Man shot by police after exchange of ...

Man shot by police after exchange of gunfire

There are 89 comments on the Harlan Daily Enterprise story from Apr 6, 2013, titled Man shot by police after exchange of gunfire. In it, Harlan Daily Enterprise reports that:

Kentucky State Police Trooper Josh Howard is shown near a vehicle with several visible bullet holes at shooting at Lynch on Friday night.

Join the discussion below, or Read more at Harlan Daily Enterprise.

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Explain

Prestonsburg, KY

#92 Apr 13, 2013
I see stupid people wrote:
You're too funny... if you are so up on the law, show me a Kentucky law for "brandishing a weapon". I just love laughing at sidewalk attorneys! LOL you make me laugh too!<quoted text>
"Brandishing a firearm" is just a commonly used phrase. The actual statute pointing a firearm would be under 'Menacing".

I'm not one of those "sidewalk" attorneys as you refer to them as, but I have been lucky enough to be able to sit in MANY criminal trials in KY and other states.

Bottom line is the peace officer DID have the right to fire his weapon if indeed the perp pointed the shotgun at him. However, by the same token, the perp cannot be convicted of any assault charge because there was no injury or attempted injury. Since there was no injury to the police officer or attempted injury to the police officer either, an attempted murder conviction would never stand either.

Yes - the officer had a right to shoot. But...the Commonwealth is limited in what the guy in the truck can be convicted of due to the fact that he never fired the weapon. So, a combination of Misdemeanors or maybe - just MAYBE - a Class D Felony is all he will be convicted of, and there are just a couple of Statutes that will allow for that.

There's you something to think about from someone who has watched probably over 500 criminal cases IN PERSON over the past 30 years. I may not be an attorney, but with the job I do, and the experience I have in trials in a certain form, I can 99% assure you that this is what will transpire. I didn't participate in all these cases and sleep. I paid attention and listened and learned.
question

Cumberland, KY

#93 Apr 13, 2013
you cant tell these morons anything around here, they are deafend stupid and think they know everything!

charging him with attempted murder will be as good as saying a guy being put in jail for trafficing drugs without a single drug near him!

but lets put this whole reason to shoot someone to the test shall we?

we can meet up somewhere and you can bring your gun, keep it in your pocket or jus sit in your car with it like mike did, i will unload a clip of .40cal at you and lets see what happens! gaurentee you will be potrayed th victim of a drive by attempted murder while i get locked up like this cop didnt!

thats the facts, the badge protects these boys wayyyy to much!
hello

Cumberland, KY

#94 Apr 14, 2013
i agree looks like cops around here need more training judging by the pics he wasnt even looking when he fired. these cops let the badge go straight to there heads and they do whatever they want and get away with it. sad.
do what

Mount Vernon, KY

#95 Apr 14, 2013
hello wrote:
i agree looks like cops around here need more training judging by the pics he wasnt even looking when he fired. these cops let the badge go straight to there heads and they do whatever they want and get away with it. sad.
oh really? I have a great ideal,, why dont you go do the training, get you a badge, become a cop and let a drunk have or point a gun at you and lets see how you handle that. Someone could have been killed that night and the whole neighborhood was scared. I would like to see how some of you would of handled it. Probably start crying. Lol. Truth.
jail

Cumberland, KY

#96 Apr 30, 2013
rick wrote:
I want to know why brandon brock was not put in jail he beat Michel blair earler his mom could get Brandon off the man they would not give Brandon $30 bucks fill sorry for penny she cant have a boy friend o husband for her son Brandon he is not allowed in Harlan county court papers say that why didn't they arrest him now there a man fighting forhis life and if he makes it will spend most his life in jail its a shame
why is Brandon back in jail this time.
lol

London, KY

#97 Apr 30, 2013
question wrote:
you cant tell these morons anything around here, they are deafend stupid and think they know everything!
charging him with attempted murder will be as good as saying a guy being put in jail for trafficing drugs without a single drug near him!
but lets put this whole reason to shoot someone to the test shall we?
we can meet up somewhere and you can bring your gun, keep it in your pocket or jus sit in your car with it like mike did, i will unload a clip of .40cal at you and lets see what happens! gaurentee you will be potrayed th victim of a drive by attempted murder while i get locked up like this cop didnt!
thats the facts, the badge protects these boys wayyyy to much!
Look you damn cross eyed fool, he had a gun which is like a dope dealer with dope. The gun was near you dope!!! Gun, man, get him Blue!!
lol

London, KY

#98 Apr 30, 2013
When I was just a baby, my momma told be son, always be a good boy don't ever play with guns, but I took one to Lynch, and I almost died now I am in jail, and all i can do is cry!!!
lol

Greenbrier, AR

#99 Apr 30, 2013
lol wrote:
When I was just a baby, my momma told be son, always be a good boy don't ever play with guns, but I took one to Lynch, and I almost died now I am in jail, and all i can do is cry!!!
Just when I thought our town was gone and nothing or noone was in it. Out comes a poet or singer right here on Cumberland Topix.
NEVER

United States

#100 Apr 30, 2013
do what wrote:
<quoted text>oh really? I have a great ideal,, why dont you go do the training, get you a badge, become a cop and let a drunk have or point a gun at you and lets see how you handle that. Someone could have been killed that night and the whole neighborhood was scared. I would like to see how some of you would of handled it. Probably start crying. Lol. Truth.
YOU MADE A MISTAKE ADMIT IT MIKE WILL NOT ME CONVICTED OF ATTEMPTED MURDER YOU SHOULD HAVE HAD BACK UP AND YOU KNOW IT.

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