Tuesday, November 27, 2007

Frivilous Lawsuit!

What a crock, her no good son shoots one officer and later tries to shoot several others before he is shot and killed and now she feels they used exessive force? Maybe they should have just let him run away so he could try to kill someone else or so he could have more time before the next shootout to better arm himself so he could kill more cops. Her attorney should be disbarred for even bringing this suit to the court, 3 separate investigations by The Lancaster County DA, The State of PA, and the Dept of Justice all ruled the shooting justifiable yet she feels it's her turn at a huge payout because she raised a son who was scumbag!


http://local.lancasteronline.com/4/212940

Mom sues over shootout death
Son killed in November 2005 gunfight with police. Federal lawsuit claims authorities used "excessive and unjustified deadly force."

By TOM MURSE, Staff
Lancaster New Era

Published: Nov 27, 2007 11:49 AM EST
LANCASTER COUNTY, Pa. - The mother of a 23-year-old Lititz man shot and killed by law-enforcement officers in a November 2005 gun battle has filed a federal lawsuit claiming the police used "excessive and unjustified deadly force."

Sandra Faust, of Reno, Nev., also claims in the suit that she has suffered financial damages and "severe emotional distress/mental anguish" following what she alleges was the wrongful death of her son, Daniel. And she claims police "intentionally slandered" her son, after his death, by linking him to a June 2005
shooting near a Taco Bell on Lincoln Highway East. She is seeking in excess of $150,000 on each of eight counts against 19 separate defendants.

Faust was shot and killed in a southern Lancaster County farm field shortly before noon on Nov. 8, 2005. He had fled to the farm after
shooting a Lititz police officer who tried to arrest him at home on outstanding warrants for resisting arrest and fleeing and eluding a police officer.

The officer, Jevon Miller, was shot in his right armpit after confronting Faust in his driveway at 63 Heron Road. The wound was so serious, and so close to his spine, the surgeon who operated on Miller chose not to remove the bullet. The officer returned to duty only four months later.

Three subsequent investigations
- conducted by the district attorney, the U.S. Department of Justice and the Pennsylvania State Police - found law enforcement officers were justified in shooting Faust.

And in a later search of Faust's home, police recovered a shotgun, two rifles, several rounds of ammunition and a journal, according to the district attorney's report.

"In that journal, Faust identified a number of 'things to do before I die.' Those objectives included 'shoot up a car,' 'kill a man' and 'get shot,'" Totaro wrote in the report.

This morning, Totaro restated that law enforcement officers were justified in using deadly force.

"The evidence very clearly established that Daniel Faust shot one police officer and was pointing a gun at other officers when those officers discharged their weapons," Totaro said.

"Mr. Faust did not respond to police authority and presented a grave risk of death or serious bodily injury to the lives of others," Totaro said. "Under the law, police were justified in their use of deadly force, and I am confident the county will vigorously contest this frivolous
lawsuit."

"There are so many questions about this case that have the family disturbed, and that's why they went forward on this case," said Mrs. Faust's attorney, Philip J. Berg, of Lafayette Hill. He said the $150,000 is an amount that guarantees the case will be heard at the federal level.

"We're seeking in excess of that. But no amount of money can compensate for the loss of a loved one," he said.

Mrs. Faust filed the suit Nov. 7 in U.S.
District Court in Philadelphia. She is the court-appointed administrator of her son's estate. Among the 19 defendants are eight law-enforcement officers - including Miller - five police agencies, four municipalities and Totaro and his office.

Specifically named as defendants are Lancaster City and its police department; the
Pennsylvania State Police; Warwick Township and its police department; Lititz Borough and its police department; the West Lampeter Township Police Department; Lititz police officers Miller and Stephen Detz; Warwick Township Officer David Burdis; state police Cpl. Joseph Christaldi; state police Trooper Ariel Torres; Deputy U.S. Marshal Alan Stifler; now-retired Lancaster city police Detective Thomas Kiss; and West Lampeter Township police Detective Jere Schuler.

Miller, Detz and Burdis, dressed in plain clothes, surrounded Faust's truck when he pulled into his driveway around 12:45 a.m. Nov. 8. They ordered Faust out of the vehicle and told him he was under arrest, but Faust remained in his truck and locked the doors.

The officers told Faust if he did not comply, they would break a window. Faust still refused to comply, according to Totaro's findings.

"Miller struck the driver window with his ... baton, and as he was clearing the broken glass from the edges of the window, he observed a muzzle flash and heard a popping noise," the report says. "Miller then felt a stinging sensation in his arm and under his armpit. At that moment, he realized he had been shot and saw he was bleeding."

Faust fled, prompting a massive manhunt. Shortly before 11 a.m., police received a tip that Faust was hiding at 1211 Penny Road in Drumore Township. Lancaster city police Detective Kiss and Deputy U.S. Marshal Stifler arrived and staked out the residence.

State police Cpl. Christaldi and state police Trooper Torres saw Faust emerge from a patch of tall grass with a revolver in his hand, the report says. Faust ran, and Christaldi got out of the cruiser and ran after him while Torres pursued Faust in the cruiser.

"Faust then stopped running, turned towards Christaldi, and pointed his weapon in Christaldi's direction. Torres exited his car and gave Faust a number of verbal commands to drop his weapon. Faust refused to do so," Totaro's report reads.

"As Faust was pointing his gun at officers in an attempt to get a shot at them, Torres heard shots being fired by Christaldi. Torres did not know whether Faust fired a shot. However, Torres did recall that when he went to his cruiser for a shotgun, he heard a gunshot that was distinctly different from the others. He then saw Stifler fire a number of shots at Faust. Once Faust dropped his weapon, Torres ran up and kicked the gun away."

An analysis showed that Faust fired two shots. An autopsy found Faust had been struck by five bullets
- all front to back, meaning Faust was facing the guns that were fired at him.

Six months after Faust's death, police in West Lampeter Township said he was responsible for the
shooting of a 2-year-old boy, Pedro Melendez Jr., in June 2005 near a Taco Bell restaurant.

"If Dan Faust was alive today, I would be charging him," Detective
Jere Schuler told the Intelligencer Journal. "He has been identified as the shooter."

Mrs. Faust disputed the allegations, saying her son was at home the night of the child's
shooting. In her suit, she noted that her son never confessed to the crime and claims police haven't linked the bullet exclusively to her son's weapon.

Thursday, November 22, 2007

Thanksgiving 2007



Vicki & I attended the Boscov's Thanksgiving Day parade in Philadelphia today. The weather was wondeful with temps in the high 50's to low 60's and plenty of sunshine so it was a perfect day for a parade. This was a change as other years it's been very cold or rainy or both. It was a great day and the only thing that could have made it better was if the few officers from Phila PD had done their jobs w/out racism. We arrived an hour before the parade started so we could get a good seat where Vicki could sit in her wheel chair and still see. It was a great spot and there were others sitting there as well. Once the parade started a few people moved in front of us but the one officer moved them away. Then the officers shifted and another officer moved down to our area. She wasn't paying much attention and more people moved in, so we all moved forward, she and another officer moved us all back and moved a few people so we could see. This went on and as long as white people tried to stand there they were moved but if anyone black stood or sat in the way it was fine. We politely asked them to move then asked her but she did nothing about it. So hopefully she will enjoy the investigation when the complaints are filed against her this week by several people. But we will not let this ruin our holiday.

Today we give thanks for many things, for friends, family, our health, our country, or whatever may be important to us. I am thankful for my family being with me this day, for the wonderful food we will eat, and for the freedom to enjoy it all. I am very thankful that my wife is still here with us, and that my family is in the area this year. What are you thankful for?







Monday, November 19, 2007

Auction Licenses for Ebay?

Once again Big Brother steps on the little guy. PA now wants anyone who sells things for others on ebay to get an Auctioneers License from the state! Their next deal will probably have the state police spending hours scouring ebay for PA based sellers and checking for business licenses! What a joke this is! PA needs to join the 21st century!




Check It Out!

Sunday, November 11, 2007

Veteran's Day 2007

Today, November 11th 2007 is Veteran’s day, a day which seems to mean so little to so many in this country. To most it’s another holiday where the banks are closed and the kids are off from school. To some it’s a chance to pickup bargains at the local big box store or mall. To those of us who have served and our families and close friends it’s another day all together. Veteran’s Day is a time to remember those who have served a greater cause than themselves, a grateful nation, and the freedom of those who seem to appreciate it the least.
This Veteran’s Day has a special meaning for me, having returned in May from a short deployment to Afghanistan I remember those who I served with and those who’s ramp ceremonies I attended. I was proud to honor those fallen warriors regardless of how hot it was on that concrete or how early in the morning it was. I was proud to serve amongst such great people.
So today, please take a moment to thank a Vet for the things that you enjoy, for your ability to decide if you want to go to work or not, for your ability to shop and buy most anything you wish, and for the very freedom that allows you to read this and me to write it without censorship or fear of being hauled off to some secret prison and tortured. The United States may not be a perfect utopia but it’s a whole hell of a sight better than many other places in this world.

Saturday, November 10, 2007

How It's Made

This is a really cool video on how a leather fire helmet is made.