Kansas City Cop Accused of Shooting Suspect Who Was on His Knees, Surrendering

Civil trial being held this week

KSHB

A civil trial started earlier this week in Kansas City in the 2008 shooting of Terry Davis by Officer Robert Vivano. The police officer says he tried to pull the car Davis was in over for driving erratically (the car was stolen and Davis was a passenger according to court records) but it instead sped away, with Davis jumping out to flee on foot.  This week Vivano testified that  he was shocked when Davis turned around and revealed a gun in his waistband, which he says Davis then pointed at him before getting shot. "We're here today because on May 8th, 2008, Terry Davis refused to surrender and he pointed a gun at officer Vivano and tried to kill him," the cop's attorney said. But an attorney for the family called witnesses that disputed that. From the local Fox affiliate:

Two women who witnessed the shooting said that's not how it happened.

They claim Davis had his hands up and was getting on his knees when he was shot at point-blank range.

"His hands were up and he was kneeling," said Michelle Evans, who was a witness.

Angela Davis, the victim's mother, had to be led out of the courtroom at one point after she started crying when a picture of her dead son was shown to the jury.

"From up to down this bullet did not go straight into his chest," said Andrew Protzman, the attorney representing the Davis family. "It went in from up to down."

There were apparently 20 police officers and a helicopter chasing Davis by the end. The officer says he shot in self-defense. He remains on the force and the trial, where the family is seeking a seven-figure judgment. The trial is expected to close Friday.

Comments

[Warrren]

I may be a birorati but I will assume the cop is in the wrong in aost all cases like this.

[Warrren]

Or almost, whatever word works best for you.

[Warrren]

Bigorati?

[Almanian!]

..gonna Bigorate

[Almanian!]

Angela Davis, the victim's mother

I know this is horrible in a situation like this, but PLEASE tell me she gotta big ole Angela Davis 'fro....

Also, if this went down as noted, it would be a pleasure to see Vivano on HIS knees getting friendly with Bubba's tallywacker when he's put in the Big House where he belongs.

How's that feel, V?

[Hugh Akston]

I think that's a pretty fair punishment for drawing on the sidewalk in chalk.

[Almanian!]

*facepalm*

[Gojira]

What, don't you respect PROPERTY RIGHTS?! He was offered the lesser sentence of getting the shit kicked out of him, and he turned it down!

; ) j/k NEM

[Night Elf Mohawk]

That's cool. I'm sure all the "it's not really a violation if it's easy to correct" people would be on board if some guy came around to their houses and, say, shoe-shoe polished their car windows for six months. "Oh, that rascal was here again last night!"

When the guy ends up on probation or paying back what it cost to clean or does community service cleaning up graffiti instead of, gasp, 13 years, maybe people can get back to being on board with not having people fuck with others' property.

[Sunken Idaho]

I believe he asked the cop if there was any possible way to avoid Obamacare.

[PapayaSF]

He got his own personal death panel.

It seems like whether or not the perp really did have a gun is an important factor. The cop testified he had one, so did he? The linked stories say nothing. (But the defense is claiming these witnesses haven't always told the same story.)

But again, I note that as in so many of these Reason stories about police brutality, the victim has more than a little culpability. If you steal a car and lead 20 cops and a helicopter on a chase, guess what? Somebody might make a mistake. I have total sympathy for innocent victims, like the guys sitting around at home when the SWAT team busts in at the wrong address, but for felons who die while committing violent felonies, not so much.

[Calidissident]

Stealing a car, or being an accessory to it, or whatever this guys role in it was, should not result in execution by cop. Criminals (and I'm not including people who commit victimless crimes in this regard) may be worthy of scorn, but that doesn't mean they all deserve to be killed or that it isn't worthy of outrage when stuff like this happens (assuming it went down as the witnesses say)

[PapayaSF]

I don't think this should have happened, or that he deserved it. If you leave your convertible with the top down and the keys in the ignition while you visit the liquor store in the bad neighborhood on Saturday at midnight, you don't "deserve" to have it stolen, but you have lost some degree of my sympathy when it happens.

[Agammamon]

1. Stealing a car is a *serious* felony, its rarely a violent one.

2. You don't know (and I'm going to give the victim the benefit of the doubt) that the guy knew the car was stolen before the cops showed up. Maybe his friend rolled up and away they started rollin', I say "How much you pay for this?" and he say "nothin' man its stolen".

[Paul.]

Uhm 20 cops and a helicoper chasing Davis and there wasn't any video of the event?

[Warrren]

All broken. Sorry!

[Agammamon]

"Kansas City Cop Accused of Shooting Suspect Who Was on His Knees, Surrendering"

Statistically speaking, that *is* the safest time to shoot someone. Officer safety is *paramount* and these heroes deserve to be able to go home to their family, right?

[sarcasmic]

In the end they'll accept a deal where they get a fat check and the police admit to doing no wrong, because the alternative is to try an expensive legal battle against an opponent with virtually unlimited resources that can drag a judgement out for decades.

Justice only exists in fairy tales and a make-believe afterlife.

Happy Sunday!

[Dunphy (the real one)]

Due process. The system works... yet again.

[sarcasmic]

troll-o-meter 0.02

smooches!

[Willard McBain]

Just look at how close together his eyes are, and how the neck just runs into the ears. Mom and dad being too closely related+roid range can lead to these thing, ya know. it just sorta happens.