to Montreal which is tragic.

As you know, I visit Montreal quite often. It seems the car thefts are occuring in upper districts of Montreal. Downtown Montreal proper does not seem to have this problem, but then again many people in Montreal do not have cars. Montreal does not have that much people on people, or violent crime. They had approximately 30 murders last year in a city well over 3 million people. Their problem is property crime. Hopefully, someone will wake up up there and solve this, because Montreal is such a cool city. Here is the story.

Montreal police asked to do more against car theft

MONTREAL - Montreal police aren’t doing enough to prevent thefts of expensive SUVs owned by American tourists, the organizer of an annual boys’ hockey tournament said Tuesday. About sixty cars were stolen during the four weekends in May and June of this year’s Warrior Montreal Meltdown, held in the suburb of Pierrefonds, Dave Harroch said.

Most of the thefts occurred at or near a Pierrefonds sports centre, he said. Others took place at hotels.

Harroch, president of the Montreal Metro AAA Hockey club, said mounting evidence - including a reported 20 cars stolen this past weekend from Americans here for a girls’ fastpitch softball tournament - points to thieves targeting cars from the United States.

“Police should start a special investigation and crack down on this like they did for the biker gangs,” he said.

Montreal police were still compiling data Tuesday and could not confirm if the thefts occurred and if they were linked, police spokeswoman Melanie Lajoie said.

Claude Dauphin, the city of Montreal executive committee member responsible for public security, said he has asked police “to be more vigilant” as a result of the reported thefts.

A unit of 20 officers and 20 police cadets already patrols downtown parking lots, Dauphin said.

The Meltdown tournament included 200 teams of boys age 7 to 17. About 25,000 people, including about 12,000 visiting from the U.S. participated or attended.

“We need more support from the cops,” Harroch said. “I have some people who waited five or six hours for police to show up so they could make a report of their stolen vehicle.”

Next year’s event may be moved to another arena, partly out of security concerns, he said, adding he is negotiating with hotels to provide better parking lot security.

mharrold@thegazette.canwest.com

Montreal Gazette

© CanWest News Service 2007

IN OTHER NEWS:
I have received “illegal” sign photos from a reader and I hope to post them within a few days. Even though the Northend Development issue has been decided, doesn’t mean we now have a free for all with the signs. I and many other people want to make sure that the law is obeyed. And for those who are upset with this, keep remembering who started it. “Oh well, we got what we wanted and now we don’t care about the sign postings” well many people do. The bottom line–it is illegal to post signs on telephone poles–illegal for everyone-not just certain people. Many say the issue is dead–no it is not. And as far as the signs on the ground, that is for the Planning and Zoning enforcement officer to enforce. Their office has been made aware. I can bet you, if I go around with “Undergroundtownhall” signs and put them next to the “Buy Your Home” signs, someone’s signs won’t be there but someone elses will. We may just have to see. As I have said before, all of you would not like it if you got told you can’t do something but everyone else can, now would you?

It seems as if someone on our Town Council is “listening” when it comes to bid waivers. Thank you very much.

Also, a proposal to possibly place the Post Office to the right of Marshalls in the Stop and Shop Plaza (aka Maplecroft Plaza) is getting serious consideration. Thanks to my significant other who proposed this idea a few years ago.

I will re-post in a few days. I have personal business to attend to. And no, the Internet did not REALLY CRASH!!!

On my old website, I had a link to the Cheshire Police Department which allowed people to view the monthly reports. When I updated my website to the new look, I just had a link the the Town of Cheshire website. I sort of pushed the monthly reports aside. I did continue to check to see if they were up to date, and they were until April rolled around. Then everything stalled out.

Now all of you have been seeing police news-but I did want to keep an eye on the reports. Usually I wait until the latest Town Council meeting to check the Police website for the newest reports. I wait for the Town Council meetings because that is usually when they are updated. These reports are included in the Town Council agenda which can be found in the Town Clerks office (oh let’s not start).

When I saw the reports were not up to date, I contacted the Town Government several times. I was told they were updated. Well, unless I have been in a time warp coma, I believe we are now in the month of July, which means I should be seeing the Monthly reports for June. It is still stuck on April. I finally took matters into my own hands and went to the Town Clerk’s office, copied the reports for May, I did not see June’s, and am now putting excerpts of the report for you to see.

I don’t have a scanner. I am not going to get one for this purpose and I am sure as hell not going to Staples, as I did with the Police Gift Account and spend money on something that should be updated by the Town Government. The Fire Department reports are always up to date. I don’t know what the problem is and I am not getting into it right now. So here is basically what I found to be interesting from the Police Department Monthly reports for May, 2007.

DETECTIVE DIVISION MONTHLY REPORT

May 2007

The following is a brief summary of cases investigated during May.

(Excerpted)

Burglaries: Detectives received eight new burglary cases during May. Two residences were broken into and six businesses. Items taken included electronics, tools and metals. Detectives are working with other agencies and working on leads in these cases. In two of these cases arrest warrants have been applied for suspects arrests.

Death Investigation: Detectives have closed out the double homicide from Norton Lane. There are no further suspects. The death of a 32 year old female found deceased in a local residence has been determined to be an accidental overdose. No names will be given out of respect for the deceased. The investigation into the death of a 62 year old female found in her home has been determined to be of natural causes. The death of a 45 year old male found deceased in a vehicle at a residence is still under investigation.

Larcenies: Detectives received several new larceny complaints. An arrest warrant has been received for a woman who is accused of embezzlement from a local business. Detectives are searching for the suspect. Detectives obtained an arrest warrant for two suspects accused of stealing tools and precious metals from local businesses.

Narcotics: Detectives served a search and seizure warrant on a residence on Fawn Drive. Two males that live at the residence were arrested for narcotic charges.

Detectives are investigating a possible bribery case. An arrest warrant will be applied. Further information will be provided after the State’s Attorney reviews the application.

MOTOR VEHICLE CRASHES

On May 12, 2007 at 0625 hours, the Cheshire Police Department responded to a motorcycle crash on Marion Road between West Ct and Knotter Drive. It was determined that a 46 year old Terryville resident was operating his 2004 Kawasaki Ninja Motorcycle southbound on Marion Road. There were no other contact vehicles or parties involved.

Investigation revealed the operator was traveling at a high rate of speed on Marion Road and passed a non-contact vehicle near Westin Ct., and lost control of the motorcycle, laid the motorcycle down for approximately 260 feet before coming to rest on the east shoulder of the roadway. Campion Ambulance Service transported the operator to St. Mary’s hospital in Waterbury where he was pronounced dead on arrival. The roadway is posted 25 mph and at the time of the crash there were no adverse road or weather conditions. No charges will be filed.

CLICK IT OR TICKET: The Cheshire Police and Southington Police Departments held a Click It or Ticket or Ticket WAVE on Rt. 322 and on Route 10 in Cheshire. The joint effort marks the first time that Cheshire and Southington Police worked together with an enforcement checkpoint. The checkpoint was very successful.

DUI SOBRIETY CHECKPOINT: A DUI sobriety checkpoint was held on Rt. 10 on Friday, May 25, 2007. Although no DUI arrests were made during this checkpoint, the motoring public seemed very positive in our efforts to eliminate DUI accidents.

Now you all have read this excerpted information.

The Town Council is given the full monthly report packets at their regularly scheduled meetings. Do any of you ever, ever, hear one of the Town Councilors ask any questions from these reports or for that matter, do they even go over any of it? NO!! Why not? These people keep saying they are the Police Commission, that is why we don’t need one in town, but they never ask question one about any of this information. For example, do we need to hire more police to combat the burglaries or increase patrols? Is this just an out of the ordinary event? How did the 45 year old male die? Is it a murder? What can the public do to assist the police? How many tickets were handed out for seatbelt violations? All we read is that is was successful. Well, how successful was it?

Hopefully I will be able to print more monthly report news in the near future. Ok, my computer crashed so that is it for now.