The Warrior Heart: A Manual For Men & Women of Valor

ActionDrillsFernan

Long before I attended law school, I began reading the Bible. The following is a short excerpt of an electronic book that we are offering to provide at no charge. Just request a copy of The Warrior Heart at the email address on our Homepage.

He trains my hands for battle; my arms can bend a bow of bronze.”

Psalms 18: 34

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Use of Force Policies & Law Enforcement

In 2017, Chuck Delgado spoke to our Action Training Group regarding the circumstances when he shot and killed an unarmed attacker when he was a Spokane County Sheriff’s Deputy in 1971.  Chuck was neither charged nor disciplined because the use of force was justified.  Nevertheless, the shooting was contrary to use of force procedures in place in the Spokane County Sheriff’s Office in 1971. 

The following is an After Action Report provided by Mr. Delgado.

“If you wait until you see the muzzle flash of the adversary’s weapon, you waited too long.”

-Bob Smith, Use of Force Expert


Policies Are Great If They Don’t Get You Killed.  At the time of the 1971 shooting, the policy of the Spokane Police Department was to the effect of, “You only shoot after being fired upon.”  In a section of the Spokane County Sheriff’s Training Manual, concerning the shooting of an unarmed subject read something to the effect of, “you can only employ lethal force on an unarmed subject if attacked by three or more.” In those days there was little or no understanding of the “Disparity in Numbers” argument in a self-defense situation.  That line of thinking was not unique to our local agencies, and that is why so many police officers were killed during the mid-Seventies and often with their own weapons.

Remember who used to write the policies back then?  The old guys with the gold bars on their shoulders.  The officers who haven’t worked in the field in years or even decades.  But that has changed since I was in the uniform.  It is now more common to see the practitioners who actually work in the field, i.e., patrolmen, patrol corporals and patrol sergeants involved in those studies which lead to policy changes. The present day use of force seminars sponsored by local police agencies are presented by patrol officers (patrolmen, corporals and sergeants) and detectives involved in research and development of use of force policies.

Gold Bars Don’t Make Policy Today.  I have never attended any of those presentations where the speaker was a Lt. or Capt.  There were few exceptions to guys with gold bars presenting use of force education to officers. One exception was Dean Lydig, who was the detective Captain at the time of the shooting.  Two days after the shooting, the post shooting investigation was completed.  Captain Lydig called me into his office, closed the door behind me, sat me down and handed me the entire file, and instructed me to read every page:  The autopsy report; the WSP ballistic report; the background of the deceased; witness interviews; crime scene pictures of the damage done by the deceased in his efforts to gain entry to the complainant’s dwelling, etc. He did not disparage the patrol Lt. or the patrol Capt. who I overheard say, “Chuck is in a heap of s—!” but Capt. LYDIG did say, “How could anyone reasonably expect you to physically prevail  (I was 154 lbs., the adversary was 244 lbs with martial arts traing) with a guy like this?  Had you try to physically subdue this guy, I’d be here looking at your autopsy reports.”  In those days there was little or no understanding of the “disparity of size” argument in a self defense situation.  I should further point out that on my first day back to work after the shooting, my Sgt., pulled me aside, looked directly into my eyes and said, “If tonight you go on a call like the call last Monday morning, you do exactly the same thing you did at 0113 hrs on Monday, you understand me?” 

That was the difference between Patrol Sgts. and the brass.  Policies are improved by guys like me who broke the rules.

Gun Fight at GU.  I should bring the readers attention to the gun fight which took place at the Gonzaga University on November 22, 1971 A call was put out of a man with a rifle on the campus.  The Gonzaga district patrol car was two-man unit. Two well-seasoned veteran cops, were dispatched to the call.  Another two-man unit, which was close, but in a different district was occupied by two rookies, requested to back-up the primary unit.  Radio advised the rookie unit it was not necessary to back-up the primary unit, since it was a two-man unit.  As soon as Bob, the senior officer in the rookie unit, advised dispatch that he understood the instructions to disregard the back-up, he put the Motorola mike on it’s mount and told the junior officer “Screw it, we are headed for Gonzaga!”  Those two rookies saved many lives that day, including the Old Veteran cops. A gun battle erupted, the Veterans missed the bad guy, who was ultimately killed by the rookies. It should be noted that Bob was in my Spokane Police Academy class. We graduated November of 1969.

Wait & See Policy in 1971.  The conventional policy in 1971, prevalent for most police agencies across the country, was “Wait until you see a weapon!”  At that point it is too late.  I am a graduate of the Spokane Police Academy, as well as a former Martial Arts student.  I have been taught that ACTION IS FASTER THAN REACTION.  If the defender allows the aggressor to initiate the threat of deadly force, prior to the defender being prepard to neutralize the deadly force, it is too late. As a deputy sheriff, at the first furtive/suspicious movements, I had my sidearm out of the holster and in my right hand.  If I was within striking distance of the subject, where I may have compromised my safety by reaching for my sidearm, I would immediately take the individual down and handcuff the subject.  During the 1970s so many cops were being killed, many with their own sidearm, because they were not taught the defensive tactics taught today along with ineffective use of force policies.  Even now the cops are waiting too long to shoot.  I read recently that between 2013-2015 11% of the LEOs killed in the line of duty were killed with their own weapon.  They’re still failing to control the scene and allowing the adversaries to get to close or waiting too long to shoot. Once you lose control of the scene, your safety, as well as the safety of the citizens you should be protecting, is in jeopardy.  It has always been said that there is a weapon on every call a cop goes on…the cops weapon.

Weapon Retention Skills Are Paramount.  Many LEOs were killed after being disarmed by the bad guy.  Think about JoAnne Chesimard who killed the N.J State Trooper and  and is now in Cuba.

FBI research confirms that LEOs were waiting too long to shoot!  My shooting was part of that research. Sadly, because of such things as the Black Lives Matter movement (based on the false narrative of hands up don’t shoot) and a citizenry which has been dumbed-down by corporate news media, public education and the NFL, the average citizen believes police are killing Black people due to invidious racial prejudice.  This same misinformation and media bias is a powerful tool aimed at armed citizens.  We have an uphill battle.

 

Action Training Group. That is exactly why more people have to get involved with groups such as the Action Training Group.  Although the ATG is nonpolitical, members need to work individually with their legislators and with politically inclined gun groups like the NRA to keep the policies from being watered down.  If the lethal force available to the police is unduly restricted, the responsibility for armed citizens to deploy deadly force in defense of our own lives and the lives of our loved ones will also become severely restricted.  Right now, armed citizens in Washington state theoretically have broader authority to use deadly force than LEOs.

According to the Legislative Note included with RCW 9A.16.040:

Legislative recognition: “The legislature recognizes that RCW 9A.16.040 establishes a dual standard with respect to the use of deadly force by peace officers and private citizens, and further recognizes that private citizens’ permissible use of deadly force under the authority of RCW 9.01.200, 9A.16.020, or 9A.16.050 is not restricted and remains broader than the limitations imposed on peace officers.”

The reality, however, is that the average person, including lawmakers, judges and attorneys and jurors, thinks that officers have broader authority in regard to the use of deadly force.  Law Enforcement Officers and armed citizens need to recognize that we all have an interest in educating the public regarding issues involving the criteria for use of deadly force.  I once read something like, “You deserve what you are willing to tolerate.  Get involved with the legislative process, because if you don’t use your rights, you will lose those rights.”

Chuck Delgado, November, 2017

 

High-Capacity Magazines & Gun Trusts in Washington State

Can an NFA gun trust protect you and your family from potential penalties imposed if you loan a “high-capacity” magazine to a co-trustee or leave a high-capacity magazine to your beneficiaries when you die? Transfer or sale of magazines holding more than ten rounds will be a gross misdemeanor with civil penalties in Washington state after July 1, 2022. Even transfers of guns designed and manufactured with an “ammunition feeding device” holding over ten rounds that cannot be detached, such as a tube magazine or an extended magazine tube for your shotgun, will be prohibited. The only exception will be for .22 caliber rifles with tube magazines and all calibers of lever action rifles.

The civil penalties apply to online sales and do not provide an exception for sales to military and law enforcement. While sales and transfers to law enforcement agencies (but not individual officers) are exempt from criminal penalties, law enforcement agencies will probably not be able to purchase such items online if the law is strictly construed with potential triple damages against sellers for unfair or deceptive business practices under the Washington’ State Consumer Protection Act.

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Antifa Threat Exposed

The following article is an installment in our ongoing effort to encourage law enforcement to investigate and expose the organizational roots and funding underlying the deadly riots that swept across many U.S. cities after Black Lives Matter protests flared in 2020.  

George Soros’ Open Society Foundations’ database shows that the Foundation to Promote Open Society, a nonprofit within Soros’ network, gave $3 million to the Community Resource Hub for Safety and Accountability (The Hub) in 2020.

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Criminal Assault Laws, Self-Defense & Display of a Weapon With Intent to Intimidate

Display With Intent to Intimidate. The Spokane area Law Office of Mark Knapp PLLC handles many kinds of criminal defense cases. Many present issues of self-defense. The ability to claim self-defense depends on whether there is an imminent threat of death or grave bodily harm. The issue of self-defense often arises when a weapon is displayed during a road rage incident or some altercation.

The Washington State Legislature enacted RCW 9.41.270, the Display With Intent to Intimidate law, in 1969. The statute prohibits display of a weapon in “a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.” Continue reading “Criminal Assault Laws, Self-Defense & Display of a Weapon With Intent to Intimidate”

Physical Control of a Vehicle & DUI Defense in Spokane, Washington

Physical Control and DUI in Washington State. What is the difference between a charge of Physical Control of Vehicle and DUI in Washington state? The State needs to prove that you were driving while impaired in a DUI case. However, the Prosecutor does not need to prove you were driving or even behind the wheel in a Physical Control case. Although in either case the Prosecutor has to prove you are impaired by alcohol and/or drugs, he only has to show that you were in control of the vehicle. Depending on the circumstances, that can mean being outside the vehicle with the keys in your hand while you are impaired. Additionally, a criminal defense attorney will explain that even if you have not reached the statutory ,08 BAC level, you can still be convicted of DUI- provided that the Prosecutor can convince the judge or jury that you are impaired.

Results of BAC Tests. Even with a low BAC or no breath test, the officer will describe your condition with details that may help to convict you. Law Enforcement Officers are trained to testify in a manner that is most likely to convince a judge or a jury that you were driving while impaired. If there is .08 BAC, the court will instruct the jury to presume you were impaired and the defense attorney now has to show that the Breathalyzer machine was not functioning properly or that the test was not administered according to proper procedures.

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Need Washington State Domestic Violence Lawyer in Spokane County?


Charged With a Domestic Violence Offense. Things can often get out of control when family members are involved. We are a Spokane area criminal defense firm.  If you are ever charged with Domestic Violence, there are a number of issues that usually come into play. When the police arrive, usually because someone called 911, they will separate the witnesses and ask what happened. If the police hear different stories, they will often assume that the woman is lying to keep her husband or boyfriend from getting in trouble.

Right to Remain Silent. The best thing to do is to remain silent. If you or another family member say something that sounds likely that an assault occurred, a threat was made or community property broken, someone is probably going to get booked into jail. If it looks like there is probable cause to believe two people committed domestic violence, the male is usually the one that gets booked.

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Vaccination Mandates & Religious Discrimination

Our nation is standing on the edge of a crisis that involves several related factors. Many potential workers are staying out of the workforce. Shortages and backlogs of many goods and services are appearing. Notwithstanding Southwest’s representations to the public, the recent cancellations of Southwest Airlines flights might be a symptom of management problems. The fact that Southwest recently implemented pending OSHA Emergency Temporary Standards (ETS) indicates that many American workers may already be walking off the job and work stoppages seem imminent- even as the Biden Administration requests that Walmart and certain transportation and shipping services require their shorthanded crews work 24/7 to make room for ships and warehouses to unload goods. The work stoppages might be a harbinger of a profound new epidemic already being labeled Freedom Flu.

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Spokane Criminal Defense Lawyer

We have been representing clients in criminal defense matters across Washington state for almost 30 years. These include many domestic violence cases. We have also been representing clients in Spokane cases over the course of many years.  So why should you retain the Law Office of Mark Knapp PLLC to represent you?

Mark S. Knapp

Initial Consultation. A criminal defense lawyer, Mark Knapp, will answer all your phone calls immediately. That means you will be talking to the attorney, not a receptionist. In most non-felony cases , we charge a flat-fee retainer to appear which includes attending the Arraignment and the Pretrial Conferences. If trial preparation becomes necessary, there will also be an additional Trial Retainer. Felonies can be more expensive.

Arraignment. If you retain a criminal defense lawyer before the Arraignment, we can often waive arraignment so that you will not need to attend. If you must go to the Arraignment without representation, you will normally plead not guilty and bail is often discussed. Even if you have already been released on personal recognizance or have already posted bail, you should have counsel when you appear for the Arraignment. There are situations where the judge might order a new bail bond.  This situation results from a violation of your terms of release. Examples are getting a new DUI right after you are released from jail on another DUI. Or attempting to contact a victim where there is a No Contact Order.

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