Cop, butcher in clear after dispute

[Snowman]

Interesting read...

Thursday, February 28, 2008
By Stephanie Rice, Columbian staff writerThe Great Meat Fight of 2007 has been declared a draw.

Criminal charges will not be filed against Vancouver Police Officer Roger Evans or Top Choice Meats owner Mike Brannan, a special prosecutor said Wednesday.

The Dec. 21 altercation started when Evans, who went to the Orchards shop to pick up a venison order while off duty, became upset that market employees failed to add pepper flakes to his venison jerky.

According to witnesses, Evans and Brannan had a lengthy, heated exchange that ended with Evans drawing his gun, customers ducking for cover and a flurry of calls to 911.

Clark County Sheriff’s Detective Rick Buckner, who investigated the incident, found no fault with Evans. He recommended misdemeanor assault charges against Brannan based on Evans’ claim that the butcher shoved a heavy box of venison at the police officer’s chest outside the store.

The Vancouver city attorney prosecutes misdemeanors within city limits, but Charles Isely and James Senescu, a former assistant city attorney and a former deputy county prosecutor, respectively, were asked to review the case to avoid the appearance of a conflict of interest since a police officer was involved.

Isely said there was a lack of credible and consistent evidence to support any criminal charges.

Therese Lavallee, Brannan’s attorney, received the special prosecutors’ report and said no witnesses corroborated Evans’ claim that Brannan shoved the box at him.

Witnesses did, however, say that Evans drew his weapon without provocation.

That could support a charge of second-degree assault with a firearm, prosecutors said in their report, but they declined to file such a charge because they said Evans could argue self-defense.

Evans has said he pulled his weapon because he feared Brannan was going to pull one out first.
The prosecutors reasoned that, as a police officer, Evans has a heightened sense about predicting what a person is going to do, Lavallee said.

But what about his SWAT training on how to defuse a situation? Lavallee asked.

“There’s no justification I can see to pull a loaded gun,” she said.

Lavallee said Evans should be charged.

“It should go to a jury. That’s what our system is for,” she said.

Any other person who pulled a gun on a store owner would have been arrested, Lavallee and Brannan said.

“He’s a city official. They’re just covering up to protect him,” Brannan said. “I’m just a citizen.”

Attorney Tom Phelan spoke on Evans’ behalf Wednesday but said he couldn’t discuss the situation because of a pending internal affairs investigation.

Evans, who remains on administrative duty, is a respected SWAT and K-9 officer. Evans also made the news last year when his German shepherd partner, Dakota, was shot and killed by a suspect in Brush Prairie.

When Evans drew his weapon Dec. 21, Brannan said he was dumbfounded.

“I’ve never had a gun pointed at me. Hey, it’s pretty scary.”

He and his wife, Patti, have lost sleep over the situation.

During Buckner’s investigation, a few people came forward and described Brannan as a hothead.
“None of them were there,” Brannan said.

Besides, “if I was a mean, rude person you would not want to come and buy meat from me, and I’ve been there seven years.”

He said his customers have teased him about the meat fight, either coming in with their hands up saying, “Hey, Mike, I don’t have a gun,” or inspecting their order and pretending to be upset about missing pepper flake.

But he hasn’t found too much to laugh about.

He said he has tried to conceal his stress at work.

“Like our sign says, ‘Customer service with a smile,’ ” Brannan said.

[Chromaflage]

What the heck!?!?!?!?! A badge makes someone psychic? This whole thing stinks badly. I've had run-ins with butchers messing up my game order. Do you think I could get away with pulling a gun on the them and claim that I have a "heightened sense" about the guy? Give me a stinking break!!

Evans has said he pulled his weapon because he feared Brannan was going to pull one out first.
The prosecutors reasoned that, as a police officer, Evans has a heightened sense about predicting what a person is going to do, Lavallee said.

[choppers]

a gun was pulled over a box shoved at the cop. Sweet.... tax dollars at work.

["heightened sense" about the guy? ]

did the butcher have a holster? Cop went over the top should be on trial.

[Tilla]

Maybe the butcher was pointing a lambchop at 'em.

[Just_learning]

I am sure there is "more to the story"....like the cover up.

Sad state of affairs when people arent held responsible for thier actions. Maybe next time this guy will actually kill someone. More important than the message this decision sends to the public, is the message it sends him. Behaviors that are not corrected become habit, and the next time he may feel like his "heightened sense" gives him the leverage to go further.

As Carlos Mencia once said "The best thing about America is that its never your fault". Kudos to the officer,I am glad he is here to serve and protect.I feel bad for the Vancouver crowd, they are safer in their homes.

[ET]

Originally Posted by Snowman

Any other person who pulled a gun on a store owner would have been arrested.....

Ya think? That's if they didn't get shot when the police came to arrest him.

I'd just like to tell the city of Vancouver that this is a stinky mess and as a citizen, I expect police officers to have more restraint.

If anyone should be able to walk away from escalating a volatile disagreement, it should be a policeman. As a policeman you are expected to behave BETTER than a normal citizen and if you aren't able to do that, you shouldn't be in the position!

I don't want this officer responding to a situation in my neighborhood!!!!! He needs to find other work!

[Purpleavet]

Just another typical control freak in uniform. I have read on I-fish that many cops are x-marines and they are always on the up and up. I've also read that cops always have good judgement and would never risk there job by treating someone unfairly. He must not of been a marine and the butcher should go to jail!

[LiveLarge]

Do you think that someone with a CCW permit would still have it after pulling a handgun out in this situation? I bet he would have been charged with a crime which is what should happen to this officer.

[No Fences]

I'd bet anything, this cop is suffering from little man's disease, or small man's syndrome.

[Chrome Bumper]

The butcher should know better than not putting pepper flake on jerky.

Is this man some kind of super cop with heightened senses , or just an dangerous jerk with a gun? It just makes all cops and the people that hire them look bad.

Pulling a gun on a guy armed with a box of jerky, in my neighborhood you would get your rear handed to you for that..

That's why Barney Fife only had one bullet and wasn't allowed to put it in his revolver.

[husker]

i have no doubt if any of us pull a gun on the meat guy were in jail for months if not years. absolute crap

[Dave G]

What was he thinking?

[fishkisser]

not much control there eh bucko ...

[Ryan Pultz]

I can’t believe this I guess is goes to show if you know the right people you can break the law and get away with it rp

[backlash442]

Did anyone really expect anything different? Of course not. Even when there are witnesses who say the box wasn't shoved into the cops chest they ignore them but believe the cop when he said he thought the guy might pull out a weapon. What a bunch of garbage.

Hey CB, sent you a PM. Think you'd find it interesting if you read it.

[Snowman]

What caught my eye was this paragraph...
The Vancouver city attorney prosecutes misdemeanors within city limits, but Charles Isely and James Senescu, a former assistant city attorney and a former deputy county prosecutor, respectively, were asked to review the case to avoid the appearance of a conflict of interest since a police officer was involved.
These are both former lead prosecutors. One of them was the lead prosecutor for major crimes.
Now, lets do the math. What side is a prosecutor generally on? The cops side. Is that really an independent investigation? Not in my book. These "investigators" have dealt with cops very closely in the past for their own work in prosecuting of other cases.

[Adofish]

What I don't understand is, how could the butcher have pulled a weapon if he had a box in his hands?

[lunchbucket]

Chrome BumperRe: Cop, butcher in clear after dispute

That's why Barney Fife only had one bullet and wasn't allowed to put it in his revolver. 02-28-2008 12:41 PM

[flapbreaker]

I'm shocked that he got away with this. What if a citizen with a CWW permit didn't know he was a cop but saw a mad guy pointing a gun at the owner and pulled his gun and took the guy out. It shouldn't matter that this guy was a police officer or not. The fact is he allowed the situation to escelated due to HIS dissatisfaction and NOT the store owners. His bad judgement should give citizens cause for concern.

[Just_learning]

just another situation for the age old adage of "the customer is always right". You never know when he could be a gun wielding moron who is above the law.

[Snowman]

Here is a link to a column regarding this event by a Columbian writer.
http://www.columbian.com/news/localN...me-on-this.cfm

[Cohodependent]

Lets face it, our system is very broken. It has gotten to the point that our Police officers are not held accountable for any thing.

Lets see, in Gresham a Police Officer runs a stop sign while not using lights and siren, kills some poor guy in a van and does not get charged.

Beaverton, a Police Officer gets cought speeding while not on a call and fights that.

Portland, Police shoot and kill some one with a pencil. Hmm.

The thing that gets me is that these are folks who are trained to be in very stressful situations and yet it seems that they tend to panic and pull their weapons. We the general public who do not have the same type of training are nearly always charged for doing the same thing. If a Police Officer "feels threatened" they can use deadly force with out question. If you or I use deadly force, and it turns out that the target was not armed, where would we be? If you or I was threatend by some one with a pencil?

I worked as a Paramedic for years up in Tacoma and Seatlle back when the gang wars were going on and I have a lot of respect for our police officers, hell they saved my butt on more than one occation. But, I did see some things that really scared me. Ever heard the term "drop gun"?

Any way, I think that they should be held accountable for their actions just like the rest of us. If not then why all of the extra training??

[69scout]

I guess if you got a badge, you can pretty much do anything you like. What a load of bologna!!!! If I did that, my butt would be sitting in the county jail right now. There should be disciplinary actions for Evans misabuse of power. Not a slap on the wrist.

[mrprincedog]

Everyones comments about "If I did that I'd be in jail" are probably accurate, because you are only reading what the paper and media choose to print about this incident. If this actually went down like its being reported by the media, the Officer may very well be in the kind of trouble everyone thinks he should be in.

Bottom line is things aren't always accurately reported by the paper, they often times have incomplete information, come on we all know that don't we.

[adiposessed]

Originally Posted by Cohodependent

I worked as a Paramedic for years up in Tacoma and Seatlle back when the gang wars were going on and I have a lot of respect for our police officers, hell they saved my butt on more than one occation. But, I did see some things that really scared me. Ever heard the term "drop gun"?

Any way, I think that they should be held accountable for their actions just like the rest of us. If not then why all of the extra training??

So, from your post you state that you were a paramedic and witness to a homicide...ie the comment about the "drop gun". So if law enforcement should be accountable, as you state, dont you think you should have said something? Or is your story just that....a story????

Dont make outlandish acusations like that unless you are willing to stand behind them. Not on the internet, but on the witness stand.

Do you know anything about a "drop gun" or have you ever seen a police officer use a "drop gun"?

Happy Birthday.

[Jennie@ifish]

Closed. Please, people... be kind to one another, or find someplace else to talk tough talk to your brothers.

Jen