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U.S. Constitution
See other U.S. Constitution Articles

Title: Cops Go to Wrong Home, Execute Innocent Man, Claim it Was Okay Because He Had No Rights
Source: Free Thought Project
URL Source: https://thefreethoughtproject.com/c ... band-no-constitutional-rights/
Published: Sep 27, 2019
Author: Matt Agorist
Post Date: 2019-09-28 07:17:15 by Deckard
Keywords: None
Views: 890
Comments: 8

Southaven, MS — Two years ago, police responding to a call of domestic violence went to the wrong home and killed an innocent husband. A year later, the tragedy grew deeper when TFTP learned that the officers involved in the killing would not be charged. Now, two years later, we are finding that the government is trying to dismiss the family’s lawsuit, claiming that Ismael Lopez had no Constitutional rights, therefore his murder did not matter.

In July of 2018, the officers who killed Lopez were brought to a grand jury by District Attorney John Champion who attempted to get them indicted on charges of homicide. However, the grand jury irresponsibly failed to return an indictment.

“The grand jury was given all of the evidence and they decided not to indict,” Champion said. “From my perspective, the case is closed at this point.”

Now, according to a document filed by the City of Southaven Tuesday, the city is attempting to justify the murder and dismiss the lawsuit by claiming Lopez has no rights because he was an undocumented immigrant.

Ismael Lopez had no Fourth or Fourteenth Amendment civil rights as alleged in the Complaint. There is no jurisdiction based on the absence of any legally recognized relationship of Ismael Lopez with the United States at the time of his death. In the alternative, there is no standing by either Plaintiff due to the illegal alien status of Lopez at the time of his death in tandem with his insufficient connections with the United States of the type, dignity, and caliber required for standing.

Lopez’s family attorneys Murray Wells and Aaron Neglia responded to the filing, calling the policy “ludicrous,” according to WMC5. Wells explained to the news outlet that he’s never seen anything like this before, and neither have we.

“The city announced their policy is that undocumented residents have no constitutional protection,” Wells said. “This is an attempt to chip away at our constitution.”

Wells correctly stated that any person on US soil is subject to the constitution and the Supreme Court has well established this. Otherwise, Wells said using their justification, “Stormtroopers can kill you without any […] repercussions.”

Indeed, that is the case. If the state can simply claim, post-murder, that the person they killed had no rights, what exactly is there a legal system for in the first place?

What’s more, Lopez was actually married to a legal citizen and had lived in the neighborhood for 16 years.

“Everything about this is wrong. I am outraged. Shame, shame on the police department, shame on the DA. Mr. Champion, shame on you. You need to retire,” Pastor Rolando Rostro, Lopez family advocate, said last year.

As TFTP reported at the time, in July of 2017, Ismael Lopez and his wife were the only ones home when Ismael heard his dogs barking, so he took a look outside to see what was going on. Seconds later, he would be shot and killed by people who claim to protect society. Police had no right to be there and had gone to the wrong address.

The Southaven Police Department admitted officers went to the wrong house that fateful night. According to police, they were trying to serve a warrant for domestic assault to Samuel Pearman—who lives 36 feet away from Lopez’s home.

Police claim that when Lopez came to the door, he pointed a gun at them. However, multiple bullets were fired through the closed door and Champion admitted that the autopsy showed Lopez died from a gunshot wound to the back of the head.

According to WMC 5, three officers were at the scene, but only one of them opened fire. That officer fired six total shots—two at a dog that ran out of Lopez’s house toward the officers and four into the house. The bullets went through Lopez’s front door; one hit him in the back of the head. Lopez’s dog was grazed by a bullet.

“I do not believe [the officers] identified themselves at the door,” Champion said.

Champion said Lopez was pulling the gun away from the direction of the officers when the officers opened fire. He said he did not want to speculate about how it happened, but he thought Lopez could have been shot in the back of the head while he turned away from the officers, reports WMC 5.

The autopsy would later prove this to be true.

None of the officers were wearing a body camera nor was any of the incident recorded on dash camera.

The federal lawsuit filed by the family is seeking $20 million. City officials said they are ready to “vigorously defend our officers and city in a court of law.” …because officers who shoot innocent people in the back of the head after going to the wrong home, need defending.

All the officers involved have since returned to full duty, including the one who killed Lopez.

As the Free Thought Project has reported numerous times, entirely innocent people are often shot or killed by police at the wrong home. The innocent home owner comes to the door with a gun to see who the intruders are and bang, they are met with a hail of gunfire from cops who failed to check their GPS before assaulting completely innocent people.

Sadly, as it seems, none of the officers involved in this case will be charged as TFTP reported last year, cops can go to the wrong house, kill the innocent homeowner and face no charges.

A disturbing precedent was set in March of 2017 in a federal appeals court which ruled in favor of police who knocked on the wrong door at 1:30 am, failed to identify themselves, and then repeatedly shot the innocent homeowner until he died.

The homeowner, 26-year-old Andrew Scott had committed no crime when officers came to his home that night on July 15, 2012.

“Government officials insist that there is nothing unlawful, unreasonable or threatening about the prospect of armed police dressed in SWAT gear knocking on doors in the middle of night and ‘asking’ homeowners to engage in warrantless ‘knock-and-talk’ sessions,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “However, as Andrew Scott learned, there’s always a price to pay for saying no to such heavy-handed requests by police. If the courts continue to sanction such aggressive, excessive, coercive ‘knock-and-shoot’ tactics, it will give police further incentive to terrorize and kill American citizens without fear of repercussion.”

In the land of the free, those who claim they have sworn to protect you, can come to your house and kill you, and face no consequences by claiming you have no rights. This is why police in America kill more citizens than anywhere in the rest of the world. This is why people protest. This is why people are angry.

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#1. To: Deckard (#0)

the officers who killed Lopez were brought to a grand jury … However, the grand jury irresponsibly failed to return an indictment.

What?? I though grand juries would indict a ham sandwich.

misterwhite  posted on  2019-09-28   10:59:26 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

to Samuel Pearman—who lives 36 feet away from Lopez’s home.

i.e. next door.

misterwhite  posted on  2019-09-28   11:03:39 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

Ismael Lopez had no Fourth or Fourteenth Amendment civil rights as alleged in the Complaint.

But his wife (a legal citizen) has those rights. And she was in the home. How can that be?

Oops. This explains it:

Last June, Claudia Linares, Lopez’s widow, filed a lawsuit in the U.S. District Court for the Northern District of Mississippi.

In court filings, attorneys for the city have argued Linares lacks the standing to sue because she, too, is an undocumented immigrant. They also claim that she was not legally married to Lopez, while simultaneously accusing her of being married to two men at the same time and referring to her as a “bigamous paramour.”

So the article lied. Color me surprised.

misterwhite  posted on  2019-09-28   11:22:39 ET  Reply   Trace   Private Reply  


#4. To: misterwhite (#3) (Edited)

They also claim that she was not legally married to Lopez, while simultaneously accusing her of being married to two men at the same time and referring to her as a “bigamous paramour.”

If true, her claim should be rejected. You would think they would have documented her two marriage certificates and lack of any divorce agreement in effect.

If she has committed immigration fraud systematically, she should lose any green card she may have and get deported immediately.

Tooconservative  posted on  2019-09-28   14:31:13 ET  Reply   Trace   Private Reply  


#5. To: A K A Stone, Deckard, misterwhite, Tooconservative (#0)

CLEANUP on the Matt Agorist/Free Thought Project aisle.

https://libertysflame.com/cgi-bin/readart.cgi?ArtNum=60124&Disp=0

Title: Cops Go to Wrong Home, Execute Innocent Man, Claim it Was Okay Because He Had No Rights
Source: Free Thought Project
URL Source: https://thefreethoughtproject.com/city-kill-husband-no-constitutional-rights/
Published: Sep 27, 2019
Author: Matt Agorist
Post Date: 2019-09-28 07:17:15 by Deckard

- - - - - - - - - -

https://libertysflame.com/cgi-bin/readart.cgi?ArtNum=59243&Disp=10#C10

#10. To: All (#9) (Edited)

I just noticed this is another article by the liar Matt Argorist.

No more articles from that freak.

If you post more I will delete them. Then if you continue I will delete everything from free thought project. Then I will just delete you.

I don't like liars.

Thanks for your cooperation.

A K A Stone posted on 2019-06-23 7:07:11 ET

- - - - - - - - - -

Subject covered here with Docket Report and Document links, and without the Matt Agorist/Free Thought Project insanity.

https://libertysflame.com/cgi-bin/readart.cgi?ArtNum=60130

Title: Family of man shot, killed by police sue city of Southaven, officers
Source: WREG
URL Source: https://wreg.com/2019/06/20/family-of-man-shot-killed-by-police-sue-city-of-southaven-officers/
Published: Jun 20, 2019
Author: Eryn Taylor and Jessica Gertler
Post Date: 2019-09-28 16:54:06 by nolu chan

nolu chan  posted on  2019-09-28   17:04:02 ET  Reply   Trace   Private Reply  


#6. To: Deckard (#0)

keep fighting for ILLEGAL ALIEN RIGHTS, libtard.

GrandIsland  posted on  2019-09-28   17:10:58 ET  Reply   Trace   Private Reply  


#7. To: GrandIsland (#6)

Illegal alien, felon convicted of violent crime, three times deported, unlawfully possessed a gun.

nolu chan  posted on  2019-09-28   18:20:29 ET  Reply   Trace   Private Reply  


#8. To: nolu chan (#7)

Illegal alien, felon convicted of violent crime, three times deported, unlawfully possessed a gun.

The obituaries of people like that will never read, "Died of natural causes in his bed surrounded by family and friends".

Good riddance to bad garbage. And deport the "wife".

misterwhite  posted on  2019-09-29   10:04:56 ET  Reply   Trace   Private Reply  


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