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KingCast presents Plummer v. State, 135 Ind. 308 (1893) with respect to Liko Kenney, Bruce McKay and Brendlin v. State, 127 S. Ct. 2400 (2007).

By Christopher King

Read the comments for the description of what happened and you will see its very familiar to Franconia. Plummer is an old case that is not directly on point but which certainly provides referential authority for the proposition that Liko Kenney should have received a Jury Trial and not a summary execution by Gregory W. Floyd, when Floyd started shooting at Liko before Liko struck Bruce McKay with his Toyota. Basically a Marshall, Dorn, struck Plummer with a billy club and never said what his intentions were in so doing. Just as with this case, some LE maintained that he was trying to take Plummer into custody but the record did not support such post hoc assertion.

This ties in with the FACT that Bruce McKay never gave Liko Kenney a directive when he violated pursuit policy on at least three levels, and the OC Spray Policy on at least three levels as well. The Plummer "arrest" was unlawul just as Bruce McKay's "arrest" of Liko Kenney was unlawful and Unconstitutional. Links later I've got a lawn to mow.

HN4 When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel force by force, and if, in the reasonable exercise of his right of self-defense, his assailant is killed, he is justifiable. These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.

There is no direct evidence as to what Dorn, the marshal, was intending [*312] to do with Plummer, but the theory of the State is that he was intending and attempting to arrest Plummer without a warrant for his several acts, in pointing his revolver at Elliott and Conklin, and for carrying such revolver with the intent or avowed purpose of injuring his fellowman. Dorn did not inform Plummer that he desired or intended to arrest him.

So Liko was with some fault but still was allowed by the town's own police policies to retreat home as proved through the litigation and release of the policies. So McKay never gave Liko any warning and neither did Floyd. Just executed the young lad.

PS: This is Brendlin v. State as noted in the Bruce McKay legacy post, and we've already addressed the right to resist an unlawful arrest in State v. Sansalone, 71 Ohio App.3d 284 (1991).

PPS: We're about to get deep into the Tourist Industry next because it's obvious the State only cares about issues of the wallet.

Full post as published by Chris King's 1st Amendment Page on May 20, 2008 (boomark / email).