A rare victory for citizens

[Chairboy]

Judge says citizen had every right to resist:
Homeowner freed after beating up cops

by Todd Ruger, Sarasota [FL] Herald-Tribune March 14, 2007

SARASOTA -- John Coffin won't spend any more time in jail for beating up two sheriff's deputies inside his house, striking one in the head with a Taser gun he took from the other.

Circuit Judge Rick De Furia said at Coffin's trial Tuesday that he doesn't condone the violence against the deputies.

But Coffin, 56, had a right to defend his family and property because the deputies had no right to be in Coffin's house in the first place, De Furia said.

"Law enforcement was responsible for the chain of events here," De Furia said. "I think in situations like this, officers become so frustrated they go beyond what the law allows them to do."

The fight started when Coffin heard his wife screaming in pain, went into the garage and saw two deputies arresting her on the floor.


The deputies were trying to serve
Coffin with civil papers that had been given five days earlier. They had entered the garage even though they did not have a search warrant or arrest warrant.

And they arrested Coffin's wife, Cynthia, 50, on obstruction charges even though she had no obligation to follow their orders to bring her husband outside.

"The most critical is the fact the officers broke the law by stopping the garage door from going down," and then entering the garage, De Furia said.

A jury was picked for the trial Monday. But the judge granted a motion by Coffin's attorneys, Derek Byrd and Brett McIntosh, and acquitted John Coffin on five of six felony charges Tuesday morning.

Coffin pleaded no contest to the remaining charge of taking a Taser gun from one of the deputies during the fight.

Before handing down the sentence, De Furia asked how long Coffin spent in jail after his initial arrest.

"You spent eight days in the Sarasota County jail," De Furia said. "That's your sentence. No probation."

Relatives applauded, and Coffin walked out of the courthouse with only a $358 bill for court costs. The sentence surprised even defense attorneys, who had suggested De Furia sentence Coffin to probation.

Prosecutors had asked for more than a year of prison time because of "the totality of the case" and the injuries to deputies James Lutz and Stacy Ferris, whose name is now Stacy Brandau.

The two deputies testified about their injuries Tuesday -- three blows to the head with the butt of the Taser gun knocked Lutz unconscious.

"I just ask that he doesn't get away with this," Brandau told the judge.

Assistant State Attorney Jeff Young told the judge the case "could have been over in five seconds" if the Coffins "had simply come out and cooperated."

"That is a man who took it upon himself to beat up two police officers," Young said.

De Furia said that while he believed the deputies' mistakes were not intentional, the Coffins had every right to lock doors, try to close their garage door and not cooperate.

"What took place in the house was unfortunate," De Furia said, "but Mr. Coffin ... had a right to resist."

Excellent!  Old story, but just saw it.

[lasersailor184]

What he meant to say was

Assistant State Attorney Jeff Young told the judge the case "could have been over in five seconds" if the Coffins "had simply come out and submitted."

[Chairboy]

So, constitutional violations are ok if the victim is a criminal?

[DREDIOCK]

Given the same circumstances I would have done the same thing.

Reguardless of circumstances.
If anyone ever tries to use a tazer on me. I have one word of advice.
Dont miss.
The life you save may be your own.

[REP0MAN]

Originally posted by Chairboy
So, constitutional violations are ok if the victim is a criminal?

The deputies were trying to serve civil papers.......snip

Civil and Criminal are two VERY different things.

[Elfie]

Score one for the citizens!

[Rolex]

Too bad it's just a drop against the "enforcer class" of society that is out of control.

For example...

[Masherbrum]

Originally posted by DREDIOCK
Given the same circumstances I would have done the same thing.

Reguardless of circumstances.
If anyone ever tries to use a tazer on me. I have one word of advice.
Dont miss.
The life you save may be your own.

Word.

[Flatbar]

Originally posted by Rolex
Too bad it's just a drop against the "enforcer class" of society that is out of control.

For example...

The Deputies in that story were just enforcing the law. The zero tolerance laws regarding weapons in schools can be changed through the legeslative process. Stupid as some of the laws may be, blaming those Deputies for those laws is placing blame on the wrong people.

Where would you draw the line regarding knives in school? 2", 3", 6" or just when they are used to threaten a kids life with? What if that threat wasn't dealt with in time?

Zero tolerance in school has it's good points, as well as bad ones. IMO.

[Jackal1]

Eight days in jail, a strike on his record for taking the tazer, and court costs
Doesn`t seem like much of a victory to me considering the cops had no right to be where they were to begin with.

[AKIron]

Sounds like he has a civil case of his own. Don't know how old this is but I'd be interested to know if he pressed it.

Noticed it was in March '07, if he hasn't filed suit against the local government he's foolish imo.

[MrRiplEy[H]]

Originally posted by DREDIOCK
Given the same circumstances I would have done the same thing.

Reguardless of circumstances.
If anyone ever tries to use a tazer on me. I have one word of advice.
Dont miss.
The life you save may be your own.

Could you clarify this more, you're saying that if a police officer tries to tazer you, you'll kill him?

[FrodeMk3]

Originally posted by Flatbar
The Deputies in that story were just enforcing the law. The zero tolerance laws regarding weapons in schools can be changed through the legeslative process. Stupid as some of the laws may be, blaming those Deputies for those laws is placing blame on the wrong people.

Where would you draw the line regarding knives in school? 2", 3", 6" or just when they are used to threaten a kids life with? What if that threat wasn't dealt with in time?

Zero tolerance in school has it's good points, as well as bad ones. IMO.

Flatbar, the problem is, is that Politically Correct over-zealous, over-protection of children in school is undoing itself. If a child decides that they wish to take the day off of school, all he has to do is walk up to another child and either push them, or use a racial or ethnic slur, and Bingo, a day off! Schools don't do what they used to; where you got sent to a detention, or had to write a bazillion sentences on a chalkboard, or had to spend the day in a desk in the principles' office. There is actually an incentive to do mayhem with the current system.

[2Slow]

Originally posted by Flatbar
The Deputies in that story were just enforcing the law. The zero tolerance laws regarding weapons in schools can be changed through the legeslative process. Stupid as some of the laws may be, blaming those Deputies for those laws is placing blame on the wrong people.

Where would you draw the line regarding knives in school? 2", 3", 6" or just when they are used to threaten a kids life with? What if that threat wasn't dealt with in time?

Zero tolerance in school has it's good points, as well as bad ones. IMO.

The Deputies were not "enforcing the law."  They were trying to serve civil papers.  In the process they unlawfully entered/trespassed on private property with out legal warrant.  IMO, they got what they deserved and less than what I would have rendered them in the same situation.

Knives in school?  When I was a young child my proudest possession was a Cub Scout pocket knife.  I carried it to school and showed it to my friends.  I did not fold the blade out.  Common sense, school rules, and instructions from my parents forbade doing so.  Heck, these days if the children want to play cops and robbers, point a finger and say bang, they are expelled.

[2Slow]

Originally posted by MrRiplEy[H]
Could you clarify this more, you're saying that if a police officer tries to tazer you, you'll kill him?

I have a medical condition in which a tazering would most likely be fatal.  Do the math.