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LAPD Officer Sues Glock

Discussion in 'Uncategorized Threads' started by Yosemite Sam, Jul 10, 2008.

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  1. Yosemite Sam

    Yosemite Sam TS Member

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    <a href=http://www.ocregister.com/articles/gun-lawsuit-alleges-2089579-chavez-shot?orderby=TimeStampDescending&showRecommendedOnly=0&oncommentsPage=15#slComments>Link to OC Register Article</a>


    Thursday, July 10, 2008
    LAPD officer shot by his son sues gun maker
    Lawsuit alleges gun has inadequate safety provisions.
    By ERIC NEFF
    THE ORANGE COUNTY REGISTER
    Comments 174| Recommend 9

    A retired Los Angeles police officer paralyzed when his 3-year-old son fired his father's handgun while riding in the family pickup in Anaheim two years ago filed a lawsuit Wednesday against the gun's manufacturer.

    Enrique Chavez, 37, of Anaheim, was off-duty when he was shot on July 11, 2006, while driving his Ford Ranger near Harbor Boulevard and La Palma Avenue. His son got a hold of his father's .45-caliber weapon while sitting in the back seat and shot him in the back, according to police reports. The son was not restrained in a safety seat.

    The lawsuit alleges that Glock Inc.'s gun was dangerous because its safety device was "nonexistent or ineffective" at preventing an accidental shot.

    Chavez, a 10-year veteran of the LAPD, is also suing the manufacturer of the gun holster and the retail stores that sold him the gun and holster. He bought the gun at the Los Angeles Police Revolver and Athletic Club and purchased a holster made by Uncle Mike's and Bushnell Outdoor Products from Turner's Outdoorsman.

    The lawsuit alleges the defendants knew the safety device was defective and that 5.5 pounds of pressure on the trigger frequently results in accidental discharges. The lawsuit alleges product liability, breach of warranty and loss of consortium and seeks general, special and punitive damages and attorney fees.

    A Glock spokesperson declined to comment, saying that the company has not yet seen or heard of the complaint.

    Chavez was left paralyzed from the waist down.
     
  2. Shooting Coach

    Shooting Coach Banned User Banned

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    This candidate for the Darwin award is just shaking the money tree.

    This injury occurred while he was committing several unlawful acts. Allowing his child to ride in his vehicle without being in a child safety seat is a violation of law, which can be directly attributed to this happening. Also, failing to secure a firearm in the immediate vicinity of a small child probably violated numerous California laws.

    This does not sound like a duty rig, but a range holster.

    I keep telling folks, pinning a badge on a stupid person does NOT make him smart.
     
  3. Brian in Oregon

    Brian in Oregon Well-Known Member

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    What a dumbass. The fault is 100% his - he failed to maintain supervisory control over the firearm and allowed it to fall into the hands of a child. And it's interesting how little he cares for safety when his 3-year old is not even in a car seat.
     
  4. omgb

    omgb Well-Known Member

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    This is another case of the idiot lottery. They guy is now a parapalegiec. So now as a result of his own actions he's as numb below the waist as he was between the ears. Sadly, his son has to grow up with the memory of what happened. I'd give this guy Bupkis
     
  5. gun fitter

    gun fitter TS Member

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    He should probably sue the LAPD for not teaching him not to leave a loaded firearm within reach of his son. I wonder if his son carries any civle liability in this case. In my state it is a fellony to leave a loaded firearm within reach of an unsuprevised minor I wonder how many laws he broke.

    I feel for the officer and his loss but it's his own fault.
    Joe goldberg
     
  6. BIGDON

    BIGDON Well-Known Member

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    It is another case of someone having a dumbass attack and wanting to make it someone else's fault.

    Don
     
  7. shadow

    shadow Active Member

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    Hummm. A firearm designed for carry purposes with no effective safety left in the vicinity of a 3 year old child.

    Sounds to me like both the father and Glock engineers are lacking in the common sense department.
     
  8. Ohio Bob

    Ohio Bob Member

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    Shadow, obviously you have no clue. The only difference between you and the cop is you weren't shot by your 3 year old. Moron.

    OB
     
  9. perazzitms

    perazzitms TS Member

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    But he's a cop - rules only apply to everybody else.
     
  10. CalvinMD

    CalvinMD Well-Known Member

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    Shadow made a fair point...both the cop and Glock should have seen it coming...I've never purchased a Glock just because of the fact that its design lacks a positive visually verifiable safety mechanism...even if its a feel good thing, it would sure make me more comfortable
     
  11. nipper

    nipper TS Member

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    i blame the parent but let us not forget it is california,where a dumbass already won millions for hot coffee burns.

    it is never a parents fualt,we must blame someone else

    bill
     
  12. Ohio Bob

    Ohio Bob Member

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    The Glock may be ugly but it has a proven record. It is a DA gun, 5.5 Lbs trigger pull and the firing mechanism that is locked until the trigger is pulled. To get it to fire you must pull thru the trigger and then release to fire again. That is why it is a good carry gun. There are several similar firearms out there.

    CalvinMD, I have never purchased a Glock either, only because I think they are ugly. Maybe the holster, ammo, car and gas companies should have seen it coming. Maybe we should require and IQ test to buy a gun, holster, ammo or car.

    Take responsability for yourself and your actions.

    OB
     
  13. pyrdek

    pyrdek Well-Known Member

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    Let's examine some of the things in this story.

    >>A retired Los Angeles police officer paralyzed when his 3-year-old son

    So the cop is already retired! He has a three year old son. Means he either retired quite young, maybe in his forties? or he is a real second generation father. The story later indicates that he was a ten-year veteran of the PD so I would presume he is in his thirties or forties. What is the retirement policy from what ever department he worked for? The story says he was shot in Anaheim and he lived in Anaheim but it does NOT say that he retired from the Anaheim Police Department but rather the Los Angles department. Or is it that he is NOW retired but was still on active duty when he was shot? If that is the case wouldn't any payments he get first have to be used to compensate the employer and/or the insurance company for what they already paid him? Could the department lawyers be pushing for this lawsuit? Later in the story it indicates that he was still employed as a cop at the time of the shooting.


    > fired his father's handgun while riding in the family pickup in Anaheim two years ago filed a lawsuit Wednesday against the gun's manufacturer.

    Okay, it took two years for the lawsuit to be filed. What kind of dealings were there regarding settlements during this period?

    >Enrique Chavez, 37, of Anaheim, was off-duty when he was shot on July 11, 2006, while driving his Ford Ranger near Harbor Boulevard and La Palma Avenue. His son got a hold of his father's .45-caliber weapon while sitting in the back seat and shot him in the back, according to police reports. The son was not restrained in a safety seat.

    If the kid was sitting in the back seat, how could he reach the gun if the gun was the holster as specified in the suit? Just how long WERE this kids arms? Or, since he was not restrained in a car seat, could we presume that he was NOT sitting in the regular seat even? Even so, given him standing up, how would he reach a gun that was, supposedly, in a holster on the fathers body somewhere? If he grabbed it from the holster somehow (????) didn't the father even notice the kid tugging on his holster/gun???

    There is no mention that the bullet went through the rear of the front seat or that the vehicle was in motion at the time. If it was in motion, could it have crashed into something and that also contributed to the paralysis? If it wasn't moving, could the father have been doing something in or with the back seat?

    >Chavez, a 10-year veteran of the LAPD, is also suing the manufacturer of the gun holster and the retail stores that sold him the gun and holster.

    Why would he not include the auto manufacturer for not putting in an automatic child "puter in car seat" device? Makes about as much sense as suing the store that HE chose to buy the holster and gun from. Also since he is including the store that sold the gun, I would have to assume that this was NOT a department issued firearm. Has any work been done on the firearm AFTER purchase to lighten up the trigger? The Glocks I have tried, admittedly not very many, seemed to have a rather heavy trigger pull. Is it possible that this thing was already cocked on a live round? Is the particular firearm Double Action only or SA/DA?

    >The lawsuit alleges the defendants knew the safety device was defective and that 5.5 pounds of pressure on the trigger frequently results in accidental discharges.

    It doesn't seem to me to be an ACCIDENTAL discharge when you pull the trigger and the gun fires. NEGLIGENT DISCHARGE is more the cause.

    Give the questions so far I am forming a rather different scenario of what happened. My guess is:

    The kid was not in a car seat and was free to roam the car.
    The father may have left the gun in the back seat, under the seat, on the floor, in the console between the front seats (if there was one) or in some place OTHER than in the holster as seems to be indicated but not specifically stated in the story? And the kid COULD see and reach the firearm.
    If the father saw that the kid grabbed the gun, or felt the tug on his body somewhere, what did he do? Did he try to grab the gun and take it away from the kid by pulling on it? Was the bullet a direct hit to the father of was it a ricochet or shrapnel piece that caused the injury? No mention of powder residue to indicate that the kid ACTUALLY was holding the gun when it fired. Where were the powder burns?

    I could go on but already the stench of rotting fish from this story has already penetrated clear across the country!
     
  14. BDodd

    BDodd TS Member

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    The Glock needs an external safety just like the ones on DA revolvers....NOT!......Bob Dodd
     
  15. omgb

    omgb Well-Known Member

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    He's retired because of his injury. He was active duty until that time. The child was not restrained properly in a car seat. That's how he got to the gun. The gun was in its holster, LAPD approved, and in plain sight in the back seat. The child picked up the gun and fired one round through the back seat of the truck striking the guy in the lower spine. Instant paraplegia. The officer was violating several department guidelines and state laws at the time of the accident.

    My daughter is LAPD. Very few LAPD personnel live in LA. Most live in the surrounding burbs. LA is a sewer, filled with gangs, drugs, prostitutes, smog, noise and illegals. Living there would be like never getting away from work.

    IMHO, the cop was an idiot. Now he's a wheeled idiot. He deserves zip, including a disability pension...which he now has.
     
  16. Dickgshot

    Dickgshot Well-Known Member

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    The Glock has a safety. It's called: "don't have a round in the chamber."
     
  17. Chango2

    Chango2 Active Member

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    I better get rid of a couple of revolvers I have; I can't find the safety on either..
     
  18. slide action

    slide action Well-Known Member

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    The Glock IS NOT a safe weapon to carry with a loaded rd. in the Chamber. It has no external safety and I wouldn't want one. I'm a wheel gun man and beleive them to be far superior in safety to ANY semi-auto, but the Glock is NEVER safe to carry with a chambered hot round unless it is strapped down and even then I would be leary of it.. That being said, the guy was a fool to leave it in easy reach of a small child! I feel sorry for the LEO, but good heavens! What was he thinking! By the way Ohio Bob, I have known Shadow for a long time and can assure you he is NO moron! He is a Vietnam Vet, a true gentelman and a darned good trap shooter. I would be carful hurling insults at people that you know nothing about know more than you think they do!
     
  19. W.P.T.

    W.P.T. TS Member

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    This guy reminds me of the DEA agent who was giving a talk on gun safety that was a movie on the internet about a year or so ago ... He had a Glock 40 he was showing and in an attenpt to empty the chamber he shot himself in the foot and then proceeded to want to continue with his demonstration as he hopped around on one foot with a AK-47 ... The people in the room just wanted to get the hell out any way they could before he showed them how to empty that one also ... This guy obviously is trying to get an early out or already has according to his age, time on the job, etc ... God works in mysterious ways, he wanted to be pensioned out and now he has a reason to be ... Sad but true ... WPT ... (YAC) ...
     
  20. Gold E

    Gold E TS Member

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    I normally stay out of these episodes but can’t help but point out the fact that DA wheel guns have no external safety AND have a round in the chamber; just like a number of the newer DA semi-autos. Pull the trigger and both make a big noise. I enjoy shooting both; recognizing the characteristics and safety procedures unique to each.

    I certainly don’t wish disability on anyone but this guy is a complete idiot and LAPD is better off without him. I hope that a judge turns this back on him for being so careless.
     
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