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2 News chopper collide

He can be charged with "Felony Murder" regarding the two helicopters. The two helicopters will have their own investigation and charges brought, but the man they chased will also have a separate charge. Basically the law says that if he was the result of the two helicopters being there in the first place while committing a felony, and they got into an accident, he can be charged with murder.

Here is Arizona state law regarding it:
http://www.supreme.state.az.us/courtserv/CrtProj/capsentguid/page32b.htm
 
millerjd said:
He can be charged with "Felony Murder" regarding the two helicopters. The two helicopters will have their own investigation and charges brought, but the man they chased will also have a separate charge. Basically the law says that if he was the result of the two helicopters being there in the first place while committing a felony, and they got into an accident, he can be charged with murder.

Here is Arizona state law regarding it:
http://www.supreme.state.az.us/courtserv/CrtProj/capsentguid/page32b.htm
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Your link points to "lack of intent as a mitigating factor in capital cases" - not exactly what we're talking about. From perusing the AZ case law, it would seem that the state will have to demonstrate that "a defendant acts with the knowledge that his behavior is substantially likely to cause a result." Whether that standard will be evaluated and ruled upon by a judge or jury remains to be seen.

Brett
 
Brett327 said:
Your link points to "lack of intent as a mitigating factor in capital cases" - not exactly what we're talking about. From perusing the AZ case law, it would seem that the state will have to demonstrate that "a defendant acts with the knowledge that his behavior is substantially likely to cause a result." Whether that standard will be evaluated and ruled upon by a judge or jury remains to be seen.

Brett
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My understanding of law and it's terminology is quite limited, but it is well known on the news that he will be tried in court for it. We'll see what happens.
 
millerjd said:
My understanding of law and it's terminology is quite limited, but it is well known on the news that he will be tried in court for it. We'll see what happens.
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Actually, that is false. The perp has not been charged WRT the deaths of the helo pilots. The Maricopa Co. DA is holding off on that determination pending the results of the ongoing investigation into the mishap by PPD and the NTSB. My guess is that if pilot error is determined to be the cause of the mishap (almost a foregone conclusion w/ a VMC midair w/ no associated aircraft issues), they will not charge the perp under the aforementioned statute.

Brett
 
xnvyflyer said:
I can only speak on the San Diego ENG helicopters. We chat with those guys on 122.775 VHF, their common freq. Believe it or not, at least when we are involved in a chase (or any high profile incident) with more than one media helicopter, there may only be vertical separation between the law enforcement helicopter and the boondoggle of media helicopters (same altitude). It seems nutz but it's as if they just take their spot on merry-go-round. Thankfully, there aren't as many ENG helicopters as in Los Angeles where a traffic pursuit may have as many as 8-10 ENG helicopters in trail. They do keep comms flowing freely.

We usually take 500 feet and below and the media guys 1000 and above, sometimes higher because they can still get great shots with the high zoom cameras they have. It can all be worked out over the radio and we do have a great working relationship with them in San Diego.
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Any recourse if they ignore you / F it up?

Can you tell them to STFU so you can talk to your ground units?
 
Brett327 said:
Actually, that is false. The perp has not been charged WRT the deaths of the helo pilots. The Maricopa Co. DA is holding off on that determination pending the results of the ongoing investigation into the mishap by PPD and the NTSB. My guess is that if pilot error is determined to be the cause of the mishap (almost a foregone conclusion w/ a VMC midair w/ no associated aircraft issues), they will not charge the perp under the aforementioned statute.

Brett
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I can't find where the DA says that but the Phoenix Police Cheif thinks otherwise.

"I believe you will want to talk to investigators, but I think he will be held responsible for any of the deaths from this tragedy,"
 
millerjd said:
I can't find where the DA says that but the Phoenix Police Cheif thinks otherwise.

"I believe you will want to talk to investigators, but I think he will be held responsible for any of the deaths from this tragedy,"
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It's in all kinds of "news" stories around Phoenix. At the end of the day, the police chief has no say, just a recommendation.

Brett
 
skidkid said:
Any recourse if they ignore you / F it up?

Can you tell them to STFU so you can talk to your ground units?
Click to expand...

Yes, they could always be charged with 148 PC (Interfering/obstructing a peace officer in the performance of his duties). I haven't seen it happen yet but that may be due to the fact that we work well with the media helicopters in San Diego. I have heard of other agencies having to break-off a pursuit due to the media guys crowding them.

As far as the comms, the pilot would talk to ATC and the media helos, the tactical officer would be the one talking to the ground units. But I guess you could tell them to STFU if you wanted to. Or, just turn them off.
 
xnvyflyer said:
Yes, they could always be charged with 148 PC (Interfering/obstructing a peace officer in the performance of his duties). I haven't seen it happen yet but that may be due to the fact that we work well with the media helicopters in San Diego. I have heard of other agencies having to break-off a pursuit due to the media guys crowding them.

As far as the comms, the pilot would talk to ATC and the media helos, the tactical officer would be the one talking to the ground units. But I guess you could tell them to STFU if you wanted to. Or, just turn them off.
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Is your tactical guy another pilot or an NFO-like crewmember?

Brett
 
Brett327 said:
Is your tactical guy another pilot or an NFO-like crewmember?

Brett
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It will most likely vary every time we have a shift change which is every 4-5 months. Guys may want to switch from nights to days for example or change to different days off.

Right now I am training 2 new guys to be TFOs (tactical flight officers) so they have a long way to go before being pilots. After the next shift change I might be partnered with another pilot in which case we will alternate flying days.

The short answer, right now, my partners aren't pilots.

Scott
 
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