Trooper Brian Orr (OU Tackle Trooper) Should Be Arrested

[Midtowner]

As I said... If you don't like the law then follow your own advice and change it. Don't try to rationalize to me how breaking the law is justifiable, when you see fit to break it, in a civilized society.

Well, that's not really how it works. The maximum fine in Norman for disturbing the peace is $750 and the maximum jail time is 60 days. That is the WORST which can happen to you for that crime and is almost never the result. Norman doesn't want to spend money locking up petty criminals.

If charged at the state court level, about the most serious charge I could think of would be this:

OSCN Found Document:Entry into Restricted Area - Disruptive Conduct - Obstruction - Acts of Physical Violence - Penalty - Prosecution

--still a misdemeanor, but up to a year in jail and a $1,000 fine might change the calculus.

In any event, if someone thinks it's worth doing the time for the crime, that's the cost society exacts. No more, probably a lot less. That's our version of a criminal justice system.

[ou48A]

And to revisit this, you are telling me affirmatively that you don't have clue 1 whether any verbal or nonverbal contact had even been attempted by law enforcement before a violent full body tackle was used to subdue the suspect. Of course the descriptive language is mine, but thanks for confirming that you have no idea whether verbal contact was made. In your words, IT WAS LOUD.

This is not a complicated case. You are trying your best to make it sound complicated.
Its a pretty common sense case that no judge or jury in Oklahoma would ever find fault in the troopers actions.. He was following the laws and rules of our land and of his job.
The guy was interrupting one of the most respected institutions in all of Oklahoma... OU football

In all you absurdity good luck with defending that.

[Midtowner]

This is not a complicated case. You are trying your best to make it sound complicated.
Its a pretty common sense case that no judge or jury in Oklahoma would ever find fault in the troopers actions.. He was following the laws and rules of our land and of his job.
The guy was interrupting one of the most respected institutions in all of Oklahoma... OU football

In all you absurdity good luck with defending that.

I've shown you the law.

It says these cases go to a jury. If you can predict how juries are going to decide things, you can make a lot of money doing that.

[RadicalModerate]

I don't see where anyone said the trooper should be arrested?

Just that he should probably receive a warning. Both parties acted improperly.

Apparently you didn't read the title of this thread . . .
(it's sorta like the main thing . . . dang.)

[ou48A]

I've shown you the law.

It says these cases go to a jury. If you can predict how juries are going to decide things, you can make a lot of money doing that.

You wouldn’t be awarded a damn thing in a Oklahoma court and you know it.
You might however make money from the guy in involved.

[Dubya61]

Then go fight this case and see how far you get....
You have about 80,000 live eye witness accounts or so.
The vast majority of these people including several judges would would laugh you out of the court room so fast that you wouldn’t get far... and I know you know this.

Do these 80,000 live eye witnesses need to be sober and rational?

[hoya]

Then go fight this case and see how far you get....
You have about 80,000 live eye witness accounts or so.
The vast majority of these people including several judges would would laugh you out of the court room so fast that you wouldn’t get far... and I know you know this.

There are at least 3 attorneys who have posted in this thread. Every one of them has taken the same position. This officer was out of line. When you go to law school and pass the bar exam, then you can talk about what the law says.

You have to realize that when football players tackle each other, they are big athletic guys who wear protective gear. They still have rules about where and how they are allowed to tackle, because of the very real threat of injury. In this instance, we have a tubby guy being tackled from behind by a very large man wearing police gear. He's got a gun belt, radio, etc, any bit of which could cause serious injury if it hit this guy wrong.

Both the guy, and the trooper, are very lucky that no injuries were sustained. This guy could have come away from this paralyzed. This was way over the line as far as what force was required. The officer should have simply grabbed him, handcuffed him, and escorted him off the field. Then there's ZERO danger of causing serious injury. This guy is probably going to be required to pay a few hundred dollars as a fine. The punishment is not a few hundred dollar fine and a 5% chance of paralyzation.

[Midtowner]

You wouldn’t be awarded a damn thing in a Oklahoma court and you know it.
You might however make money from the guy in involved.

That's not usually how these cases work. I'd probably file it primarily as a 1983 action with a battery claim as well. Most lawyers for these sorts of cases do them on contingency. I've seen worse.

[hoya]

You wouldn’t be awarded a damn thing in a Oklahoma court and you know it.
You might however make money from the guy in involved.

I'd get a jury with people who don't like football. If I could get some people who don't like cops I'd be even happier.

This particular case is hampered by the guy going on TV and saying he felt fine. Let me get some doctors to come in and say that he had permanent back injuries because of this officer's use of violence and I bet you I'll get some money.

[Midtowner]

^Sometimes soft tissue injuries or back injuries take time to manifest.

[ou48A]

There are at least 3 attorneys who have posted in this thread. Every one of them has taken the same position. This officer was out of line. When you go to law school and pass the bar exam, then you can talk about what the law says.You have to realize that when football players tackle each other, they are big athletic guys who wear protective gear. They still have rules about where and how they are allowed to tackle, because of the very real threat of injury. In this instance, we have a tubby guy being tackled from behind by a very large man wearing police gear. He's got a gun belt, radio, etc, any bit of which could cause serious injury if it hit this guy wrong.

Both the guy, and the trooper, are very lucky that no injuries were sustained. This guy could have come away from this paralyzed. This was way over the line as far as what force was required. The officer should have simply grabbed him, handcuffed him, and escorted him off the field. Then there's ZERO danger of causing serious injury. This guy is probably going to be required to pay a few hundred dollars as a fine. The punishment is not a few hundred dollar fine and a 5% chance of paralyzation.

So, just because they are attorneys doesn’t make their argument right. The rule of law sides with the Tooper and they know it. As attorneys often do they like the idea and challenge of a difficult case.

[Midtowner]

Actually, all three of us have said the rule of law does not side with the Trooper. I even provided you with..you know..the law. Let me be the judge of what I know. I promise I will as clearly as possible impart that onto you.

[ou48A]

^Sometimes soft tissue injuries or back injuries take time to manifest.

I'm sure you could find some DR zero type to say that or anything else you want them to say.

[Midtowner]

I'm sure you could find some DR zero type to say that or anything else you want them to say.

Now that's nice.. How about you don't accuse me of theoretically/hypothetically suborning perjury and I not accuse you of committing hypothetical felonies either? Deal?

Seriously... what a dickish thing to say.

[hoya]

"^Sometimes soft tissue injuries or back injuries take time to manifest."

That's true. I can imagine his testimony.

"I ran on the field because I love OU football so much. My dad used to take me to games, before he died. (tear rolls down cheek) When it was clear we were going to win I couldn't help myself. I didn't think I was hurting anyone. I just ran onto the field. I was just jumping up and down saying Boomer Sooner. It was even during a time out. Then I got hit from behind, hard. I don't remember anything immediately after that, but I've seen the video. Everyone on TV was making a big joke about it, and so I tried to go along with it, be a good sport. I didn't even really start hurting until about two weeks later. I was watching us upset Oklahoma State, and I jumped up to celebrate, from my couch this time. I just had these shooting pains in my back, I collapsed and stayed on the ground for an hour. Since then I haven't been able to work, the pain just gets worse and worse. I'm not a football player, I don't know why that cop tried to tackle me like one..."

Then the old lady on the front row starts to cry.

Yeah I think I could gets some money on this.

[hoya]

So, just because they are attorneys doesn’t make their argument right. The rule of law sides with the Tooper and they know it. As attorneys often do they like the idea and challenge of a difficult case.

I'm one of those three. The law is not on the trooper's side. Maybe you could go and find the law you're talking about and share it with us if you're so confident?

I don't like a difficult case. I like an easy win.

[ou48A]

Actually, all three of us have said the rule of law does not side with the Trooper. I even provided you with..you know..the law. Let me be the judge of what I know. I promise I will as clearly as possible impart that onto you.

Then how come nobody that I have seen out side the message board world is siding with you 3.
If there was something to this there would already be plenty of sharks in the water wanting to represent the guy...
Do you really think the trooper and others are stupid enough to not have follow the law and their rules in front of thousand of other attorneys, judges and countless TV cameras. You have a very tough case and you know it.

[RadicalModerate]

^Sometimes soft tissue injuries or back injuries take time to manifest.

News Item:
Medical Experts Disagree Regarding Bozo's Brain Damage
In The Wake of Trooper Tackle
(most say it was a pre-existing condition)

[ou48A]

I'm one of those three. The law is not on the trooper's side. Maybe you could go and find the law you're talking about and share it with us if you're so confident?

I don't like a difficult case. I like an easy win.

Still, you know that you would not take this case and you know it, due to its degree of difficulty.

The trooper would be in trouble if he did not preform is duties well.
The OHP said that he did nothing wrong.

[Midtowner]

Then how come nobody that I have seen out side the message board world is siding with you 3.

Because they've seen one side of the case. The media/OU/etc. want you to know how dangerous it is to rush the field. They pay money for security. They don't want to encourage storming the field, so the way this guy is being portrayed (and deservedly so) is pretty negative. That little video you linked with the Oklahoman reporters joking about the tackle is how most folks have been dished this information. Most folks don't look at this objectively and most folks haven't had the experience of seeing something in the news one day and thinking "What an idiot that person must be" and then having that person show up at our office the next day wanting help.

If there was something to this there would already be plenty of sharks in the water wanting to represent the guy...

At this point, he may have discussed this with a criminal defense attorney. Again, you are presuming you are omniscient and that all details of this matter have been provided to you by the media. That is.. in a word... dumb.

Do you really think the trooper and others are stupid enough to not have follow the law and their rules in front of thousand of other attorneys, judges and countless TV cameras. You have a very tough case and you know it.

Yes, definitely. What I saw was a piece of video I would love to show to a jury. If only all civil rights cases could be so clear cut. It's very winnable.

But again, I've given you the law. Fogerty v. Gallegos, 523 F.3d 1147 United States Court of Appeals, Tenth Circuit. Tell me why it says I'm wrong.

[Zuplar]

I don't see where anyone said the trooper should be arrested?

Just that he should probably receive a warning. Both parties acted improperly.

For starters look at the title. There are a few that said they agreed 100% with the OP which stated this, thus also agreeing he should be arrested.

[Midtowner]

Still, you know that you would not take this case and you know it, due to its degree of difficulty.

The trooper would be in trouble if he did not preform is duties well.
The OHP said that he did nothing wrong.

Again, OHP blessing the actions of a Trooper later found to be civilly liable and to have violated someone's civil rights, or at least settled for an undisclosed sum, is kind of routine.

[Zuplar]

"^Sometimes soft tissue injuries or back injuries take time to manifest."

That's true. I can imagine his testimony.

"I ran on the field because I love OU football so much. My dad used to take me to games, before he died. (tear rolls down cheek) When it was clear we were going to win I couldn't help myself. I didn't think I was hurting anyone. I just ran onto the field. I was just jumping up and down saying Boomer Sooner. It was even during a time out. Then I got hit from behind, hard. I don't remember anything immediately after that, but I've seen the video. Everyone on TV was making a big joke about it, and so I tried to go along with it, be a good sport. I didn't even really start hurting until about two weeks later. I was watching us upset Oklahoma State, and I jumped up to celebrate, from my couch this time. I just had these shooting pains in my back, I collapsed and stayed on the ground for an hour. Since then I haven't been able to work, the pain just gets worse and worse. I'm not a football player, I don't know why that cop tried to tackle me like one..."

Then the old lady on the front row starts to cry.

Yeah I think I could gets some money on this.

Please tell me with all this you are simply joking?

[ou48A]

Again, OHP blessing the actions of a Trooper later found to be civilly liable and to have violated someone's civil rights, or at least settled for an undisclosed sum, is kind of routine.

The guy also said in an interview that he wasn't going to file any complaints against the trooper or any one else...
Unless he lied, case closed!

[hoya]

Please tell me with all this you are simply joking?

I have made jurors cry before.

Obviously I don't have this guy's story, but it'll be sad by the time I was through with it.