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Attorney John Burris released a video showing the shooting of Ernest Duenez Jr. by Manteca PD Officer John Moody on December 12, a day after the San Joaquin District Attorney's Office cleared Moody of any wrongdoing in the June 2011 incident.
According to the District Attorney's report, Duenez, who was being sought for a parole violation and anearlier domestic disturbance call, brandished a knife as he exited a truck despite orders not to move. Moody fired 13 rounds in 4.2 seconds, striking Duenez several times. Duenez's wife can be seen coming out of the house and screaming after her husband is shot.
Burris believes that Duenez, who was caught in the truck's seatbelt, was not holding any weapons or moving aggressively. He has asked the U.S. Justice Department to look into the case and to file murder charges against Moody.
DA's Report on the case here:
http://www.mantecabulletin.com/section/1/article/60931/
By: sakb
In: Regional News, Other
Tags: california, police, shooting, fatal, dash, cam, manteca,
Location: Manteca, California, United States (load item map)
Marked as: approved, featured
Views: 94409 | Comments: 1428 | Votes: 16 | Favorites: 7 | Shared: 2410 | Updates: 0 | Times used in channels: 2
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So if a cop thinks I'm "moving aggressively" he can empty a clip into me without any punishment? I feel so much safer.
Posted Dec-13-2012 ByMoore Slayer (2027.64) 
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@Moore Slayer The guy was a crackhead with a knife. Who made an offensive move at a cop pointing a weapon at him. If that sounds like the kind of shit that you'd do, then yes, be worried.
Posted Dec-13-2012 ByAnyOldIron (299.88) 
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@Moore Slayer yes...absolutely. That is why whenever you have to deal with a cop, you freeze with your hands showing, and follow directions with no mouthing off. That way, this shit isn't as likely to happen, especially if you are white.
Posted Dec-13-2012 ByCatEatDog (2631.90) 
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@AnyOldIron
He made no aggressive move
Posted Dec-13-2012 Byrecon721 (222.82) recon721 View Channel Send Message
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@AnyOldIron I am open to you explaining the offensive move, but I did not see that. To me, it looked like the guy got out of the truck after the cop told him to not move. That is not too aggressive, but I have seen enough videos where the guy getting out of the truck looking all innocent uses it as an opportunity to sucker the cop. That is the cops defense in a way. I bet the cop was following procedures and that is why he did not get charged.
Posted Dec-13-2012 ByCatEatDog (2631.90) 
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@recon721 I think cops get to say you are aggressive if you get out of a vehicle when they have told you not to do that. Not sure, but I think the theory might be the subject is undermining the cop's control of the situation, so the cop gets to kill the threat.
Posted Dec-13-2012 ByCatEatDog (2631.90) 
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Wow, it seems that many of the usually rational Liveleak commenters are on crack tonight (perhaps that's why they're sympathizing with this crack head with a knife.
The guy, who is clearly armed with a knife, jumps out of a vehicle frantically when the cop has repeatedly told him to put his hands up. The cop is less than 10 feet away. To all of the armchair cops commenting tonight: you do not understand how quickly a crazed lunatic with a weapon can cover that short distance. We're talking les More..
Posted Dec-13-2012 ByAnyOldIron (299.88) 
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@AnyOldIron I agree. It is so easy for people to pass judgement and jump to conclusions. It was a decision made in real time with an armed person not obeying orders.
Posted Dec-13-2012 ByDan Mortensen (250.10) 
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@AnyOldIron
You took the words...all of them...right out of my mouth!
Well said.
You speak with great wisdom. Others should learn from you.
Posted Dec-13-2012 Byskyhawk53 (905.18) 
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@AnyOldIron Who closed the distance between the officer and the threat?
Why didn't the officer put a few yards between him and the perp as to allow himself the crucial second or two and scan his peripheral?
This officer lacked the basic training expected in people who carry firearms.
Why didn't immediatly reload after 13 rounds fired?Don't know about you but he's setting himself up for a short battle if the family comes out armed.
basic shit or arm chair police work as you say.
In all of t More..
Posted Dec-13-2012 Byapathetic (230.10) 
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@apathetic There is nothing in that cop's actions to suggest that he lacks "basic training." Why didn't the officer put a few yards between him and the perp? Are you fucking nuts? The guy might have had a gun. And what use would a few extra yards be then? They are trained to approach the car screaming "hands up" with their guns drawn. If the perp tries any funny shit, then it's bye-bye. There are thousands of videos out there which show cops storming a car containing a suspec More..
Posted Dec-13-2012 ByAnyOldIron (299.88) 
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@AnyOldIron I've seen that same movie the officer talks about in the report where a person with a knife can cover 21 feet before the officer can draw and fire his weapon. It was timed with a stopwatch.
Posted Dec-13-2012 ByNV_Trucker (54.56) 
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When your target is writhing on the ground, it's time to stop shooting, officer.
Posted Dec-13-2012 ByMyNameIsMuddd (339.10) 
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@MyNameIsMuddd with power comes abuse
Posted Dec-13-2012 ByJerseyD3vil (22.48) 
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@MyNameIsMuddd When you've just orgasmed in a girl, are you telling me you don't continue to fuck for a few seconds? It's the same principle here, it felt good and he didn't want to stop.
Posted Dec-13-2012 ByHerbwise (29.90) 
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@MyNameIsMuddd couldnt agree more, Thats my biggest issue with this shooting.
Posted Dec-13-2012 Bynltaylor1s (60.50) 
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@MyNameIsMuddd My thoughts exactly. He should be guilty of something for still firing when the guy was on the ground.
Posted Dec-13-2012 Bylibra8 (20.84) 
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@MyNameIsMuddd
adrenaline's a hell of a drug.
Posted Dec-13-2012 ByGoodtimesallaround (26.80) 
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The most chilling parts about this video:
1. The "Get on the ground!" @ :40
2. The extra 10 fucking rounds when the guy was already down. Especially the last three.
3. The "shots fired, shots fired" like it's some video game and all hell is breaking loose. It's just you with the gun, psycho.
4. The woman's realization of her significant other passing.
This cop should rot in the pen. There are people doing serious time who haven't done anything compared to what that pi More..
Posted Dec-13-2012 Bydayumn (20.70) 
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@dayumn Uhh, when a cop has a gun pointed at you, you don't FLAIL and ignore them. Hi there! What's WRONG with you?
Posted Dec-13-2012 ByNothingButFlowers (0.30) 
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@NothingButFlowers Even if I were to FLAIL I wouldn't think that would be worthy of being blasted 13 times with a fucking hand cannon. When someone has a knife, you keep your distance. If they charge, then you can shoot. This guy didn't seem to make any dangerous moves, the officer never gave him a chance.
Posted Dec-13-2012 Bydayumn (20.70) 
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@NothingButFlowers
The cop appeared to have started to squeeze off simultaneously as he ordered this man to "Drop the knife"
Posted Dec-13-2012 ByHarve (184.20) 
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@dayumn
Exactly!
BTW, #3 is spot on. Comedic almost.
Posted Dec-13-2012 ByHarve (184.20) 
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What a country...you can get killed by police for not doing anything wrong. Seriously, during my 9 month visit in USA i was afraid 2 things:
1. being shot by some weirdo guy
2. being shot by police not doing something exactly what he ask for (becouse language barrier for ex.)
Too much weapon!!! I will say that again and again!!
Posted Dec-13-2012 ByBastian82 (31.50) 
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@Bastian82
Yup, that's what it is...
I think the problem is more the wrong guy for this job...
Over here
Posted Dec-13-2012 ByJayKo (1.60) 
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@Bastian82 No such thing as citizens having 'too much weapon' It is called BAD GUYS. The SWISS have a law saying you must own a weapon. They weren't occupied in WW2 either.
Posted Dec-13-2012 ByMrHeteroErectus (85.00) 
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@MrHeteroErectus Do you just make up shit about every subject matter you discuss? There's no law in Switzerland that requires the citizens to own guns. Moron.
Posted Dec-13-2012 ByTempleton (359.90) Templeton View Channel Send Message
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@MrHeteroErectus Don't compare the Swiss to the USA. Switzerland has more intelligent people.
Posted Dec-13-2012 ByAccelerator (132.10) 
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@MrHeteroErectus
Despite the fact there is no such law in Swiss, you have to remember that there is very other circumstances that people keeping guns at home. They are all soldiers at peace (more like US national guards) and they are not random guys. In US you can get a gun easily, beouse constitution gives a such rights. Thats stupid ihmo, as there are no regulations about mental ability, phisicall ability, and no criminal record ability to have a gun. You ends up with society where everybody More..
Posted Dec-13-2012 ByBastian82 (31.50) 
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Fucking trigger happy cop. You can clearly see that he got stuck in the seatbelt or something, I saw no weapon. And even if he had a knife as the cop said. Would you really need 13 rounds to stop a man with a knife ? That's just redicioulos..... And yes, the cop should be charged for what he did
Posted Dec-13-2012 Bynebulate (18.40) 
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@nebulate agree 13 rounds cops are to triggerhappy But yeah it is america they always do it big
Posted Dec-13-2012 Bysits (33.68) 
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@nebulate Whats wrong with 13 rounds? Does it make the bad guy TOO dead? More dead than 3-4 rounds? The bad guy didn't stop moving after the first few rounds. If he had a gun, he still could have pulled it and shot it before he died.
Posted Dec-13-2012 ByGunsmokeNC (139.50)

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@GunsmokeNC IF he had a gun?? So you think cops should just go a head and blast as many bullets as they can, if you get in the wrong side of the law? Because maybe you have a gun? And yes of course it's a huge difference between 3-4rounds and 13 rounds. It's a matter of life and death..
Posted Dec-13-2012 Bynebulate (18.40) 
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@nebulate The problem is, people watch the video more than once, and study it. Then they read the back ground story, then they make a judgment about what the cop should have done, or what THEY would have done. They cop didn't have this privilege. And it was HIS LIFE on the line.
Posted Dec-13-2012 ByGunsmokeNC (139.50)

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@GunsmokeNC Sorry, but I can not agree with you. I do not see how the life of the cop was threatened. The cop was trigger happy. He literally ran towards the suspect and started shooting...
Posted Dec-13-2012 Bynebulate (18.40) 
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Looks like murder to me.
Posted Dec-13-2012 ByAliasXR (87.70) 
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@AliasXR Dude had a knife!
Posted Dec-13-2012 Bymazawakhan (26.84) 
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@mazawakhan His back was to him and he shoots him twice in the back while hes on the ground at 35 sec looks like he shot him in the same place twice look at the blood on his shirt
Posted Dec-13-2012 Bylordpure (129.34) 
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@mazawakhan You see a knife ? I don't
Posted Dec-13-2012 ByOthman (286.64) 
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@mazawakhan i didn't see a knife.
Posted Dec-13-2012 Bymenolikey (446.88) menolikey View Channel Send Message
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@menolikey me either, as he gets out of the truck he puts one hand on the top of the door frame and one on the side of the roof. Did he have the knife in his teeth or something??? Where the fuck is it??? Sounds like someone could have been fabricating evidence.
Posted Dec-13-2012 ByAliasXR (87.70) 
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13 rounds in 4.2 seconds!!! the cop wasn't defending himself... he was shooting to kill !!!!
Posted Dec-13-2012 Bystarfish (42.30) starfish View Channel Send Message
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they shoot faster than they can think! land of freedom!
Posted Dec-13-2012 ByLukas (157.10) 
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If someone is pointing a gun at you and telling you not to move, then don't fucking move.
I'm sure a taser would have sufficed though.
And pretty traumatic for the wife :-/.
Posted Dec-13-2012 Byezwider (207.10) 
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@ezwider
Good point wtf happened to the taser they love using those things.
Posted Dec-13-2012 ByTestesTestes123 (153.70)

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@TestesTestes123 They probably got bored.
Posted Dec-13-2012 ByResidue (42.70) 
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If he had taken even two more steps toward me, I would have fired. But not at that point, he was barely out of the car and literally didn't have any time to react to the officers commands.
Posted Dec-13-2012 Byburntham113 (78.90) 
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He wasn't even facing the officer when the first shot was fired. And did anyone else notice he told him to "get on the ground" after he had emptied his entire pistol into the guys chest?
Posted Dec-13-2012 Byburntham113 (78.90) 
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@burntham113 My thoughts exactly. That cop was hyper aggressive. Almost as if he was acting out a scenario from training: "drop the gun now!" then immediately shoot.
Posted Dec-13-2012 ByShogunAssassin (257.22) 
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@burntham113
Shot in the back...this officer should be in jail and the judge that cleared him should be made to step down from the bench... Corruption is Rampant...
Posted Dec-13-2012 Byrecon721 (222.82) recon721 View Channel Send Message
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@ShogunAssassin I like it that people are not defending the cop on this thread.
Posted Dec-13-2012 ByCatEatDog (2631.90) 
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@CatEatDog rare for Liveleak. I guess that fat, neo-con, stick-up-his-ass, wife likely having an afair with a black man, STONYPONY must be asleep right now.
Posted Dec-13-2012 ByShogunAssassin (257.22) 
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get on the ground now! you fuckhead.. hes on the ground with 15 bullet holes in him.. trigger happy cops are deadly even if your
un armed. the cops a murderer plain and simple
Posted Dec-13-2012 Byfunksoulblues (118.10) 
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@funksoulblues you have no idea what you are talking about
Posted Dec-13-2012 BySaggyGrannyTits (28.70) 
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@SaggyGrannyTits your either blind or on crack
Posted Dec-16-2012 Byfunksoulblues (118.10) 
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@funksoulblues bath salts! Get it right you drunk aussie
Posted Dec-19-2012 BySaggyGrannyTits (28.70) 
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holy shit, bit excessive! 13 rounds in 4 seconds? Really... Wonder if he came from LAPD?
Posted Dec-13-2012 ByLorenzo Dobson (27.40) 
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@Lorenzo Dobson
Yeah maybe, but when your half a cars length away from a crazy man holding a knife with a history of violence, heart pumping adrenaline you'd either shit yourself frozen or act as defensively as this cop did.
Posted Dec-13-2012 ByThisIsMyUserName (28.80) 
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if your told not to move, you dont move!
yes he fired to many rounds but why did the guy not just get out of the truck slowly with his hands raised, instead he shot out of the truck and turned to the officer like he was going to do something and made the situation 10 times worse, maybe the cop should've just put a couple of rounds into his legs, that would've done the job!
Posted Dec-13-2012 Bylayton (146.38) 
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He had range and time to think. No need for this to end with someone dead. This is murder imo.
Posted Dec-13-2012 Byninjagoat (181.72) 
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