The only evidence offered to the contrary were statements by Caleb Macaulay, Kenney's passenger, contained in the affidavit of Tom Nickels. Macaulay said his friend tensed up during the traffic stop. Threats of harming another The judge said McKay was justified in using his cruiser to push Kenney's car off the road and pepper-spraying him during the subsequent approach. United States v. De Jesús–Viera, 655 F.3d 52, 58 (1st Cir.2011) cert.
Two heads are visible through the car's rear window. Bruce McKay on May 11, 2007, after McKay pulled over his car and pepper-sprayed him.
Heightened security was provided by state police officers and sheriff's deputies. At the second stop, it was chaos once McKay pushed them off the road.
Use the 'Report' link on 56(a). While Liko Kenney, ... Gregory Floyd, arrived on the scene with his son in their own truck. As the district court pointed out, plaintiff bore the burden of showing a violation and neither argued nor provided evidence that Kenney's vehicle registration was current at the time of the stop. They watched the wounded McKay run across the road and the car drive onto him once, and then again. Video taken from Franconia Police Cpl. "'And I … Authorities quickly ruled the killing justified.
And Kelly Ayotte, New Hampshire’s attorney general at the time, called Floyd a hero and, the next day, let him off without an investigation or any charges.
Bruce McKay, went into a rage in There is ample support for the district court's conclusion, see, e.g., Jackson v. City of Bremerton, 268 F.3d 646, 652–53 (9th Cir.2001); Wagner v. Bay City, Texas, 227 F.3d 316, 324 (5th Cir.2000), and we agree. McKay got out of his cruiser and went to Kenney's stopped car and pepper sprayed both Kenney and Macaulay.
Bruce McKay, went into a rage in Littleton District Court Tuesday after being found guilty of criminal threats. It lasts all of six or seven seconds — the driver reaching out as if to wave someone away, the police officer striding up, releasing a cloud of pepper spray through car's open window, and the driver reaching out again, this time firing a handgun.
Get the latest breaking news delivered straight to your inbox. that is degrading to another person. First published on May 17, 2007 / 10:28 AM. Gregory Floyd, a passing motorist and ex-Marine who saw it all, grabbed McKay's gun and shot Kenney to death when he refused to put his gun down. Reasonable suspicion is less than probable cause and more than a hunch. According to Senior Assistant Attorney General Jeff Strelzin, Floyd fatally shot Kenney when he tried to reload his gun.Ayotte said the state has decided Floyd's actions were justified and he will not be facing any charges.According to police, there was a previous incident involving McKay and Kenney. The report summarized and assessed, inter alia, eye-witness accounts of the incident, video and audio recordings from Officer McKay's vehicle and from Franconia police dispatch, and forensic evidence collected at the scene. We review the district court's grant of summary judgment de novo, Ayala–Sepúlveda v. Municipality of San Germán, 671 F.3d 24, 30 (1st Cir.2012), drawing all reasonable inferences in the nonmovant's favor, Lockridge v. The Univ. Whether Officer McKay stared at Kenney as they passed has nothing to do with anything. Other residents say they found him intimidating as well. Both had reached a point at which only one vehicle could proceed. Although there were numerous fact witnesses to the second stop and the shootings, plaintiff did not submit affidavits from any of them.
1769, 167 L.Ed.2d 686 (2007), and was entitled to employ “some degree of physical coercion ․ to effect [the second stop],” Graham, 490 U.S. at 396. The last police officer killed in the line of duty was Manchester Officer Michael Briggs, who was shot and killed in October 2006. Breaking News alerts from The Caledonian-Record news team. According to Senior Assistant Attorney General Jeff Strelzin, Floyd fatally shot Kenney when he tried to reload his gun. Gregory Floyd, a passing motorist and ex-Marine who saw it all, ... Bill Kenney, 56, said the run-in changed Liko, and that his nephew started carrying a weapon because he feared McKay. Additionally, the Attorney General's report stated that the registration on Kenney's car had expired. Floyd's criminal threat conviction carries a maximum of sentence 12 months in the Grafton County House of Corrections. Last May, Floyd shot and killed Liko Kenney, also of Easton, after Kenney killed Franconia police Cpl. Nice crystal ball you have as to what Liko Kenney would have done had Floyd not killed him. Plaintiff did not object to consideration of the report as evidence. Gregory Floyd becomes enraged outside the Littleton District Court courtroom Tuesday. Plaintiff gets no traction from his argument that Macaulay's statements fall within the common law exception to the hearsay rule for “res gestae.” Categories of evidence that were once excepted as “res gestae” are now incorporated in either the definition of hearsay itself, Fed.R.Evid. person will not be tolerated. Second, Officer McKay's use of non-deadly force thereafter was reasonable in light of Kenney's decision to flee from the initial traffic stop.
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