From the Aberdeen Police Department:
The Aberdeen Police Department is investigating a police involved shooting that occurred this morning in the 100 block of Hamilton Place.
Officers were called to the area around 10:36 a.m. for reports of a suspicious male near the main office of Affinity Old Post Apartments. The male allegedly made threats to kill an employee that works for the apartment complex prior to coming into contact with a resident nearby where he began to use racially insensitive language. Several calls for help were received, with numerous people reporting that the male was armed with a knife or edged weapon.
Upon the first officer’s arrival they reported that the suspect appeared to be armed with a knife. Back up officers quickly arrived on the scene where they confronted the suspect.
The officers gave numerous verbal commands for the suspect to drop his weapon, however he failed to comply. Officers then attempted to use less lethal force and deployed a Taser; however the Taser failed to be effective. The suspect then lunged at one of the officers with his hand elevated above his shoulder, still holding the sharp edged weapon. Being in fear for his life one officer fired his weapon at the suspect, striking him several times.
Officers immediately began to render medical care to the suspect who was later transported by the Maryland State Police Aviation Unit to the University of Maryland Shock Trauma Center. He is currently listed in critical condition.
The Aberdeen Police Department has policies in place that govern officer use of force, and there is an active and ongoing investigation being conducted.
The preliminary part of that investigation did determine that the suspect, now identified as 23 year old Tyler J. Winkler, was armed with a sharp ended hair comb. Winkler used the comb as an ad hoc “shank” or “shiv” style weapon, holding the bristled end in his hand and lunging at officers with the sharp, pointed end exposed. The officer involved in the shooting has been placed on routine administrative leave until a full investigation can be completed.
The Aberdeen Police Department would like to offer their condolences to all of the families involved in this incident. We ask that anyone with information about the incident please come forward so that a complete and transparent investigation can be conducted.
The Aberdeen Police Department can be reached at 410-272-2121.
Harford Republican says
Don’t we have a Muslim ban to stop this sort of thing?
Lurker says
Failure to comply is becoming too commonplace, When a cop asks you to do something, just do it. If you’re innocent, the truth will come out…you can file a complaint afterwards AND STILL BE ALIVE!!
SoulCrusher says
I understand that when things happen they happen quickly, but to mistake that for a knife is a stretch. Clearly the point is dull, nor is there an edged blade. I find it hard to believe that at least 3 officers could not identify that as a comb. I also find it hard to believe that multiple officers could not overcome him instead of one of them shooting him several times. Did the officer who shot really think that multiple shots were needed? Normally one shot from a 9mm will do the trick at point blank. I think that the problem was the lack of thinking and the over zealousness to shoot a person. Multiple times. I wasn’t there and I don’t know all the details but I do NOT like what I am seeing in this article.
Mike Callahan says
This shooting might not have happen if Abedeen cops had body cams.The neighborhood friend says he was mentally ill ! It’s going to be hard to defend shooting a mentally ill man three times armed with a comb!
Captian Obvious says
How would body cams have stopped this? You have one second to make a life and death decision, as he is charging do you ask if he’s on meds or under a doctors care for mental issues? While he is coming at you and can cover twenty-one feet before a trained Cop can draw and get one round off. Play stupid games, and you win stupid prizes. Don’t charge the Police and act like you have a knife and you won’t get shot period. Life isn’t fair, and stupidity is rampant among the Cop haters. If he lives I bet he think differently next time around if there is one.
Kip says
Body cams have nothing to do with whether or not the officer fired. A body cam would show dumbasses like you what it looks like when someone on drugs, having psychological break, or just wants the police to kill him charges at officers holding a pointed object (that numerous 911 callers had already described as a knife) in a raised position as if he intends to stab them (and this comb is perfectly capable of penetrating your body.) Dont forget this guy had already ignored multiple verbal commands and they already attempted to Tase him before he decided to attack him.
Callahan, you and your hero Boardman would’ve been leaving yellow and brown stains in your shorts had you been in been in the officers’ shoes.
And shooting 3 times in this situation is not remotely excessive. A lot of police firearm training involves firing 2 or 3 shots then evaluate the threat before firing more. Had the officer continued shooting him after he went down, that’s a different story and I would agree it would’ve been excessive.
If you haven’t been in a situation like this you have no clue what it’s actually like, what goes through your head, what you see and hear, and how little time you have to make a decision.
A in B.A. says
A mentally ill man armed with nothing more than some rocks managed to disarm a Arizona Trooper and murder a rookie Trooper just a few days ago. Just because someone is mentally ill and not armed with what you feel to be a real weapon does not make them harmless. Hold that comb like the evening’s press release indicated, so it looks like a dagger, and you will get shot by the police if you advance on them with it. Period.
Big John says
That has proven to be untrue if you’re brown. Being brown is vry threatening even when innocent
Joe says
And this is a white guy so what does your racist comment have to do with anything?
Sam Adams says
He does have nice hair.
Yuneva No says
That comb looks like it could pierce a lung or the heart especially the way the perp was coming at the police officer. If I had been in the cop’s position, and I had a gun, I would have fired at him too.
Mike Callahan says
Maybe we just have a trigger happy nervous cop who cant tell the difference between a knife and a comb? Maybe the problem here is a simple case of bad eyesight and bad judgement!
If a mentally ill man with a comb makes a cop fear for his life then maybe he shouldn’t be a cop!
An One Striper says
A mentally ill man armed with nothing more than some rocks managed to disarm a Arizona Trooper and murder a rookie Trooper just a few days ago. Just because someone is mentally ill and not armed with what you feel to be a real weapon does not make them harmless. Hold that comb like the evening’s press release indicated, so it looks like a dagger, and you will get shot by the police if you advance on them with it. Period.
Applications for APD or the HCSO are available on line. Fill one out , try to make it through the academy, but we all are sure you wouldn’t even pass the applicant stage and if you do, and if you doooooo, (Good Morning Viet Nam reference) then go out and patrol the streets then see if come back and say the same thing.
Maybe it’s a simple case of You being an idiot. Maybe you shouldn’t post on here….that would be nice.
LMAO says
Because spending a career sitting in a car getting fat is a real sacrifice….
An One Striper says
OMG ….LMAO too what a coward you are…..ROFLMAO!!
LMAO says
It’s just a job chubby
An One Striper says
But you’re just coward. End of story…LOL
hmmmm... says
Yes Mike, all of us can study the close up picture now from the safety of our keyboards and see it’s a comb… however, if you’re able to determine from several feet away while the object is being waved about menacingly, with only the point facing you, that in fact it’s only plastic and not metal nor sharpened to a point, you must have exceptional eyesight and nerves of steel.
An One Striper says
OMG …..LMAO too what a coward you are…..ROFLMAO!!
Just the facts says
If you replace all the mention of knife, blade sharped edge object with what it actually was, a plastic comb the article is kinda humorous right up till the cops peed their pants called for backup and shot him multiple times for having a dime store plastic comb in his hand.
An One Striper says
Again, another coward here, Can you do better? Applications are available online.
An One Striper says
Try not to break a nail on your keyboard either!!!…LMAO
Just the facts says
Dude you are doing a great job of attacking other posters and saying nothing about the topic. You are a tough guy with a keyboard who lacks the testicular fortitude to use his own name. Chickenshit better run I have a hairbrush.
Another One Striper says
I can send you the site for applications…..Dude !! LMAO
MD Patriot says
You should get your facts before mouthing off. The comb, better known as a “rat tail” comb, is not a dime store item. The only thing that you had right was that it was made of (hard) plastic. The handle is about 5 to 6 inches long and is tapered to a point. The suspect was holding the comb by the comb-tooth end with the long pointed end coming at the Officer. That is what the Officer saw as the suspect was lunging at him. The Officer was given no choice but to shoot. Put yourself in the Officer’s position…..what would you have done, try to run away? There was no time!
SoulCrusher says
Yeah, tapered to “BLUNT” point with some of the teeth of the comb probably visible from under his grip. There was plenty of time for an officer to ask him what he had in his hand as well. The officers are the ones who escalated the situation when they got there and surrounded him. The officer and officers had plenty of ways to handle the situation, but wanted to get back in their air conditioned cars and their hastiness is what led to this tragedy. I know, when it’s hot outside and you’re wearing a vest it’s even hotter. However, pepper spray could’ve been used from 20 ft. away and we wouldn’t be having this conversation right now.
Henry says
Easy for you to offer up your opinion after the fact. You and the rest of the keyboard cowboys are a bunch of assclowns. The fact is that when you are ordered to drop a weapon and you refuse, you may be shot. Any hesitation on the officers part may result in the death of the officer. Do us all a favor and stfu.
SoulCrusher says
There was no weapon, nor was there anything that even resembled a weapon. Had there been a weapon or even something that resembled a weapon, I might just agree with you. The man didn’t refuse to obey an order, he was never told to drop his comb. Justifying the shooting of a man for possession of a comb is plain stupid. Any police officer that couldn’t see that this was a comb should be removed from active duty due to impaired vision preventing him from correctly doing his job. The training you guys are receiving now a days is that which was meant for cowards and a traitors. This isn’t Iraq or Afghanistan, this is the United States. You are not free to wage war against WE THE PEOPLE with impunity. I now refer you to your own last sentence….
Hank says
He’s an idiot. @ 9AM he says the suspect was not using the comb correctly as a defensive weapon, now at 3:15 PM he says there was no weapon. He’s a legend in his own mind! What an idiot, will probably come up with some Supreme Court Case involving combs, brushes or hair spray. SC why not pay attention to the last sentence in both posts.
SoulCrusher says
Well, if you watch the video, you will see what I’m talking about. I have repeated over and over, for days and days, that there was no weapon. I then found this video on YouTube that shows a trained self defense expert showing us how to wield a COMB in a self defense strategy. That expert clearly says that the comb will NOT cause any serious physical harm and is used to irritate and shock a foe so that one may ESCAPE a situation. ESCAPING is not an intent to do harm. Holding a comb in your hand is NOT an intent to do harm. Tasering a person for having a COMB in their hand IS an intent to do harm. Pulling a pistol and firing three shots into a man’s center mass IS an intent to do harm. JUSTIFYING the actions of these officers when there is no REAL threat is a patronage of treason and a form of mental illness. Once again, I direct you to the last sentence of your own comments on August 5, 2018 at 10:47 am and I appeal to you to remove your head from the anal cavity of the Aberdeen Police. Try using your head on the other side of their waist line. Their appreciation will certainly cascade down the side of your face. Just for the record, you’ll probably like it.
Hank says
Wah wah wah …you just keep showing the world what a jerk you are. Can’t even read, my first reply to your bunch of crap was just about an hour ago, and this will be my last to you….your a sad sack of crap, wasting someone elses air. Not going to reply anymore, waste of my time, but lets see some court decisions referencing rat tail combs….. # Rat tail combs r treasonous…… That’s our CODE!!…..ROFL
SoulCrusher says
Oh, so that’s all you got? Comment under a name and use the short term for the same name in another comment and we are supposed to believe that both are not the same? Now, your not going to see some Supreme Court decisions regarding rat tail combs because ONLY the Aberdeen Police Department has officers that are incompetent enough to mistake a comb for a weapon. I’ll have to give them that. Aberdeen Police is the FIRST Department in the United States that mistook a comb for a weapon. However, I don’t think this is a first to be proud of. Even when police in the UK mistook a comb for a GUN back in 2015, they didn’t shoot the 15 year old girl 3 times center mass to make her drop her comb. When are you guys going to understand that training police to be merciless militant thugs and teaching the police to say “I feared for my life” to excuse their complete disregard for human life is wrong? Do you even care Henry Hank? Or is it Hank Henry? You are a total buffoon…..
Check Your Facts First says
You are incorrect in your damning comments of the APD or police. You should do a bit more research before running off with your mouth. FYI, @ 4 years ago just outside Fargo ND Deputies and town officers responded to an EDP call. As they arrived and were invited in by the parents and speaking in the foyer, the EDP charged the officers with the same type of comb, stabbed one in the left eye, ending up blinding the officer, tried to grab the officer’s weapon, got it halfway out and was shot by the back up officers. Threat eliminated. They rendered aid and the rest is history. So yes an EDP with an object like this is a threat. Bet if I came running at you with this type of comb and got you in the eye of neck, you would be in some hurt or dead.
And aren’t you the same poster who swore up and down that the big mushroom caper was an HCSO until you were proven wrong as well?
Who’s the one with egg on their face now, or should I say, who’s the buffon now?
Check Your Facts First says
* or neck
Tag Team says
Whoooooop there it is…….bah bammmmbo… Our CODE!!!…… guess that dude told you…..lovin it!!!! LOL !!!
Common Cents says
Man with knife in Fargo, N.D. is overcome by citizen with martial arts training! Citizen sits on attacker until Fargo police arrive. Police do not find it necessary to shoot attacker!
http://www.wday.com/news/crime-and-courts/4445060-man-thwarts-random-stabbing-attempt-holds-attacker-until-fargo-police
Tag Team says
Nice try again, scene was static there, wasn’t lunging at an officer or aggressive toward an officer who had a weapon on his person.Kudos for you trying to put a spin or deflection on the real point here….and again, not the correct story. Keep checking you’ll find it.
SoulCrusher says
First, if you came running at me with any object trying to stab me in the face I would probably break your jaw. Notice that the jacking of the jaw isn’t a lethal technique and you’d still be alive. Second, I can find NO information on the story you claim happened in Fargo, ND. However, I will readily admit that I am incorrect about the Aberdeen incident NOT being the first time an incompetent cop mistook a comb for a weapon and shot a man for it in the US if you provide a link to the incident. It still doesn’t mean that the officers who took part in Mr. Winkler’s shooting are not incompetent, just that they are AS incompetent as the ones in Fargo, ND. Provide a link to the story and I’ll be happy to correct myself and point out that we can all feel safer that the Aberdeen Police are as incompetent as police in Fargo, ND. Will that make you feel better? Yes, I did think that the officer in the Mushroom Caper looked as if his uniform was a HCSO uniform and that when I first read the story I thought that it happened in Darlington, as that is what was provided by some of the sources. The bottom line is this incident is still an act of incompetence by the Aberdeen Police and you guys are on here celebrating it as if the incident was a definitive triumph and saved many lives. This is pathetic and if I was friends or family of Mr. Winkler, I’d probably punch you right square in the Adam’s apple.
SoulCrusher says
By the way, when I type “Fargo ND police shoot man with comb” into Google, the Aberdeen story printed in the Baltimore Sun is the first to come up. After scanning 3 pages of results, there is still no mention of the Fargo, ND incident that you claim happened. Now, no one is trying to tag team you. I find that this incident is pathetic and I take personal offense to your officers gunning down a mentally ill man for brandishing a comb. 3 were on the scene and none of them were smart enough to pepper spray the man from a distance. Your training amounts to acts of war against WE THE PEOPLE and that is the real point here law dog. You don’t celebrate acts of violent incompetence by men who can’t do their job correctly. Then again, it is Harford County we are talking about and I guess it is possible that the police up there would think this is a success story because doing harm and attempting to murder unarmed citizens is the directive up there, right?
SoulCrusher says
This is the closest thing I’ve been able to find that even resembles this incident as far as a cop being stabbed with a comb. The comb had been sharpened, unlike the Aberdeen incident. Even if I am wrong, I would hardly call that a “Whoop there it is” moment and your usage of that is as offensive as your pathetic police attempting to murder an unarmed man. https://www.reuters.com/article/us-usa-crime-detroit/man-stabs-deputy-sheriff-with-comb-escapes-detroit-courthouse-idUSBRE9880OP20130909
SoulCrusher says
The man wasn’t even using the comb correctly for self-defense. Watch this and listen to what the instructor is saying. He even says that the whole idea is to make someone “STOP” their attack so you can get away. [youtube https://www.youtube.com/watch?v=cB-N7Sc9Bpw&w=844&h=475%5D
Another One Striper says
Got your panties all bunched up? Good Job APD! They referred back to their training, stopped the threat, first trying to use non-lethal force, didn’t stop the threat. Stopped the threat, rendered immediate first aid to a higher level arrived and took over. Everyone at the complex and police safe. Person flown to STC.
Use your own name? What’s your real name? Hello there so and so, this is my son/daughter who I would like to introduce you to. I named him/her, “Just the Facts!” LMAO … Dude, you are the one who is funny. Ragging on the police, must have been locked up by them, I am guessing a few times, Dude!!! And Dude, you got me scared…. LMAO. Probably a bald fat man yourself…….. leave the brush, take the cannoli… Dude.
An One Striper says
Now that’s funny Brother, from one road guy to another. Yes APD did a great job. Like your name BTW, only hope they don’t get use confused. Stay Safe !
SoulCrusher says
OK, I’ve read enough. If you call what happened here a success then you are out of your mind. This was an attempted unlawful arrest that resulted in the shooting of an unarmed citizen which may end up being MURDER. Mr. Winkler did NOT have a weapon and he DID obey the order to drop his weapon because he didn’t have one. You must say drop whatever is in your hand when someone is not holding a weapon because to order them to drop a nonexistent weapon is an exercise in futility. He was then unlawfully stunned with a Taser and then when that Taser was not effective he lunged at an officer because the officer illegally attacked him. Every citizen has the right to resist an unlawful arrest even if it means shooting the officer dead in his tracks. Instead of patting an attempted murderer on the back for shooting an unarmed and mentally ill man, you should be seeking out the resident who told you he had a knife and arrest them for false statement. You DO realize this is a Deprivation of Rights violation and you do realize that the officer did attempt to murder an unarmed man who had a comb in his hand. He basically shot down a mentally ill man who had every right to resist the unlawful arrest and if he dies the officer should be charged with murder.
“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v State, 136 Ind. 306
“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100)
“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260)
Captain Obvious says
Soul Crusher, why don’t you go to law school instead of being on on the Dagger. If you did you would know how wrong you are once again.
SoulCrusher says
Law school teaches treason and the justification of treason against those whom are uneducated in the law. Why would I want to learn or be part of that? You can look at things the way you want, but I only see treason in the actions of my government and believe it needs to be reformed or abolished. I find it baffling that everyone seems to think a police officer can kill an unarmed man for refusing to obey an order. I find it odd that a man running out of a snowball stand gets blown away for not obeying an order. When and where did the police get the power and authority granted by the people to kill us without any reasoning involving the principles of police power? The answer is they didn’t. Those who rule by the gun and bullet will meet the fate they deserve, even if it must be delivered thru the law of nature.
An One Striper says
@ Soulcrusher. nice informative response, but I’m a bit confused. Were you there and witness this event? I certainly wasn’t, but judging by the news release above, the subject had a sharpened weapon, was ordered to drop such and failed. Where is the information that he dropped his weapon? And no this was not a success by any stretch. It’s a shame that this happened in the first place, but the officers did what they were trained to do, and the end result was unfortunate for the suspect, but until other reliable information is released, it appears that he did lunge at the officers with some sort of weapon, or object and failed to comply. The only success was that the officers or any other bystanders or potential victims are safe. And I understand your stance and your data but we are just on different sides of your interpretation of the stated information. I refer you to the appropriate section of the news release, and /or story:
” The officers gave numerous verbal commands for the suspect to drop his weapon, however he failed to comply. Officers then attempted to use less lethal force and deployed a Taser; however the Taser failed to be effective. The suspect then lunged at one of the officers with his hand elevated above his shoulder, still holding the sharp edged weapon. Being in fear for his life one officer fired his weapon at the suspect, striking him several times.”
Please let me know where it says he dropped the weapon? Thank you, and have a good night.
SoulCrusher says
He didn’t have a weapon. He had a comb. He was told to drop a weapon, but he didn’t have one. There was never any potential victims because he didn’t have a weapon. He had a comb. If the officers are being trained to shoot unarmed men brandishing combs, then the officers are being trained wrong. Every officer is expected to know the law and use due diligence. Due diligence means to take steps to satisfy a legal requirement. The most important step he didn’t take was making sure that there was a weapon in his hand. Instead it ended up being a COMB. Either get the officer’s eyes checked or remove him from active duty as this is a color of law incident and NO LAW was enforced here. The officers need to go back to the scene and beat the snot out of the property manager and whichever residents gave the false information. Everyone one of them is an accomplice to attempted murder, who did perpetuate the situation to a point of the officers being unreasonably fearful for their safety. Don’t forget everyone of those people who gave police the false information did so knowing this man was mentally ill and probably thought it was all fun and games until the man got shot. There is no duty of a citizen to comply with an order that is unreasonable or makes no sense. To tell a mentally ill man that he must drop his weapon when he had a comb is like telling a child they can’t watch tv when they are watching YouTube on an I-Pad. They’re just not going to get it. You have your opinion and I have mine, but I think this was an excessive and vulgar display of brutality when the officers could have just pepper sprayed him from 20 feet away. Just for the record, that reliable information you are referring to also tells us the supposed weapon was a comb and if you think WE THE PEOPLE missed that one then you must think we are all a bunch of sheep that are fast asleep….
“So an officer, at common law, was not authorized to make an arrest without a warrant, for a mere misdemeanor not committed in his presence.” Bad Elk v. United States, 177 U.S. 529 (1900)
An One Striper says
Now I’m even more confused. You are saying the police had no right to resolve the situation through their training, and you keep on stating the police and MD are not constitutionally legal and so forth, and have no authority to arrest and so on. Ok, why is that you said above they should go arrest the , but you state that the police should “you should be seeking out the resident who told you he had a knife and arrest them for false statement.” Will according to your own logic they don’t have the authority under the code you refer to, all the time, right? Now in your latest post you say the police should, “The officers need to go back to the scene and beat the snot out of the property manager and whichever residents gave the false information.” Well that now sounds to me that you are encouraging and actually saying the police should go out and assault someone? Come on now.
And you have been around the block once or twice and no negative or offense meant either, just you have knowledge of the field, so please tell me, just how many people have been shanked by, ” ad hoc “shank” or “shiv” style weapon” both on the streets and in the prisons? Some have been made by a something as common as a toothbrush or this very same shaped comb. I don’t think anyone police or not would like to take the non bristled end of the comb into say an eye or in the chest. I have been to many cases where a “shiv” or other common item was used to hurt a victim.
When you were bounty hunting, ever come across an alleged mentally ill person you had, say a re-take for or skipped out on a bail? And the courts may not have declared that person at the time to be a danger, and then have one go off on you?
And your last case from West law or Lexis or wherever you are pulling them from is so not relative. The police were there legally on multiple calls of a disorderly and threatening person, that suspected allegedly threatened civilians, was acting disorderly, was yelling racial remarks at citizens, threatened the officers, failed to comply with a lawful order and so on. All acts committed in the presence of the officers, so yes an arrest without warrant is authorized as those acts were committed in their presence. So that one does not apply here.
So yes we both have our opinions, but sometimes your comments are a bit confusing and conflicting. Again we’ll just leave it at that.. Have a good night.
An One Striper says
* Well according
An One Striper says
*Ok, why is that you said above about the police “you should be seeking out the resident who told you he had a knife and arrest them for false statement.
Darn auto correct..
SoulCrusher says
Yeah I am saying the police should go and assault people that gave false information leading to this man being gunned down. Clearly, your observation skills are as precise as the officers involved because the picture of the comb displayed right here on this article shows that it was NOT sharpened or altered in a manner where it could be called a shiv. You are stating a false narrative given out by those who want you to applaud an act of attempted murder of a mentally ill man brandishing NO WEAPON. What don’t you understand about that? The code of rules and regulations only apply to government employees. Not private citizens. The government has tricked the population into believing they are beholden to a code that only government employees are beholden to. They did this by taking common law crimes and codifying them into statutes to use in the sorry excuse for a court system that currently exists. NO MAN OR WOMAN is beholden to the rules and regulations of any State or the United States that there is NO CONSTITUTIONAL AUTHORITY to enforce. Code enforcement officers take it upon themselves to enforce these statutes and are NOT acting as an agent of the State, but that of a private citizen.
“The common law is the real law, the Supreme Law of the land, the code, rules, regulations, policy and statutes are “not the law”. – Self v. Rhay, 61 Wn (2d) 261
If government officials attempt to enforce an unconstitutional law, sovereign immunity does not prevent people whom the law harms from suing those officials in their individual capacity for injunctive relief. This is because they are not acting on behalf of the state in this situation. The Court found that an official who engages in an unconstitutional action cannot be held to be performing it on behalf of the state, even if the official complies with the state’s own laws. Peckham reached this curious result based on the Supremacy Clause, which makes the Constitution superior to all contrary laws. Violating the Supremacy Clause reduces a government official to the level of a private citizen, who can be sued. In arriving at this conclusion, Peckham managed to find that the official could be a state actor under the Fourteenth Amendment, which meant that his infringements on due process rights could be challenged, but a private individual under the Eleventh Amendment, which meant that he also could be sued. Ex Parte Young 209 U.S. 123 (1908)
“The courts have committed fraud and coerced us into unconstitutional contracts which attempts to have us waive our unalienable rights which cannot be bought, sold, traded, given away, nor taken away. Due to the hidden and unconstitutional RULES in state codes, Due Process rights were violated”. Erie Railroad Co. v Tompkins. 304 US 64 (1938)
SoulCrusher says
There is no lawful order coming from a code enforcement officer enforcing something that there is no constitutional authority to enforce. There is no power or authority to regulate the behavior of WE THE PEOPLE. All statutes that attempt to do this are in fact unconstitutional unless they are derived from common law. You also need to reread the article, NO OFFICER WAS PRESENT WHEN THE ALLEGED THREATS AND INSENSITIVE COMMENTS WERE MADE TO THE COMPLEX EMPLOYEE OR OTHER RESIDENTS. Go ahead. Reread paragraph 2 of this article and tell me different. Threats and insensitive comments are NOT against common law and the statutes are ipso facto, void. Furthermore, it doesn’t say he threatened the officers and even if he did they were making an unlawful arrest. Why are you making up facts that are clearly NOT present in this article?
SoulCrusher says
Furthermore, all codified statutes that infer that words coming out of your mouth is a crime are in fact illegal and unconstitutional. Emotional distress is NOT an injury, it is a state of mind and is NOT a criminal act. You can sue someone civilly for emotional distress, but it is not and shall not be a legitimate crime, as it is in violation of the 1st Amendment of the US Constitution. The same goes to telephone misuse. You have the right to say anything you want, to anybody you want and it is NOT a crime. What you say can be used against you if a crime occurs. If you threaten someone and they end up dead, you will be a suspect. If you lie about someone and they lose an election or their job, you will be sued for the tort. However, the actual words coming from your mouth are a constitutional right and a constitutional right can NOT be converted into a crime. All laws contrary to the constitution are in fact part of a war against WE THE PEOPLE to control our behavior and are acts of treason in a legitimate court of law. ANY person convicted for words that comes out of their mouth is in fact being persecuted by an illegitimate government that has created unconstitutional laws, which are acts of treason against the United States. So, in reality of this situation, Mr. Winkler had committed NO CRIME and this entire incident started over a civil matter and turned into an Officer shooting a person. That is the real crime here.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the FREEDOM OF SPEECH, or of the press, or the right of the people peaceably to assemble, and to petition the government for redress of grievances.. First Amendment, U.S. Constitution
“The claim and exercise of a constitutional right cannot be converted into a crime.” Miller v. U.S., 230 F 2d 486, 489
“The State cannot diminish rights of the people.” Hertado v. California, 110 U.S. 516
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” – Miranda v. Arizona, 384 U.S.
FYI says
If someone comes to your residence and threatens to burn your house down or blow it up they have committed a crime. The incident needs only to be witnessed or verified by other parties separate from the victim. Freedom of speech doesn’t apply. Sorry you should check all applicable case law before posting. We all know you interpret the constitution to suit your own personal agenda. Kind of like your decision to grow and distribute weed out of your home hoping that you could hide behind the constitution.
ROFLMAO says
Yea I spent a year in the big house my cell mate was serving 8-12 for saying “I’m gonna blow your house up”. He said the trial lasted 3 weeks and people were put in the witness protection program…. LOL
SoulCrusher says
Wrong. The law is unconstitutional, therefore NULL and VOID. There is no law broken unless you actually carry it out or show intent to carry it out. You can not blow up a house or burn it down with words. It’s just not possible. However, if the person has a gas can or a grenade in their hand, they then have the means to accomplish the threat and that in itself would be concerning. That would give credibility to the threat and the person should then be charged with attempting to do what they said. However, an idle threat is nothing but an idle threat and if there is no means to carry it out there is no threat. What I am telling you is the REAL law, not the false law of the Maryland Code. The entire Judicial Department and the Legislature is committing treason against the people of Maryland and the United States by passing, initiating and enforcing such fraudulent law amongst the citizenry. Real Americans know this and we shake our heads due to the shame in watching our government and its employees commit treason against its own damn people. You guys can make fun all you want, but I’m telling you the truth and the State of Maryland is nothing but an act of treason against the United States.
SoulCrusher says
By the way, you show me some proof that a controlled buy was ever made from me and I will never comment on this web site again. The charge of distribution was a fiction and the raid was illegal. I didn’t sell to anyone. You always want to bring up acts of treason that effected me personally, but you don’t have a clue what you’re talking about. You need to understand that the Harford County Narcotics Task Force was nothing but a perjuring terrorist organization in 2009-10. That’s just the way it is.
SoulCrusher says
One has to remember, that the government can NOT give itself powers and authorities not granted by WE THE PEOPLE. The covenants of the 1st Amendment is that there shall be religious freedom, freedom of speech and the press, peaceable assemblage and the redress of grievances by petition to the government. There is NO limitations associated with any of the covenants, as no limitations are listed. If there is to be a limitation or a criminal liability associated with the freedom of speech, then the government has given itself a power and authority that was expressly forbidden by the United States Constitution and that my friends is the government attempting to give itself jurisdiction over that which is forbidden. When the government or any of its agents assume jurisdiction of something that is forbidden by the United States Constitution, it is an act or acts of treason.
SoulCrusher says
False statements used to produce an illegal arrest or bodily harm to an individual due to an illegal arrest are in fact fraudulent statements. Fraud is a common law crime so the statute is applicable. When I was a Bail Bondsman, we got our information directly from family members or the indemnitors that signed the hold harmless agreements necessary to execute the bail. We were well informed before we went looking for people and I don’t ever recall not being told when a skip had a mental issue. We were warned by those who indemnified us. Recall orders don’t apply to Bail Bondsmen, or at least they didn’t a decade ago. A recall was something the boys in blue had to take care of as recalls were not our responsibility. We only guaranteed the appearance to a court date and we had no duty to enforce behavior issues unless the indemnitor wished to pay for the re-arrest or unless I as the surety felt like it was necessary.
An One Striper says
We’re done, you’re now becoming nasty and I thought we could discuss it reasonably. And from any distance and given the heat of the moment any person would reasonably believe that to be a weapon. And you are not be reasonable now with your remarks to me, so we’re done. I tried.
SoulCrusher says
Excuse me? What remarks were made to you that were unreasonable? I don’t recall getting nasty with you. Believe me, I can get very nasty and I was reasonably discussing this with you. I’m sorry I violated your “Safe Zone”, but you’re gonna have to be a little more specific about what you think a nasty comment is because I haven’t even made even one nasty comment to you. Why are you feigning outrage when nothing has been said to make you outraged? You need to calm down and take a Valium. If you don’t have any, the yellow ones are $1 and the blue ones are $2 and are available from your local drug dealer. I don’t want you to get ripped off to further your outrage from my non offensive comments.
Jerry Springer's Field Scout says
Hey super genius, watch the video linked to the story, see any of the other TV broadcasts or televised updates? Ever wonder if the one striper worked the road and spoke to others, wow what an idea, maybe one of them was there, and then he reads your asinine 5 or 6 sentences where you call him out about the same precise observations skills and so forth. Why he even bothered I’ll never figure out. I’m just wasting time till its time to head home to family, not just a screen and keyboard and tremendous amounts of hate in my head and soul. And you go on about different colors of diazepam or alprazolam (which is quicker), and so forth. WOW you are the MAN no matter what. With talk like that no wonder you have the rep you do. Damn Sam I can’t believe I’m talkin wit da man !!! You should both be a Supreme Court Justice, or part of some type of God Intersession Squad because you think you know it all and talk your same crap over and over and none of it is worth squat. But no doubt you won’t pass the RDAT’s. Basically you are a waste of human flesh and air spewing the same garbage slanted to each new new story on here. You should be on Court TV, that’s it. Go for it man.
SoulCrusher says
I don’t need to point out the picture of the weapon clearly shows it hasn’t been sharpened or altered? If you can’t see it for yourself then you’re blind too. If you get offended because you can’t see the truth in the picture at the top of the article, then you need a valium as well. Valium has been around before I was born and they have been the same price I quoted since I can remember. I still don’t see where I said anything offensive directed toward his person. Now you can call me anything you want. You don’t matter and never will. At least not to me. I do not approve of anyone making excuses for shooting someone three times for having a comb in their hand and that’s the bottom line. I find it not only unreasonable, but incredible, that no one could see that the object in his hand was the handle of a comb and not a weapon. A comb is not a weapon and any officer that thinks it is probably should not be in Law Enforcement.
kay says
Imagine the future trauma this officer faces getting a hair cut. Hair Cutery must look like a International gun dealers cache.
Earl says
Calling someone a coward on the internet?
How can anyone discern someones level of courage over the internet, especially on local news article comments?
I cant wait until someone replies and “tells me how it is.” I’m the biggest self centered yellow spined sorry ass. I saved you the trouble or something.
Ms. Reality says
@SoulCrusher-I hope that I don’t come in contact with you in this life. Your thoughts are so far from reality that it is frightening. You have obviously had experiences with the police that have warped your sensibilities. You comment on so many Dagger articles with such hatred against the police and pretty much everything else. I feel sorry for you that this is your perception of reality. I truly hope that you get some help to bring you back into the real world.
I for one, am glad the police officer walked away from the situation instead of being laid up in the hospital with potential life threatening injuries or worse and will be able to continue to protect and serve. Because that is what he did. He protected the rest of us.
SoulCrusher says
The Police officer would have never had any life threatening injuries because the man was holding a comb. A comb can not pierce your body to do any serious harm because it would’ve bent without reinforcement and the tip was NOT sharpened. He did not protect anyone from harm and your idealism that he did is what in wrong with this country now a days. This was not the actions of a hero, these were the actions of a man trained to do war against WE THE PEOPLE and the US Constitution. These were the actions of a man enforcing codified crap against the public and he gunned this man down for resisting an unlawful arrest. As for the rest of your sentiments, YES, I have witnessed police break every law that we are subject to and I have watched as they covered it up every time with complete cooperation of the courts and every agency of the State. I tell you what, you be the victim of a terrorist raid on your house where they record your body naked and even try to flip you over to get your private parts on video so they can disseminate it throughout the courts and the law enforcement community, then you can tell me about what hatred is. I don’t hate police doing their jobs, I hate criminals parading around as police and wanting everyone to call them heroes, when they are really zeroes. YES, I don’t want to come into contact with you in this life either as you have become complacent to the treason and the laws of ignorance that have engulfed this State. Your idea of reality and mine are definitely NOT the same, yet mine is what I have witnessed with my own eyes from within the bowels of the State government. I don’t need any help because what I have seen is the truth and I have every right to be disrespectful. My warped sensibilities, as you put it, are the results from illegal actions from the State and the traitors it employs to enforce its unconstitutional policies that amount to treason. I live in the real world every day and you live in an imaginary world where you think the police are your protectors. You need to wake up and see what is really going on around you. I hope you do before it is too late.
“It is not the duty of the police to protect you. Their job is to protect the Corporation and arrest code breakers.” Sapp v Tallahassee 348 SO.2d363; Reiff v City of Philadelphia, 477 F. Supp. 1262; Lynch v N.C. Dept. of Justice, 376 S.E. 2d 247
Big Lenny says
I’m not some 110 pound cookie cutter. I’m over 300 pounds of muscle. I need to sleep ya know. Im sluggish, most of the time i’m growing. -Big Lenny
Teddy Bear says
Wait till the lawsuit that will b paid out….Once upon a time officers knew how to handle things with restraint. Many dollars have been spent to provide non lethal weapons to officers. Yet they reach for the gun. Then wonder why they are not trusted? How many officers were on scene? 5 or 6 likely. Of course if they had body cams we would know what really happened. As it is we an only base any conclusion on what has been said by eye witnesses that typically are problematic at best.
SoulCrusher is spot on as usual.
Common Cents says
YOUR FARGO FACTS ARE WRONG! There was a knife involved not a comb!
http://www.wday.com/news/crime-and-courts/4445060-man-thwarts-random-stabbing-attempt-holds-attacker-until-fargo-police
Tag Team says
Guess Fargo only has one person with a knife?????? Wasn’t even confronting the police. Try again….Can’t believe how narrow minded and arrogant you are.
Tag Team says
Completely Wrong story…. not a police related shooting ….nice try though….can’t admit you’re wrong??? Whoop there it ISN’T….Try again!! Wrong facts same crap from you….now are YOU using a new name?
Come on now…..
Tag Team says
Since you have nothing better to do, check out Tempe Arizona, Pike County MS, where a hairbrush shiv was used, Wayne county Detroit in 2013 by prisoner escaping from court and so on…..Newark NJ 1997, NYPD in 2006 got one in the chest between the overlap of his vest…..
So Whoop there’s some more….
SoulCrusher says
You are a total idiot. “Whoop there’s some more”? None of these stories are anything like what happened in Aberdeen. You need to stop defending the incompetence of your cops. I would like to also point out that the Aberdeen Police are filing false charges against this man and are claiming he sharpened the comb. The picture is right here on this article and there is no signs of the comb being sharpened. Why is it standard operating procedure for police to file false charges and commit perjury in your County? The Aberdeen police just guaranteed a law suit by filing these false charges. The officers involved in the false charges and perjury should be fired.
Tag Team says
Well they will be treasonous actions by the illegal APD, so why bother. And and BTW I too can read and write, but thanks for the in 411 or wikipedia, whichever suits your sick ego. Hey here’s an idea, go to that law school like the one guy said and be the plaintiff’s lawyer. Would love to see that. No Alford Pleas there huh?
SoulCrusher says
FORCED Alford Plea, get it right if you’re gonna bring it up. I really can’t make much sense of the rest of your comment and I’m starting to doubt your claims of being able to read and write. You simply can’t read or write correctly. I don’t know what your talking about when you typed 411 or Wikipedia, please explain.
SoulCrusher says
The SoulCrusher only uses the screen name “SoulCrusher”. I’ve seen the screen name “Common Cents” used before and it definitely was NOT used by the Crusher of Heads, Holes and Souls. I do believe that there is one of Mike’s screen names, but I don’t know for sure if that is the case in this matter.
Tag Team says
There might be a possibility on that, about the name, and if you read what I wrote I stated that it was Deputies and town officers involved in the incident, yes it happened and just outside Fargo, in Cass County I believe. The true facts and entire scenario is published in a training reference manual, and confidential in nature. Not every call for service or OIS is published on the net, and ever hear of sealed investigations, or gag orders? Yeah they had them back then , and I’m not an expert on ND Police PIO regulations , but I’m sure there was a reason it was not plastered all over the net. There is more to research than Google. BTW You’re such a tough guy and sure some EDP would not get a jump on you? You’re right, not behind the safety of your keyboard questioning the real deal.
Bottom line you were wrong once again, mushroom caper as the guy said above, and now your silly ass comments about APD. I just don’t know why you’re not leading this great nation of ours as you’re so damn perfect and know everything.
I would say I feel bad for you, but I don’t you don’t care and you bring a lot on yourself. Your problem, not mine. You enjoy your miserable existence spreading your hate and crap, afforded to you under the Constitution and all those illegal codes and treason and whatever other crap you come up with. So whoop that is it.
SoulCrusher says
You’re a liar. An incident like that would not remain confidential or be sealed as it would’ve been a headline all over the country. You’re not just a liar, you’re a bad liar. The Aberdeen Police Officer involved in this incident is completely incompetent and the charges just levied on Mr. Winkler are in fact acts of perjury and a violation of oath or affirmation. You’ve just lost all your credibility with your ruse and should follow your own advice to STFU. So, Whoop there it wasn’t. You can’t quote the contents of a case and not have already breached the confidentiality that is supposed to be in effect. Your just a complete liar.
Tag Team says
“Forced Alford Plea????” ROFLMAO !!! Confidentiality reflects in particular cases and to certain aspects of incidents, to the names of the people involved, the exact facts , not summarizations, Mr Einstein as was written by the Poster, @ Check your Facts. You are a mere troller who grows and smokes dope, gets caught by the cops and is “FORCED” to take an Alford Plea. Unheard of. You should the plaintiff in one of the old outdated cases you clog this site with. And speak of credibility, you have less than zero. You just aren’t as smart as you think you are. And mister tough guy from the streets and trolling computers doesn’t understand the 411 or Wikipedia references? You are a piece of work. So who’s the misinformed liar? Oh OH , Liar, Liar pants on fire…ROFL… Whoop, done wasting energy on you.
SoulCrusher says
Those old outdated cases are the real law of this land. You can’t change what is in the Constitution by an act of legislation and you can’t it by utilization of any clause of the Constitution either. The Federal government can not give itself powers that were not ordained by WE THE PEOPLE. The State government can not enforce law that doesn’t fall within the principles of police power. Marijuana doesn’t fall under the principles of police power because it cause no harm to the welfare of the general public. That’s the bottom line, but I think you already knew that didn’t you traitor……Whooop there it isn’t.
Tag Team says
CREDIBILITY:
An Alford plea isn’t the same as a guilty plea—it is a guilty plea. Better stated, it’s a kind of guilty plea, one that shares similarities with the “no contest” plea.
To be more precise, an Alford plea is a guilty plea by a defendant who claims to be innocent. A no-contest (or “nolo contendere”) plea is a plea by a defendant who accepts punishment but doesn’t admit guilt. Both kinds of plea result in conviction.
Despite claiming innocence, a typical Alford defendant considers the evidence too strong to go to trial. To that kind of defendant, the chance of a jury conviction and a tougher sentence is enough to plead guilty.
Courts treat Alford pleas differently than standard guilty pleas. An Alford plea is similar to a no-contest plea, but there can be important distinctions between those two.
Courts have come to different conclusions as to whether and how Alford pleas should come into play in civil cases.
North Carolina v. Alford
The Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. (400 U.S. 25 (1970)
FORCED: LIAR !!! No such thing !!
Tag Team says
Thanks for the support, but I think the jerk knows what it is. Kinda funny you posting the case like he does, but next time use another name, not mine, Thank you.
SoulCrusher says
He didn’t do anything except for make himself look like a fool. Joseph Cassilly’s office used to force Alford Pleas all the time. You get someone incarcerated then you threaten them with physical harm by your County’s Sheriff Department. They also said I wouldn’t get any of the money they racketeered out of my bank accounts back unless I took the Alford Plea. However, Cassilly’s office is slick about it by not actually saying it themselves and they get your own lawyer to do the threatening and extorting. This is the game Cassilly used to play all the time and he is nothing but a stinking traitor. I’ll take a lie detector to prove it. Now, let’s get back to your buddies on the Aberdeen Police trying to commit murder on an unarmed mentally ill man. That’s what we were talking about.
SoulCrusher says
You are so full of crap that your breath must smell real bad. So, Mr. Know-it-all, if there is no such thing as a forced Alford Plea then what do you call extortion and threats of harm while incarcerated to obtain the Alford Plea. That is a forced Alford Plea by Coercion and extortion. It was done in William Carr’s court and mine wasn’t the only one. I suppose Valerie Carlton’s Alford Plea wasn’t forced as well. You don’t know anything about what is really going on in the Maryland Judicial Department do you? The plea was forced and I maintain my innocence to this day by means of an illegal search. None of that matters because the law itself is illegal and unconstitutional. The law derives from the Federal government. The Federal government has no authority to do such a thing. The Federal government has absolutely no authority of police power. Don’t you get it. It’s not within the Federal government’s realm to make any law regarding policing of individuals in the States. However, we were talking about Aberdeen cops attempting to commit murder and that is the topic at hand.
SoulCrusher says
By the way, if the Alford Plea wasn’t forced then why didn’t they just go after a standard guilty plea. They knew they were breaking the law and they knew the law itself was unconstitutional from the start. If they had so much evidence they should’ve used it, but they couldn’t because the search was illegal. They had no evidence to use in a court of law. The Maryland Judicial Department is an act of Treason against the United States and every law enforcement officer that uses an Administrative Warrant to investigate a home for a criminal matter is committing treason against the United States. The entire criminal procedure involving CDS and the legalization of the police breaking any and all laws to obtain a conviction makes every CDS conviction in this States an act of treason. Furthermore, we are guaranteed by the Maryland Constitution under Article 18 of the Declaration of Rights that no law can be made that attaints felony or treason since 1867. There are a lot of laws that do attaint felony and these are all acts of treason to the Maryland Constitution as well. So, just stop while you’re ahead. If the law is a felony and it was enacted after 1867, it isn’t a law at all. It is an act of intrinsic fraud, violation of oath, breach of contract, Conspiracy against the US and Maryland Constitutions and an act of treason against the US and Maryland Constitutions. End of discussion.
Tag Team says
There might be a possibility on that, about the name, and if you read what * he stated and I wrote that I agreed with him, that it was Deputies and town officers involved in the incident. Yes it happened and just outside Fargo, in Cass County I believe. The true facts and entire scenario is published in a training reference manual, and confidential in nature. Not every call for service or OIS is published on the net, and ever hear of sealed investigations, or gag orders? Yeah they had them back then , and I’m not an expert on ND Police PIO regulations , but I’m sure there was a reason it was not plastered all over the net. There is more to research than Google. BTW You’re such a tough guy and sure some EDP would not get a jump on you? You’re right, not behind the safety of your keyboard questioning the real deal.
Bottom line you were wrong once again, mushroom caper as the guy said above, and now your silly ass comments about APD. I just don’t know why you’re not leading this great nation of ours as you’re so damn perfect and know everything.
I would say I feel bad for you, but I don’t you don’t care and you bring a lot on yourself. Your problem, not mine. You enjoy your miserable existence spreading your hate and crap, afforded to you under the Constitution and all those illegal codes and treason and whatever other crap you come up with. So whoop that is it.