DEA Agent who shoots self loses appeal

KyJim

New member
Everyone has probably seen the video on YouTube of the DEA agent who shot himself during a lecture to school children about gun safety. He sued the DEA claiming they illegally released personal information. His suite was tossed in federal district court and the D.C. Circuit has now rejected the appeal. Links to the opinion in this article: http://legaltimes.typepad.com/blt/2...self-shooting-loses-appeal-in-dc-circuit.html. The court noted the public nature of the "demonstration" and that the discharge was of public concern.
 
Notice that this is posted in the Law & Civil Rights forum. As such, we need to keep all discussion centered on the legal issues.

"I'm the only one professional enough" jokes are not pertinent.
 
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KyJim

New member
I have wondered about the idea of suing because of release of personal info when the suit rebroadcasts most of that same personal info. Sort of like suing for slander when all of the slanderous statements are rebroadcast and put into permanent ink.
 

ClydeFrog

Moderator
DEA agent; FLETC/FBI National Academy; "teachable moments"...

The "undercover" DEA agent lived in metro Orlando Florida in a upscale area called Lake Mary.
To my limited knowledge he was a former NFL football player(he played briefly with 2 NFL teams but left due to medical issues). The DEA should have used better judgement but the DEA & his unit chief(first line supervisors) should have NEVER allowed him to speak at a event like that in the first place! :(
As the late, great John Wayne said; "you can't fix stupid" but maybe the federal LE agencies can use the video to train agents/083 police officers at the FLETC; www.FLETC.gov or at the FBI training center in Quantico VA to be smarter in the future.
I'd add that the DEA special agent sounded & acted like a loud mouth jerk in the event and I'm sure an incident would have taken place at some point in his federal LE career. This video can be a useful "teachable moment" for many armed professionals or armed citizens.
Clyde
 

C0untZer0

Moderator
Also as far as I know - Lee Paige never received instruction or education on how to conduct gun safety training. The extent of his own training was the basic marksmanship training that DEA recruits get - certainly not adequately extensive to prepare to be a trainer himself.

As far as I am aware - Lee Paige was not speaking to this group as part of any official DEA outreach program.

He was doing it on his own, but wearing his DEA jacket and carrying his duty weapon obviously loaded with live ammo.

The video was taken by a private citizen present when the incident took place - it didn't belong to the DEA. While someone in the department did release it, I can't see how it could have turned out any different. They had to give the woman back her video, they had no cause to withold it from her indefinately. I'm pretty sure the video would have gone viral after they gave it back to the woman who took it.

Probably the biggest lesson for the DEA is to exercise better oversight over it's employees if the employees are going to engage in activities like this under the guise of their official capacity as agents or employees of the DEA.
 

Single Six

New member
I work in LE, and I've given similar talks to school kids before...but NEVER utilizing actual firearms. I had enough sense to not do that long before I saw the video of this incident.
 

csmsss

New member
Perhaps the overarching issue for DEA is its recruitment and hiring practices - and for the rest of us to consider whether an agency with such a dubious record even needs to exist. The stories emerging about its role in facilitating money laundering by one or other Mexican drug cartels certainly gives me pause.
 

divil

New member
On another note though, it's hard to believe from his reaction that he has just been shot. I'd like to think that if I was ever in such a life threatening situation, regardless of why, that I'd react as calmly as he did.
 

csmsss

New member
Divil, not knowing the extent of his injury, it's tough to characterize his reaction. Certainly embarassment and adrenalin rush could have helped him put on a brave front, and it is also quite possible his foot and/or toe(s) were only grazed. I have seen the video a number of times, and don't remember blood emanating frim his boot, so it's very possible his injuries were quite minor.
 

JGC

New member
that gun should only come out of that holster when theres a threat or for storage/cleaning, gee i guess people never learn. i saw someone shoot themselves in the leg with a 12 gauge by accident but to me theres no such thing as accident...u messed up. and wow shame on him and his conduct he needs to turn in his badge, best advice a friend would prob give him. thats just me.:cool:
 

MLeake

New member
No, the gun came out of its holster as part of a lesson plan. The problem was that the gun should have been cleared before it went into the classroom in the first place.

And I have to wonder why this agent wants to keep shooting himself in the foot, figuratively, after having already done it, literally...
 

trex1310

New member
Perhaps the overarching issue for DEA is its recruitment and hiring practices - and for the rest of us to consider whether an agency with such a dubious record even needs to exist. The stories emerging about its role in facilitating money laundering by one or other Mexican drug cartels certainly gives me pause.

I thought the same thing. The "cowboy" agency.
 

Flopsweat

New member
...
And I have to wonder why this agent wants to keep shooting himself in the foot, figuratively, after having already done it, literally...

He never had a leg to stand on legally and is lucky to still have one physically.
 

Jamie B

New member
On another note though, it's hard to believe from his reaction that he has just been shot. I'd like to think that if I was ever in such a life threatening situation, regardless of why, that I'd react as calmly as he did.
Shock and disbelief.
 

manta49

New member
Quote. The problem was that the gun should have been cleared before it went into the classroom in the first place.

I would disagree i think he should never of had a real hand gun in a classroom. A training pistol could of being used. He was being an ass there was no reason to take the gun out of its holster he was acting the big man look at me with my gun.
Was there ever any explication on how he managed to get a round in the chamber he seamed to clear the pistol. Possibly without taking the mag out and actually putting a round in the chamber when trying to clear it.
 
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MLeake

New member
You nailed it on the first try, manta49. He forgot to remove the magazine before cycling the slide. Probably the number one cause of loaded "unloaded" guns.

But as far as training guns goes... it depends on what he was going to teach. If it was about ensuring a gun was unloaded, he'd need a training gun that cycled, and those aren't common.

For general purposes, he could have used a "Block," which is what I call the blue plastic Glock I use for weapon retention training and disarming practice. Those don't have any moving parts, though.
 
He forgot to remove the magazine before cycling the slide. Probably the number one cause of loaded "unloaded" guns.
If I recall correctly, he actually handed it to someone else to clear. Without checking for a magazine (or noticing the weight difference), he slammed the slide shut and pointed the trigger. The man wasn't paying attention to what he was doing, and we all know the result.

Hubris, plain and simple.
 
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