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Teen sues officer who held him at gunpoint near bus stop

TU Curmudgeon

TU Curmudgeon

B.A. (Sarc), LLb. (Lex Sarcasus), PhD (Sarc.)
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From ABC News

Teen sues officer who held him at gunpoint near bus stop
​

A Wyoming teenager is suing an off-duty officer from Colorado who pulled a gun on him as he ran to a bus stop in Jackson.

The Jackson Hole News & Guide reports 18-year-old Gerardo Becerra filed claims of assault, battery and false imprisonment against Vanessa Schultz in a Wyoming court.

Schultz is a police officer in Colorado and was on vacation when she heard a loud noise and assumed a teenager running nearby had committed a crime. Becerra was running to catch a bus.

The lawsuit claims Schultz detained Becerra, threatened to shoot him and was "exhilarated" when police arrived.

A special prosecutor concluded Schultz shouldn't have pulled her gun, but criminal charges weren't warranted.

COMMENT:-

Someone's college fund is going to get a boost here. It would be interesting to see what sort of insurance coverage Ms. Schultz' police department has with respect to "off duty conduct in a law enforcement setting".
​
 
TU Curmudgeon said:
From ABC News

Teen sues officer who held him at gunpoint near bus stop
​

A Wyoming teenager is suing an off-duty officer from Colorado who pulled a gun on him as he ran to a bus stop in Jackson.

The Jackson Hole News & Guide reports 18-year-old Gerardo Becerra filed claims of assault, battery and false imprisonment against Vanessa Schultz in a Wyoming court.

Schultz is a police officer in Colorado and was on vacation when she heard a loud noise and assumed a teenager running nearby had committed a crime. Becerra was running to catch a bus.

The lawsuit claims Schultz detained Becerra, threatened to shoot him and was "exhilarated" when police arrived.

A special prosecutor concluded Schultz shouldn't have pulled her gun, but criminal charges weren't warranted.

COMMENT:-

Someone's college fund is going to get a boost here. It would be interesting to see what sort of insurance coverage Ms. Schultz' police department has with respect to "off duty conduct in a law enforcement setting".
​
Click to expand...

College fund? Likely not.

Hard to tell exactly what happened in this case beyond the dog whistle headline and usual lack of any details.
 
ocean515 said:
College fund? Likely not.

Hard to tell exactly what happened in this case beyond the dog whistle headline and usual lack of any details.
Click to expand...

If there aren't enough details for you to discern what happened, then how can you justify declaring it a dog-whistle?
 
Getting judgement in your favor in civil court (an official IOU) is not that difficult, but collecting on it from someone, especially out of state, is not so easy.
 
poweRob said:
If there aren't enough details for you to discern what happened, then how can you justify declaring it a dog-whistle?
Click to expand...

Because that's what dog whistles are. Think click bait. How could anyone know anything about this story? A loud noise was heard. Ok. What does that mean? A gun shot, a sound of broken glass? An explosion?

Some kid then comes running by. What words were exchanged? What responses were given?

There is nothing to the story other than the articles attempt to paint an off duty cop as an asshole, and some kid as a wronged victim.

That could be the case, but how would anyone know? Of course, this story, being click bait is just confirmation bias for profit, and details aren't required.
 
Another example of an overzealous officer rushing to a scene with no idea what is happening and ends up pulling a gun and detaining a kid... trying to get to a bus.

She should be sued.
 
ocean515 said:
College fund? Likely not.

Hard to tell exactly what happened in this case beyond the dog whistle headline and usual lack of any details.
Click to expand...

I'd say that "A special prosecutor concluded Schultz shouldn't have pulled her gun, but criminal charges weren't warranted." constitutes "some details", but, obviously, some people don't.
 
ocean515 said:
College fund? Likely not.

Hard to tell exactly what happened in this case beyond the dog whistle headline and usual lack of any details.
Click to expand...

A few more details here.

Bad bust puts cop in legal trouble | Cops & Courts | jhnewsandguide.com
jhnewsandguide.com | Local and breaking news for Jackson Hole Wyoming. › news

Apparently the local cops who responded and te local police chief agree she 'over-reacted'.

edit- alsoapparently my link didnt work. I googled the guys name, Gerardo Becerra, and read the local news report.
 
Last edited:
TU Curmudgeon said:
From ABC News

Teen sues officer who held him at gunpoint near bus stop
​

A Wyoming teenager is suing an off-duty officer from Colorado who pulled a gun on him as he ran to a bus stop in Jackson.

The Jackson Hole News & Guide reports 18-year-old Gerardo Becerra filed claims of assault, battery and false imprisonment against Vanessa Schultz in a Wyoming court.

Schultz is a police officer in Colorado and was on vacation when she heard a loud noise and assumed a teenager running nearby had committed a crime. Becerra was running to catch a bus.

The lawsuit claims Schultz detained Becerra, threatened to shoot him and was "exhilarated" when police arrived.

A special prosecutor concluded Schultz shouldn't have pulled her gun, but criminal charges weren't warranted.

COMMENT:-

Someone's college fund is going to get a boost here. It would be interesting to see what sort of insurance coverage Ms. Schultz' police department has with respect to "off duty conduct in a law enforcement setting".
​
Click to expand...

Not sure on the details here but cops are allowed a lot of leeway to temporarily detain someone if they feel there is a threat to the public
 
OrphanSlug said:
Another example of an overzealous officer rushing to a scene with no idea what is happening and ends up pulling a gun and detaining a kid... trying to get to a bus.

She should be sued.
Click to expand...

Yep, making a citizen's arrest is rightfully a risky business. This story is extremely scant on details, but hearing a loud noise and seeing a person running afterward is hardly apt to be seen as having witnessed a felony in progress (the typical legal requirement for probable cause to make a citizen's arrest).
 
ttwtt78640 said:
Getting judgement in your favor in civil court (an official IOU) is not that difficult, but collecting on it from someone, especially out of state, is not so easy.
Click to expand...

You might want to take a look at "Can I Collect an out of State Judgement?" and "The Uniform Enforcement of Foreign Judgments Act" and reconsider your position.

Neither of the states involved here are either California, Indiana, Massachusetts, or Vermont so both of the above would appear to apply.
 
OrphanSlug said:
Another example of an overzealous officer rushing to a scene with no idea what is happening and ends up pulling a gun and detaining a kid... trying to get to a bus.

She should be sued.
Click to expand...

She IS being sued.
 
Grand Mal said:
A few more details here.

Bad bust puts cop in legal trouble | Cops & Courts | jhnewsandguide.com
jhnewsandguide.com | Local and breaking news for Jackson Hole Wyoming. › news

Apparently the local cops who responded and te local police chief agree she 'over-reacted'.

edit- alsoapparently my link didnt work. I googled the guys name, Gerardo Becerra, and read the local news report.
Click to expand...

People can try this one:

Bad bust puts cop in legal trouble | Cops & Courts | jhnewsandguide.com

FWIW, "heard [undefined] loud noise" sounds suspiciously like CYA stuff.
 
vegas giants said:
Not sure on the details here but cops are allowed a lot of leeway to temporarily detain someone if they feel there is a threat to the public
Click to expand...

More details here:

Bad bust puts cop in legal trouble | Cops & Courts | jhnewsandguide.com

“Mr. Becerra, a diminutive 17-year-old Hispanic resident, was late one morning and running to catch his bus after leaving the apartment where he lived with his parents,” attorney Alex Freeburg stated in the complaint. “Without any more information, and without investigating any further, [Ms. Schultz] exited her vehicle, pulled out a pistol, and ordered Mr. Becerra to stop and get on the ground.”

The incident happened at noon July 6 in front of witnesses. “While witnesses urged her to stop, and while Mr. Becerra pleaded with her, Ms. Schultz yelled ‘stay down’ and screamed ‘I have a gun and will shoot,’” the complaint states. “She continued to hold him at gunpoint in front of onlookers, relenting only after the police arrived and handcuffed Mr. Becerra under the erroneous impression that he had just committed a felony.”

Jackson police quickly cleared Becerra of any wrongdoing and said Schultz overreacted. “She crossed over a certain line,” Jackson Chief of Police Todd Smith said at the time, explaining that officers don’t have authority to arrest outside their sworn jurisdiction.

An investigation pointed to charging Schultz with felonious restraint and aggravated assault, but Fremont County Attorney Patrick LeBrun, who was assigned as a special prosecutor, decided not to file criminal charges against the vacationing officer “because it is apparent she lacked criminal intent or evil mind.” LeBrun did agree that Schultz shouldn’t have drawn her pistol. But not enough to file charges.

The complaint states that Schultz held her gun pointed at Becerra until responding police placed him into handcuffs. “Mr. Becerra was unarmed, did not pose any threat of violence to Ms. Schultz or anyone else nearby, and never said anything that constituted a threat or indicated he was dangerous,” the complaint states. “Mr. Becerra told Ms. Schultz that he hadn’t done anything wrong, but she refused to talk to him, choosing instead to pull her pistol, point it at him, and threaten to fire unless he did what she said.”
Click to expand...

Also...

The complaint claims that when police arrived on scene, Schultz told them she had stopped Becerra after he committed a felony. She told dispatchers that an armed robbery was in progress.
Click to expand...
 
TU Curmudgeon said:
You might want to take a look at "Can I Collect an out of State Judgement?" and "The Uniform Enforcement of Foreign Judgments Act" and reconsider your position.

Neither of the states involved here are either California, Indiana, Massachusetts, or Vermont so both of the above would appear to apply.
Click to expand...

Establishing that "the debtor has property or money that can be obtained by judgment" is the hard part of the process whether in or out of state. Neither the police nor courts (in or out of state) will act to help do asset identification for civil cases and many assets (except real estate) are not a matter of public record. Texas, for example, does not allow taking one's primary residence but you can get a lien on it (enforceable upon sale).
 
TU Curmudgeon said:
She IS being sued.
Click to expand...

It sounds like she WAY overreacted - and demonstrated horrible judgement. They really should look at the training in the police department where she works.

IMHO - I'm pretty conservative and an advocate of the police, but this sounds like a case where a lawsuit is justified. Certainly not a multi-million dollar suit, but enough to sting and make the police look closely at their training. It must have been terrifying for the individual.
 
ttwtt78640 said:
Establishing that "the debtor has property or money that can be obtained by judgment" is the hard part of the process whether in or out of state. Neither the police nor courts (in or out of state) will act to help do asset identification for civil cases and many assets (except real estate) are not a matter of public record. Texas, for example, does not allow taking one's primary residence but you can get a lien on it (enforceable upon sale).
Click to expand...

A local attorney will take care of that. This will never actually go to court, but end in a settlement with the officer's liability insurance and home department.
 
dcsports said:
A local attorney will take care of that. This will never actually go to court, but end in a settlement with the officer's liability insurance and home department.
Click to expand...

It is very doubtful that such insurance covers out of state actions while not on duty. Whether the officer's police department (or union) decides to make a settlement offer on her behalf is another matter.
 
dcsports said:
It sounds like she WAY overreacted - and demonstrated horrible judgement. They really should look at the training in the police department where she works.

IMHO - I'm pretty conservative and an advocate of the police, but this sounds like a case where a lawsuit is justified. Certainly not a multi-million dollar suit, but enough to sting and make the police look closely at their training. It must have been terrifying for the individual.
Click to expand...

Can you imagine if this person was a cop in a big bad city? People would be getting shot from her left and right. She should be fired and sued. To me this is just another cop out of control and full of self importance. The cops are paid by us and are meant to serve and protect, not terrorize us.
 
This is nothing. A police officer scared him. Boo hoo. No one was hurt. Just someone thinking they can get free money, nothing else.
 
If police had to follow the rules of cop-haters, no sane police officer would answer any call or ever get out of their car.

What read is an off duty officer heard what sounded like a gun shot and saw an adult running from the scene. The officer pursued - calling for back up - and detained the person at gun point until on-duty local officers arrived and turned it over to them.

I have absolutely NO problem with that and she sounds like a particularly dedicated officer that took every step to assure a suspect of a possible shooting didn't get away and that no one - including the officer - was hurt.

If the cop-hating "I get free money ha! ha! ha!" continues, if you ever need the police don't hold your breathe while waiting for them to arrive or doing anything when they do.
 
OrphanSlug said:
Another example of an overzealous officer rushing to a scene with no idea what is happening and ends up pulling a gun and detaining a kid... trying to get to a bus.

She should be sued.
Click to expand...

Geez, surprised you didn't say "child." The "kid" is 18 years old. The "kid" was running from where a vacationing police officer heard what sounded like a gun shot.

Predictably, cop haters demand police to be as totally apathetic toward crime and victims as those cop haters are.
 
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