Officer fires gun at Winona campsite

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Gbro

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An off-duty police officer from Illinois fired her gun at a Winona campsite Sunday when she interrupted a dispute, police said.

No one was shot, and no arrests were made, Deputy Police Chief Tom Williams said. Police were still investigating Tuesday and will forward the case to the county attorney, who will determine if charges should be filed.

Police did not release information about the incident until Tuesday morning. They did not release the woman's name.
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Officer fires gun at Winona campsite: Winona Daily News.


I will stand behind her on this if this is an accurate account.
 
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Glenn Dee

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I'd have to side with the officer this time. Although she probably should have called the police before she became involved.
 
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Young.Gun.612

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I dunno, if she's from Illinois, what's she doing pointing her gun and badge at someone in Minnesota? I think the best thing for her to do would have been to call local LE right away and continue to monitor the situation to see if it escalated.
 
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Young.Gun.612

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Being armed gives her the right to protect herself, if the need arises. Not to police. Sure, she is an LEO, but she wasn't in her jurisdiction.

If I were to do the same thing, I could potentially be brought up on charges.
 
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kraigwy

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if she's from Illinois, what's she doing pointing her gun and badge at someone in Minnesota?
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Sure, she is an LEO, but she wasn't in her jurisdiction.
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Geee..........Don't suppose congress had that in mind when they came out with HR-218, LE Safety Act.

No sir, I don't think she has a problem at all, Law wise, her dept procedure may be different.

There was a similar case in South Dakota only the out of district (Seattle) cop shot the bad guy. The case against the off duty, out of state officer, was thrown out of court because he was protected by the LE Safety Act.

I thought she showed good judgment shooting into the ground, but I also think she would be justified in shooting the dude.
 
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Young.Gun.612

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Learn something new everyday!

I wasn't aware of said act. So basically no matter where they go, cops can be cops without having taken an oath in that jurisdiction?
 
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Aguila Blanca

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Young.Gun.612 said:
Being armed gives her the right to protect herself, if the need arises. Not to police. Sure, she is an LEO, but she wasn't in her jurisdiction.

If I were to do the same thing, I could potentially be brought up on charges.
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Being a resident of any of the United States also gives her ... and you ... the right to intervene if a third party is in danger of being killed or seriously injured by an assault. Whether you would choose to intervene if the third party is not a family member is up to you, but the law DOES give you the right.

So, let's sum this up. She is a sworn officer in her home state. The LEOSA gives her the right to carry a handgun anywhere, any time ... even in another state. So she was there legally and she was armed legally. And she heard two men say they were going to kill a woman. So your idea is that she should butt out and just dial 9-1-1?

Young.Gun.612 said:
I wasn't aware of said act. So basically no matter where they go, cops can be cops without having taken an oath in that jurisdiction?
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No. The LEOSA does not make an LEO into a nationwide LEO, it gives LEOs the right to carry a firearm for self defense in all states. The laws of all states that address self-defense also provide that a person can intervene to protect a third party from harm due to assault to the same degree as if the assault was directed at you rather than at a third party. Technically, she was not acting as a police officer but as a citizen defending a third party. But her actions appear to have been both justified and (IMHO) legal.
 
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Gbro

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I hope to see a no-bill from the Prosecutor in this. This will be a, no news is good news.
The only thing I questioned was the badge issue. the shot into the ground worked in this case, however it could have been a nasty waist of ammo had the two charged:eek:
 
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Drummer101

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I read the title as Winona Campus and then I was thinking it might be someone I know!!

But it was a campsite.

But I read the article and am confused why there should even be a problem with this...
 
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Xfire68

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Your not a cop some of the time your a cop all of the time!

Off duty police can be and are targets and need to be ready for anything all of the time.

She was just doing what she was trained to do and that is protect the public. I don't care what state she was in. Just my opinion.
 
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Dave P

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"Your not a cop some of the time your a cop all of the time! "


OK, but her authority to act as an agent of the state does not extent into MN. She can't arrest/ticket you there for running a red light.

And I wonder how much flack a normal citizen would have gotten for firing a warning shot???
 
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Old Grump

Member in memoriam
Those were 2 lucky men. I never recommend a warning shot. This time it worked out but (2) 6 foot males approaching an armed woman in a threatening manner just gave up their right to due process. The fact that she was a police officer has no bearing on this case and where she was from or where she was has no bearing on this incident. She interrupted a fight where she had reason to believe another individual was in danger and then she herself was threatened. It would have been a good shoot.
 
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TJH3781

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She may have some problems with this shoot. Never during any of my training were we told to take a warning shot, let alone one into the ground. A warning shot indicates that deadly force was not justified by the situation & presents a hazzard to the shooter & anyone in the area. Also, this situation highlights a potential problem with the LEOSA. She had no police authority in Minn. as far as I can tell.
 
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zxcvbob

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Sounds like a good shoot to me (barely) but she would've been better off claiming that she missed rather than fired a "warning shot."

I don't like the IL cop flashing her badge in MN either, but what else was she to do -- not get involved why somebody was getting killed? It's a "competing harms" thing. (that also should be her defense for firing the warning shot)
 
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Wagonman

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I don't like the IL cop flashing her badge in MN either, but what else was she to do -- not get involved why somebody was getting killed? It's a "competing harms" thing. (that also should be her defense for firing the warning shot)
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Why would you have a problem with flashing the tin in another state? Would you have the same problem if I or another Copper stopped a criminal while on vacation?

I can make a "citizen's arrest" anywhere in the country. So what is your issue?
 
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zxcvbob

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I don't like it; I'm trying to say it might have been the right thing to do here whether I like it or not. (it was a citizen's arrest, but the badge implies otherwise, otoh you use the tools you have available)
 
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Jumping Frog

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Wagonman said:
I can make a "citizen's arrest" anywhere in the country. So what is your issue?
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Clarification: Anyone can make a "citizen's arrest" for felonies. However in every jurisdiction I've ever heard of, one cannot make a "citizen's arrest" for misdemeanors.
 
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