Ohio Motorcyclist SHOT by police

[Modern Synthetics]

I will do my best to help you understand it since you asked. A bullet can go through a car door, a car windshield, a car window, a bumper and various other things the cop is surrounded by in his patrol car. If, like I stated before, the assailant pulls a gun, the officer sitting in the car has nothing but a windshield between him and a bullet to the chest or head, which just so happen to be the main targets of opportunity when shooting a weapon at someone. Yes, he can duck like you said, but all the assailant has to do now is walk over to the car and shoot through one of the windows, while the officer is still stuck in his vehicle having a difficult time removing his weapon from his holster because it is hard to pull it out while sitting down with a seat belt on. Especially if you are ducking to your right which is causing you to lay on your weapon, unless you are left handed of course. Therefore, if the cop steps out to the side of his car and orders the person to do something, he can then retreat to the rear of the vehicle if necessary where there is a better chance of him getting cover from the possibility of gun fire. This also depends on how far away the cop is from the bike. If he leaves a lot of room, I mean like 8 car lengths, then maybe I can see the officer choosing to use the mic to direct the vehicle operator what to do from the patrol car.

I understand where you are coming from regarding the officers vulnerability while sitting in the vehicle if the perp were already off the bike or standing. I guess from that video though I am thinking the guy is still sitting on the bike and the officer is not really threatened so he could order the perp to raise hands, get off bike and lay down or something. Know that I think about it, a police officer could not duck to the side much at all with all the gear they wear and all the electronics in the center of current patrol cars. OK, I understand your logic for wanting to exit the vehicle instead of being a sitting duck. Thanks

[alab32]

I understand where you are coming from regarding the officers vulnerability while sitting in the vehicle if the perp were already off the bike or standing. I guess from that video though I am thinking the guy is still sitting on the bike and the officer is not really threatened so he could order the perp to raise hands, get off bike and lay down or something. Know that I think about it, a police officer could not duck to the side much at all with all the gear they wear and all the electronics in the center of current patrol cars. OK, I understand your logic for wanting to exit the vehicle instead of being a sitting duck. Thanks

In this particular case with the video, I am not sure I would have had my gun out to begin with, I would have just approached like a normal traffic stop but... With other cases, you see where I am coming from. Thanks for the reply.

[Fonzie]

Jury starting to deliberate on douchebag today. His attorney's arguement on his behalf is equally dBag & truly angers me!! No remorse at all for the life he ruined

Defense attorney Jerry Phillips told jurors that it made no difference whether Mr. McCloskey had committed a traffic violation or a criminal violation, whether he had a weapon or not. He said it made no difference whether Officer’s White gunshot missed him, nicked him, or paralyzed him.

"Michael McCloskey was shot because Officer White appropriately felt that either his life or the life of Officer [Christopher] Sargent was in danger at that moment," Mr. Phillips said.

How is it appropriate to have dead wrong judgement.... McCloskey pulled over quickly, was completely vulnerable & out in the open, & did NOT even have a weapon on him!! All he did was try to turn around when yelled at

This could be ANY one of us!!!

http://www.toledoblade.com/article/20100514/NEWS02/5140348

Jury starts deliberating in case of Ottawa Hills police officer

Ottawa Hills Police Officer Thomas White testifies during his trial for felonious assault in the shooting of motorcyclist Michael McCloskey, Jr., during a 2009 traffic stop in the village.

( THE BLADE/DAVE ZAPOTOSKY )

Zoom | Photo Reprints

By ERICA BLAKE

BLADE STAFF WRITER

Jurors deciding the fate of an Ottawa Hills police officer charged with felonious assault for shooting a motorcyclist during a traffic stop last year began deliberating about 1:20 p.m. Friday.

The case went to the jury on the fourth day of Officer Thomas White’s trial for felonious assault with a firearms specification in the shooting of Michael McCloskey, Jr. If convicted, he faces up to 11 years in prison.

During closing arguments Friday morning, Jeff Lingo, an assistant Lucas County prosecutor, contended Officer White, 27, had no justification for shooting — and permanently paralyzing — a man for a traffic violation.

"This case is not an indictment of all police officers," Mr. Lingo said. "This case is not an indictment of a police department. It is in fact a charge that resulted from the acts of a single police officer over a period of five minutes for which he acted alone and, the state feels, he should be held responsible."

Defense attorney Jerry Phillips told jurors that it made no difference whether Mr. McCloskey had committed a traffic violation or a criminal violation, whether he had a weapon or not. He said it made no difference whether Officer’s White gunshot missed him, nicked him, or paralyzed him.

"Michael McCloskey was shot because Officer White appropriately felt that either his life or the life of Officer [Christopher] Sargent was in danger at that moment," Mr. Phillips said.

He continually reminded jurors that they could not consider what happened in the early morning hours of May 23, 2009 with "20/20 vision of hindsight" but that they had to put themselves in the place of Officer White, considering only what he knew and saw and felt at the time. Ottawa Hills officer says he shot man in fear of life; cyclist appeared to reach for weapon, jury is told

By ERICA BLAKE

BLADE STAFF WRITER

Ottawa Hills Police Officer Thomas White said he feared for his life when he saw what he believed was the stopped motorcyclist in front of him reaching for a weapon. That reach, he said in Lucas County Common Pleas Court, in addition to other actions by Michael McCloskey, Jr., prompted him to fire his weapon. The officer testified for about two hours yesterday on the fourth day of his criminal trial. A part-time police officer for the village, Officer White is charged with felonious assault with a gun specification for the May 23, 2009, shooting of Mr. McCloskey, 25. If convicted, he faces up to 11 years in prison. "Based on the totality of everything that had happened in addition to [his movement], I felt I had to use deadly force," testified Officer White, 27. "It appeared as if he was reaching for a weapon. I feared for my life, so I fired one shot."Officer White testified that he had been following two motorcyclists westbound on Indian Road at about 2:15 a.m. when he said he noticed several traffic violations. He said he initiated a stop after the two men rode off from a stop sign at a high rate of speed.

Labeling the situation as a "high-risk vehicle stop," Officer White testified that it would be "unusual" for someone to turn around and face an officer when an order is given. He said that when Mr. McCloskey did turn, he believed the motorcyclist was "pulling a weapon." It was at that moment that he said he "fired one shot." Officer White is the last of the defense witnesses to testify. He acknowledged during questioning from Assistant County Prosecutor Jeff Lingo that he did not know whether Mr. McCloskey knew an officer was behind him while traveling on Indian Road or whether he heard Officer White's command when stopped. Officer White is accused of shooting Mr. McCloskey once in the back, severing his spine. The incident was recorded on the dashboard camera in the officer's patrol car and has been played several times for the jury of nine women and three men during the trial. Mr. McCloskey testified Tuesday that he was not aware that a police officer had been following him that night. Instead, both he and a fellow motorcyclist, Aaron Snyder, testified that they believed a friend traveling to the same destination was behind them. Mr. McCloskey, who is permanently paralyzed from the waist down as a result of the gunshot wound, further testified that he was at first surprised to see police. It was just moments after realizing he had been stopped, he said, that he felt the "excruciating pain" of the bullet entering his back. W. Ken Katsaris, a law enforcement consultant and trainer from Florida, testified yesterday that he saw one traffic violation committed by the motorcyclists on the video - when they sped up just prior to Officer White activating his lights and sirens. Saying that both men obeyed the rules of the road and that "Mr. McCloskey in particular is very straight in his driving," Mr. Katsaris said that he saw no indicators throughout the preceding minutes that Officer White was following the two men that "would be worrisome to a police officer." Called as a rebuttal witness and designated an expert by the court, Mr. Katsaris' testimony contradicted the opinions of two defense witnesses who testified Wednesday that Officer White was justified in firing his weapon. Instead, Mr. Katsaris testified that the circumstances did not warrant a shot being fired and he opined excessive force was used. Mr. Katsaris testified that after Mr. McCloskey stopped his motorcycle, Officer White violated standard procedure by not turning off his siren so that the motorist could hear. He also testified that he believed the movement Mr. McCloskey made when turning around could not be perceived as "targeting" the officer - as was testified by defense witnesses - but instead was an obvious "inquiry glance" made to determine what was going on. "If someone can't hear you, it's an obvious reaction [to turn around] to try to get some eye contact," he said. "That's obvious. That's the reason why we say turn off the siren." He further testified that the command Officer White gave to Mr. McCloskey was not, "Put your hands up," as Officer White testified, but instead, through his review of the video, he determined it to be, "Get down." "That is a command that he can't obey," he said. When questioned by defense attorney Jerry Phillips, Mr. Katsaris acknowledged that police officers must make "split-second decisions" and that an officer should always have concerns when making a traffic stop. But Mr. Katsaris added that a quick decision by an officer should be based on "hours of training." "That's why we give them training," he said, adding that it is to prevent officers from shooting innocent citizens. Before testimony concluded yesterday, Columbus Police Officer James Scanlon, who testified Wednesday on behalf of the defense, returned to the witness stand. He said that he disagreed that Mr. McCloskey was obviously just trying to see what was going on when he turned toward Officer White. He further testified that it's "unrealistic" to expect an officer to always turn off the siren at the end of a "chaotic situation." "In the real world, it just doesn't happen," he said. The jury will return to Judge Gary Cook's court today to hear closing arguments of both sides. It then will begin deliberations.

Contact Erica Blake at:

eblake@theblade.com

or 419-213-2134.

Edited May 14, 2010 by Fonzie

[Fonzie]

Nice jury makeup too.... They know 9 women & 3 guys is in their favor. Bet they made sure none of those women ride, or the guys either for that matter

I love White's moronic testimony that most people wouldn't have turned around during a pullover.... As if that's a justifiable reason

[Fonzie]

Anybody else notice the dashcam clock jumps back from the 4:07 mark to the 4:05

Also.... IIRC, this whole stop starts at the 3:47 mark, & 13 seconds later there's a 2nd squad car involved cutting off the other bike. Was the 2nd cop magically there, or had he been called in for an assist earlier, before the bikes were even engaged??

Now tell me Tom White wasn't already hopped up about these guys, before he even got out of the car!

[NinjaNick]

I'd like to beat that fucker. What a POS.

[alab32]

Again, not condoning what happened but I would say the other cop was there so quick because the officer was probably following the riders for a while and didnt want to pull them over until he knew someone was there to assist. Once they took off he probably knew the other cop was going to be there so he lit them up.

Still, he should never have fired the weapon. Never!

[redbusa]

Shit like this makes me SICK, fucking pigs!!

[garysol1]

, fucking pigs!!

Really, Did you really have to go there? There are good cops and bad cops just like there are good Harley riders and bad Harley riders. Pigs??????? Hope you never need them.

[Strictly Street]

This video is disturbing on so many levels.

I think the cop is going to do some time, prolly very little but some.

Were I on the jury I sure wouldn't see it his way.

From what I see it was a bad shoot.

[RR_MIKE]

TOLEDO, OHIO -- A Lucas County jury has found an Ottawa Hills police officer guilty of felonious assault in the May 2009 shooting of a motorcyclist.

After over five hours of deliberations, a jury found that part-time Ottawa Hills officer Thomas Caine White, 27, used excessive force in shooting motorcyclist Michael McCloskey, 25, during a traffic stop on May 23, 2009. White was found guilty of count of felonious assault with a gun specification, charges that could lead to 11 years in prison when he is sentenced.

McCloskey suffered serious injuries as a result of the shooting. He is now paralyzed from the waist down.

Attorneys for each side made closing arguments Friday afternoon.

The prosecution emphasized that this trial was not about all police officers or a specific police department but about the actions of Officer White that night.

Assistant Lucas County Prosecutor Jeff Lingo told the court that slides of the police dash cam video show McCloskey made no movement as if he had a weapon and the he gave no indication of being a threat to White. "He says, 'Will you please lift the bike off me?' This is after he's been shot. He's still being police to the officer who just shot him in the back. That's the Mike McCloskey that he faced that night," said Lingo.

The defense argued that Officer Thomas White was acting appropriately and that he perceived McCloskey was a threat and had a weapon. Attorney Jerry Phillips told the jury that they needed to put themselves in White's shoes. "You must judge it under the quickly evolving circumstances that Officer White understood when he exited the vehicle after the entire event took place, after he had a service revolver out, after he gave an instruction to Mr. McCloskey and Mr. McCloskey turned a second time," said Phillips.

White took the stand in his own defense on Thursday, trying to convince the jury that he was justified in shooting McCloskey. He told the courtroom that he believed the biker was carrying a weapon at the time he was stopped. He said he fired one shot out of fear for his life.

On the stand Tuesday, McCloskey answered questions about what happened at the traffic stop near the intersection of Central Ave. and Indian Rd. He told the court he was trying to comply with the officer's orders. "I assumed he was saying, 'Put your hands in the air,' because that's the only thing that I didn't do to comply. I was in the process of putting the bike in neutral when he shot," said McCloskey.

The trial, which began Monday, featured numerous showings of a previously unseen police dash cam video, taken on the night of the incident.

View police dashcam video courtesy of the Toledo Blade. Please note that the video may contain material not suitable for all viewers.

[chevysoldier]

good, I hope he gets the max!

[redbusa]

Yea garysol1 I did have to go there, fuck that good cop bad cop shit, they are pigs and shit like that just reinforces it!! I never have called them in 43 years and I never will!! I hate pigs, and nothing you or anyone else says will ever change that!

[alab32]

I think you're on the wrong forum' date=' Buddy. You may want to hit up BikeStyles or Starboyz if you think that sort of ghey banter is desirable. Really, you should just shut the fuck up.[/quote']

I have to concur with this 100%.

[Fonzie]

Glad they found Tom White guilty. Still wish he could be imprisoned for as long as McCloskey is paralyzed!

[redrocket04]

Glad it was as clearcut to the jury as it was to us. I figured it'd be in deliberations for days, at the very least.

[slowbusa]

He pursued, he stopped then he got out of his car and ordered something, like a couple of us have said, we are unsure what he said, and that is where he stopped doing what he should have. It appears that one of the guys was running, the guy that lost control, which means the other guy is guilty by association. Breaking leather is an option. However comma once his commands were uttered he stopped doing when he should have.

yes we couldnt even hear the cop and the car has the mic.... the guy is on a harley with loud pipes i dont even think he could hear him

[JaysonL]

THIS IS FUCKED UP! LEAVE THAT COP OUT TO DRY!

Fuck the police.

[John]

ive heard that cops who go to prison often have a good time there. they are well respected there for all that they have done for their community.

[alab32]

Fuck the police.

Ahhhh yet another one... Refer to garysol1's and IP's posts a few posts back...

[drew95gt]

yes we couldnt even hear the cop and the car has the mic.... the guy is on a harley with loud pipes i dont even think he could hear him

That is true, plus as with most bikes he was probably turning around making sure it was actually a cop..because our mirrors vibrate and distort images behind us (at least my bike does some). Plus if he was riding properly he would still be in 1st gear at the stop meaning he had the clutch pulled and would not be able to raise his hands immediately anyway. Bad shoot for the cop, glad he was found guilty.

[Cheech]

Not only do I want this guy put away for 11 years, but I want him to pay the biker restitution for the rest of his life. This asshole ripped this guy's standard of living away because he was trigger-happy, he should have to pay damages for that. A civil wrongful injury suit should button that up nicely.

[alab32]

I can foresee that happening, yes. I would venture to guess that that is the next case that cop will be involved in.

[Fonzie]

Not only do I want this guy put away for 11 years, but I want him to pay the biker restitution for the rest of his life. This asshole ripped this guy's standard of living away because he was trigger-happy, he should have to pay damages for that. A civil wrongful injury suit should button that up nicely.

AMEN!! I can't tell you how angry it makes me that Tom White paralyzed this guy for no good reason, then his attorney tried arguing like White did nothing wrong, & it was irrelevant to the situation that McCoskey's life was ruined

[BikerBoy]

Although it's too late to ask this, but why isn't there a kinda training teaching the cops, not to shoot were to paralyz if they want them alive ?

like in this case, if he felt that the guy was pulling a gun couldn't he shoot him in the shoulder ? arm ? elbow ? of the hand pulling the gun ? " they get shooting training right ? so they can shoot a shoulder that close right ? "

I am sorry but this thing makes me feel kinda angry, Accedints where people kill riders and it's the rider desicion to ride without steel around him , and now shooting him because he doesn't have a rear view mirror to use, and had to turn ....

rant over