If I, in a car, struck a guy in front of me on a motorcycle, I would certainly be contrite if not a bit in fear of his being more than a little miffed at what happened. But then, I’m not a cop.
What is fascinating is how the cop doesn’t miss a beat arguing that the fellow in front of him was not only in the wrong, but that what he did was illegal. There is no possibility that the motorcyclist was at fault, just as there is no doubt whatsoever that the cop who rear-ended him was. And yet, it’s hard to argue the point with a guy with a gun and a shield.
The officer, being particularly gracious that evening, agreed to let it go without ticketing the motorcyclist. What a great guy! It must have been the motorcyclist’s lucky day, especially since he had his video going.
While the motorcyclist likely had some damage to his bike as a result of being hit, at least the scenario ended better for the biker than this encounter. which cost Ottawa Hills Police Officer Thomas White ten years of prison. One can’t help but wonder what the cop in the video above would have done if the motorcyclist had been less respectful and appreciative of the officer’s largesse.
Edit: Police Officer Thomas White’s conviction was reversed (in a 108 page opinion!) on the basis of improper instructions on the use of deadly force and mistaken belief. Mike McCloskey’s paralysis from the waist down due to his being shot by White was not reversed.
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FYI, the conviction of Thomas White was reversed on appeal in January and remanded for a new trial.
Jeez, I can’t keep up with this crap. Thanks, and will correct.
You’ll probably not be surprised to hear that the appellate court recently reversed Officer White’s 10 year verdict and remanded it back to common pleas court for a new trial. Further, the charge for using a gun in the commission of a felony has been dismissed, and so White will face no mandatory sentence. White has not served any time in the interim, because he has been out on bail awaiting the appellate decision.
Regarding the scenario ending better for the second biker, Michael McKloskey … No, he was paralyzed from the gunshot wound, and so I doubt that the $5m settlement from Ottawa Hills made him whole.
So I’ve been told (and edited the post to reflect the reversal). As for McClosky ending better, you read it backwards, that the guy hit from behind ended better than McCloskey, not the other way around.
The cop is negligent as a matter of law for hitting someone from behind absent a non-negligent reason for the act (such as sudden lane change and hitting brakes at same time).
summary judgment is granted.
You’re not saying what I think you’re saying, that the cop is . . . wrong?
“White, who has remained free on bond pending his appeal, argued six claims in his appeal filed in March, 2011.”
Sheesh.
You’re not saying what I think you’re saying, that the cop is . . . wrong?
He’s not just wrong because you or I or any other commenter wants to be snarky about him on an issue that could conceivably go his way; he’s wrong as a matter of law.
Every so often a trial judge will deny summary judgment in a hit-in-the-rear case. And that judge will no doubt be reversed by the appellate court.
Did you already say this when you wrote “summary judgment is granted”?