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Posted

http://bills.buffalonews.com/2016/02/17/mccoys-attorney-bills-running-back-did-nothing-wrong/

Interesting comments from the FOP guy (especially calling him "Shady"). Seems to want this over quickly. I wonder if he's worried about something?

 

That's quite a change in tone from his previous interview, isn't it?

 

From "vicious unprovoked attack" by "McCoy and his clan" and claims they were acting as police officers and "all out beat down"

 

to

 

"I think if they can come to a resolution on this quickly and put it behind everybody, they’ll probably be better off, both for Shady and our guys. Let’s get a quick resolution, don’t let it linger around."

Posted

That's quite a change in tone from his previous interview, isn't it?

 

From "vicious unprovoked attack" by "McCoy and his clan" and claims they were acting as police officers and "all out beat down"

 

to

 

"I think if they can come to a resolution on this quickly and put it behind everybody, they’ll probably be better off, both for Shady and our guys. Let’s get a quick resolution, don’t let it linger around."

When I hear, "Let's get a quick resolution," I think he's telling McCoy, "Make it worth our while and we're good."

Posted

When I hear, "Let's get a quick resolution," I think he's telling McCoy, "Make it worth our while and we're good."

That's what it sounds like. But the DA's office is going to operate independently of the FOP. The DA could see this as a career builder.

They could be trying to play Shady and his friends off each other, seeing if one of them rolls on the others, just due to the extendend

time of the investigation, they could be discovering the off-duty cops had a bigger hand in the fight than originally spoken about. Or

they could be waiting to see how the medical diagnoses plays out for the cops to determine if job altering/life altering injuries are

present or not; which could mean elevated charges or a simple payout for med expenses, etc. Or I could be totally wrong about all

of it.

 

It does seem strange that it has taken so long to vet a fairly common occurrence.

Posted

 

That's quite a change in tone from his previous interview, isn't it?

 

From "vicious unprovoked attack" by "McCoy and his clan" and claims they were acting as police officers and "all out beat down"

 

to

 

"I think if they can come to a resolution on this quickly and put it behind everybody, they’ll probably be better off, both for Shady and our guys. Let’s get a quick resolution, don’t let it linger around."

The FOP President is worried that facts will come into the light that won't portray his officers very well. It's pretty obvious that a serious breach in protocol happened when they waited for the hospital to report the incident hours later. We already have a defense attorney who was pretty stunned that they waited so long, I'd imagine McCoy's lawyers are all over it.

Posted (edited)

interesting that Shady's attorney says that he was sober and insinuates that the others were not...

 

I know this was talked about earlier in the thread but I'm starting to wonder if this officers did in fact order the bottles of champagne in Shady's or someone in his party's name. It would explain some things, like why they took so long to report it because they knew they did something wrong. We aren't sure what time Shady and his party showed up to this place but maybe they had just showed up, it would explain him being sober at the point, and the officers thought they could slip an order in quickly and hope they wouldn't notice.

Edited by Wayne Cubed
Posted

When the attorney says that McCoy did "nothing wrong" - is he aware of the video? I mean, regardless of what played out before and after that, he is still on video punching someone. Punching someone is in the "doing wrong" category. So that makes me think that they will argue he was defending himself?

Posted

 

I know this was talked about earlier in the thread but I'm starting to wonder if this officers did in fact order the bottles of champagne in Shady's or someone in his party's name. It would explain some things, like why they took so long to report it because they knew they did something wrong. We aren't sure what time Shady and his party showed up to this place but maybe they had just showed up, it would explain him being sober at the point, and the officers thought they could slip an order in quickly and hope they wouldn't notice.

 

 

Personally I doubt it, because if that happened, the off duty cops would not even get close to trying to press charges. At four bottles of champagne, with the way I hear the club prices it, that pushes it into Grand Larceny territory.Maybe they could file a charge, but it would screw them over harder.

Posted

That's quite a change in tone from his previous interview, isn't it?

 

From "vicious unprovoked attack" by "McCoy and his clan" and claims they were acting as police officers and "all out beat down"

 

to

 

"I think if they can come to a resolution on this quickly and put it behind everybody, they’ll probably be better off, both for Shady and our guys. Let’s get a quick resolution, don’t let it linger around."

 

When I hear, "Let's get a quick resolution," I think he's telling McCoy, "Make it worth our while and we're good."

 

Yup.

When the attorney says that McCoy did "nothing wrong" - is he aware of the video? I mean, regardless of what played out before and after that, he is still on video punching someone. Punching someone is in the "doing wrong" category. So that makes me think that they will argue he was defending himself?

 

He must know about the video.

Posted

 

 

Yup.

 

 

He must know about the video.

Right. It just makes you wonder what all was going on that the video shows the punch and he publically concludes there was no wrongdoing.
Posted

 

Personally I doubt it, because if that happened, the off duty cops would not even get close to trying to press charges. At four bottles of champagne, with the way I hear the club prices it, that pushes it into Grand Larceny territory.Maybe they could file a charge, but it would screw them over harder.

 

It kind of depends on the club's relationship with the cops, doesn't it? The way I hear it works, if the celeb. discovers the charge, the club says "oh, our mistake, terribly sorry sir!" and fixes it.

 

The claim is that the cops have a receipt proving they paid for their bottles.

Posted

 

If the cops involved didn't think it was aggravated assault at the time, and you'd think they would know, the DA shouldn't either. That's the point, regardless of what the video (of them getting beaten) shows.

 

Thanks for that.

 

As one cop was taking a bottle to the face and another was getting punched and stomped while on the ground, I doubt they were thinking about what charges this might constitute or what a subsequent police investigation would recommend to the DA.

 

If the cops thought no crime was committed they would never have pressed charges would they?

 

interesting that Shady's attorney says that he was sober and insinuates that the others were not...

 

You though this statement by a defense attorney was interesting?

 

"But I’m here to say and I’m telling you that McCoy did nothing wrong, nothing wrong. And he was sober."

 

Isn't that what McCoy is paying him to say? And haven't we assumed that all parties in a club at o230 are drunk to some degree?

 

And isn't McCoy's lawyer saying he wasn't drunk, yet participated in that beating limiting his avenues of defense?

Posted

As one cop was taking a bottle to the face and another was getting punched and stomped while on the ground, I doubt they were thinking about what charges this might constitute or what a subsequent police investigation would recommend to the DA.

 

If the cops thought no crime was committed they would never have pressed charges would they?

 

 

 

You though this statement by a defense attorney was interesting?

 

"But I’m here to say and I’m telling you that McCoy did nothing wrong, nothing wrong. And he was sober."

 

Isn't that what McCoy is paying him to say? And haven't we assumed that all parties in a club at o230 are drunk to some degree?

 

And isn't McCoy's lawyer saying he wasn't drunk, yet participated in that beating limiting his avenues of defense?

 

You gonna cry if he walks away with no charges ?

Posted

Right. It just makes you wonder what all was going on that the video shows the punch and he publically concludes there was no wrongdoing.

 

Maybe when they took it carefully frame by frame they conclude the guy throwing the punch wasn't McCoy? Maybe he punched one of his friends trying to get them to let go?

 

Or maybe it's just the defense lawyer equivalent of the McNesby the FOP guy talking about beat downs, serious injuries, and "we hope they'll be able to work again"

Posted

You gonna cry if he walks away with no charges ?

 

 

Why would I? I mean, who cares? This is just stuff we talk about on TBD.

 

Will you cry when they release EJ? Of course not.

 

Oh, wait....

Posted

As one cop was taking a bottle to the face and another was getting punched and stomped while on the ground, I doubt they were thinking about what charges this might constitute or what a subsequent police investigation would recommend to the DA.

 

If the cops thought no crime was committed they would never have pressed charges would they?

 

Right, because cops have no idea about crimes in the process of being committed. They all need to "assess" the situation hours after they happen.

The video pretty much lays out the problems the DA has in trying to proceed with aggravated assault charges. The reason it's taking so long is he has a weak case at best.

Posted

 

Right, because cops have no idea about crimes in the process of being committed. They all need to "assess" the situation hours after they happen.

The video pretty much lays out the problems the DA has in trying to proceed with aggravated assault charges. The reason it's taking so long is he has a weak case at best.

 

 

Then why did the cops press charges?

 

What in the video is the weak part for the DA?

Posted

Then why did the cops press charges?

 

What in the video is the weak part for the DA?

 

Money grab.

 

I meant the video JohnC provided.

Posted

 

As one cop was taking a bottle to the face and another was getting punched and stomped while on the ground, I doubt they were thinking about what charges this might constitute or what a subsequent police investigation would recommend to the DA.

If the cops thought no crime was committed they would never have pressed charges would they?

 

Are you truly missing the point this completely? Let me try to spell it out point by point.

1. There were 3 off-duty police officers in the bar.

2. One was on the ground, allegedly getting a "vicious unprovoked" mob beat-down with intent to cause serious injury, raising it to the level of aggravated assault

3. Neither the 2nd or 3rd officer, with all their police training, felt the need to call for backup at this point. If I were a defense lawyer, I would raise the question "if an aggravated assault were in progress before your eyes, why didn't you call for backup? Why didn't you call for 911?" One answer would be "because it didn't look like an aggrevated assault to their trained eyes at the time"

4. The 2nd officer waded in to try to break up the fight. Wading in to a serious situation before calling for backup or ensuring it will be called goes against police training. He then got clocked with a bottle.

5. The 3rd officer still didn't recognize the situation as a mob beat-down with intent to cause serious injury, raising it to the level of aggrevated assault. If I were a defense lawyer, I would raise the same question as point 3 again.

6. The referees er, bouncers, blow the whistle and break up the pile and throw both parties out

7. At this point, the cops have a moment to assess their injuries. According to FOP President John McNesby, "the officers were severely injured. I’m not talking about scratches and contusions. I’m talking about broken bones, eye sockets, fractured skulls, and it’s really — it’s a long road to recovery for them and hopefully they’ll be able to return to work.” Police officers have training about how to assess injuries for severity and how to respond: you call for medics. But they don't do this. Again the question: why didn't you? and one answer would be "because they didn't seem that serious"

 

None of this prevents a retrospective reevaluation of the fight and the injuries and charges to be filed. But opens a legitimate question about how 2 trained observers viewed the situation in real time.

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