Deputy Says It Is Derek's Fault He Shot Him

[thanks2]

College student shot by drug investigators caused accidental gunfire by startling officer, attorney says

 

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GRAND RAPIDS – Derek Copp, the Grand Valley State University student shot by a drug investigator in March 2009, put himself in the line of fire through his illegal and aggressive conduct, an attorney representing Ottawa County sheriff's Deputy Ryan Huizenga wrote in court records.

 

In response to the federal lawsuit filed last month on behalf of Copp, Doug Van Essen pins responsibility for the 20-year-old taking a bullet in the chest on his own actions, not Huizenga or other officers involved in conducting a search warrant at Copp's apartment.

 

“(His) claims are barred in whole or in part by his contributory negligence or intentional acts, including but not limited to the fact that he engaged in the illegal sale of drugs, accepted and encouraged his roommate's sale of illegal drugs, rushed to the slider and threw open the curtains and slider and raised his hand, all in whole or in part, in an aggressive manner that reasonably startled Deputy Huizenga,” Van Essen states in court documents.

 

Huizenga was performing his job and reasonably feared for his well being in the heat of the moment, Van Essen said.

2009_07_0489.JPGOttawa County sheriff's Deputy Ryan Huizenga

 

Officers with the state police operated West Michigan Enforcement Team, a multi-jurisdiction drug unit that Ottawa County assigns investigators to, raided Copp's apartment by coming to the back door and knocking on a sliding glass door.

 

Undercover officers made three earlier marijuana purchases at the ground-level apartment by coming to the rear door.

 

Copp's attorney, Fred Dilley, claims authorities used “cowboy-like” tactics that were reckless during the search.

 

The lawsuit, which seeks unspecified cash damages from Huizenga, Sheriff Gary Rosema and the county, also alleges police were negligent and used excessive force.

 

Dilley states in the suit that Huizenga wrongly had his finger inside his gun's trigger guard and was not in the "low ready" position he should have been, a contention Van Essen acknowledges but says was the result of the officer reaching for the door and Copp's “unexpectedly abrupt and aggressive actions.”

 

Copp spent nine days in the hospital as a result of the off-campus shooting. He has since graduated, but has difficulty sleeping and suffers from post-traumatic stress disorder, Dilley said.

 

Copp was ultimately convicted of selling marijuana and a judge ordered him to community service.

 

Huizenga has been reinstated to patrol duties from a short suspension. He was also convicted of reckless discharge of a firearm, a misdemeanor that earned him probation and community service. Huizenga has repeatedly said the shooting was an accident.

 

The county's response denies a majority of Copp's allegations including questioning whether authorities should change tactics during drug searches. Van Essen asks U.S. District Judge Robert Jonker to dismiss the case.

 

Dilley asserts police should stop conducting raids in a "high-risk manner" when the circumstances do not warrant such tactics.

 

"If they persist in pursuing marijuana users, they should do so with caution and not in a reckless, cowboy-like manner as was done in this case. This is West Michigan, not the Wild West," Dilley said.

 

Police had been to Copp's apartment and could have assessed the risk from a college student with no prior record and possessing small amounts of marijuana. Authorities approached the residence with automatic weapons and “full battle gear,” Dilley said.

 

Van Essen said state police control the operation of WEMET and many other drug teams, but changing procedures doesn't make sense.

 

"Just because there are college students involved, I don't think you can have different standards, " he said when Dilley filed the suit.

 

Copp is now living in a Tennessee monastery and expects to move into a film-related job this summer.

[JimD]

That is the same unchallenged lie they have always told about the need for paramilitary units on our civilian police forces. They'll say, "we are up against criminals so dangerous that we need body armor, automatic weapons, no knock raids and tactical assault vehicles."

The truth is, you have to dig really deep into the news to find a single instance of an officer killed during a drug raid. The truth is, you can easily find instances where people like Copp are shot, sometimes because the location for the raid is wrong! The truth is, groups like WEMET just want that $300,000 block grant from the federal government, which was originally intended for bullet resistant vests.

[jessiejamez]

I assume poor Derek didn't have any weapons or he would have been charged with that. One harmless relatively innocent college kid gets shot in the chest for sell'n a couple bags of smoke....great job guys!

 

The people need to come up with some legislation to deal with how LEO are able to enter a home. Every situation is different. Sometimes dogs and children (100% innocent lives) are involved. Sometimes the dogs are guard dogs and sometimes they are family pets. I know LEO needs to be protected. I also know that I deserve to feel 100% safe and secure in my home, if no other place in this world.

 

I was home for one raid on my residence. It was not a pleasant experience. I was left battered and bruised. I'm very glad they didn't shoot my dogs. It seems that a polite knock on the front door, and a "sir I'm going need you and everyone in the house to step outside while we carry out this warrant" would work in most cases. If they want the person and feel he/she may be dangerous they can stake out the place and get this person coming or going.

 

We all know that there are situations where flash-bang grenades & tear gas is needed. Not every situation calls for that level or even close to that level of aggression. Anyone who is smart realizes that having a firearm even a hunting rifle and growing medicine is a potential problem. LEO is not going to protect our property rights, right Trix. We can't protect ourselves (legally).

 

I haven't done anything in many many years. A drug addict stole my bike last summer. I know who the guy is. Local PD seem interested in helping me until I told them that I understood the guys problem and had some problems in the past. He must have ran my record. Not only did they not file charges on the guy, the detective would even return my calls after that.

 

I do my best to teach my children to respect and trust law enforcement. Even though in my heart I want to tell them that they neither here to serve or protect. Rather than trust and respect they should be dealt with primarily with fear and second with contempt.

 

How many homes in Detroit became abandoned after the front door was broken down by LEO and it was left unsecured? How many of those homes would still be viable residences if not left for looters to destroy?

 

Something needs to change.

[phaquetoo]

It is a sad day indeed when a college kid gets shot for having and selling a little weed! That just isnt rite,,and if he would have died it would have been justified?

 

Im sure many of police officers have been shot conducting raids on crack houses,,but not your local kid selling joints to get thru skewl!

 

Im not saying its right to break the law,,,,but did this kid deserve to be shot? sounds like he was just opening the door for the rookie cop,,,,I hope he was a rookie cop,,id hate to think we have veteran cops out there afraid of their own shadows!

 

Peace

FTW

Jim

[JimD]

Im sure many of police officers have been shot conducting raids on crack houses

Actually, Jim, that isn't true at all. Google it and go digging around the net. You will find it very hard to find stories or statistics that bear that leo-spread lie out.

[phaquetoo]

I assume poor Derek didn't have any weapons or he would have been charged with that. One harmless relatively innocent college kid gets shot in the chest for sell'n a couple bags of smoke....great job guys!

 

The people need to come up with some legislation to deal with how LEO are able to enter a home. Every situation is different. Sometimes dogs and children (100% innocent lives) are involved. Sometimes the dogs are guard dogs and sometimes they are family pets. I know LEO needs to be protected. I also know that I deserve to feel 100% safe and secure in my home, if no other place in this world.

 

I was home for one raid on my residence. It was not a pleasant experience. I was left battered and bruised. I'm very glad they didn't shoot my dogs. It seems that a polite knock on the front door, and a "sir I'm going need you and everyone in the house to step outside while we carry out this warrant" would work in most cases. If they want the person and feel he/she may be dangerous they can stake out the place and get this person coming or going.

 

We all know that there are situations where flash-bang grenades & tear gas is needed. Not every situation calls for that level or even close to that level of aggression. Anyone who is smart realizes that having a firearm even a hunting rifle and growing medicine is a potential problem. LEO is not going to protect our property rights, right Trix. We can't protect ourselves (legally).

 

I haven't done anything in many many years. A drug addict stole my bike last summer. I know who the guy is. Local PD seem interested in helping me until I told them that I understood the guys problem and had some problems in the past. He must have ran my record. Not only did they not file charges on the guy, the detective would even return my calls after that.

 

I do my best to teach my children to respect and trust law enforcement. Even though in my heart I want to tell them that they neither here to serve or protect. Rather than trust and respect they should be dealt with primarily with fear and second with contempt.

 

How many homes in Detroit became abandoned after the front door was broken down by LEO and it was left unsecured? How many of those homes would still be viable residences if not left for looters to destroy?

 

Something needs to change.

 

I can so relate to that! and to top it off my Dad is a retired cop (1986) he is and was a good man and cop! I have a hard time telling my kids to trust the police! I dont want my children to be afraid of cops, but I also Dont want them to Trust them either!

 

Something needs to change ditto!

 

edit= jimD I beleive ya bro! thank you for sharing!

[ccpulsipher]

this guy needs to be charged not out back on the force if that was one of us even in and accdentail shooting we would be doing some form of jail time but just because he is a cop nope no time and back on the force.

what a joke when i was a kid we had a buddy that became a county sheriff he use to all the things we did smoke a little weed drink all the stuff you do as a kid but then he became a sheriff and became a total donkey all my buddies and me were out at our local bar one weekend and he walks in he was totally drunk and trying to start fights so me and my buddies took him out and gave him a good beat down like he needed he said he would be back with the cops and sure enough they came back but they were'nt the rookie he was and we told them what happened and you know what happened they took him outside and they gave him another beat down you know why because he made them look bad. Back then there was people that took this job as and honor and privilege to serve as a officer of the law now a days it's just a job and thats the problem just my 2 cents worth.

[Iceman081]

It is a sad day indeed when a college kid gets shot for having and selling a little weed! That just isnt rite,,and if he would have died it would have been justified?

 

Im sure many of police officers have been shot conducting raids on crack houses,,but not your local kid selling joints to get thru skewl!

 

Im not saying its right to break the law,,,,but did this kid deserve to be shot? sounds like he was just opening the door for the rookie cop,,,,I hope he was a rookie cop,,id hate to think we have veteran cops out there afraid of their own shadows!

 

Peace

FTW

Jim

 

 

Right on Jim, they had been in this kids apartment buying they knew he was no threat and no he wasn't a rookie cop!!! He even admitted to having his finger on the trigger, safety off, standard protical is to have finger on trigger guard so gun doesn't discharge when a leo is caught off guard. Hell they even charged him with reckless discharge of a firearm, found guilty and got community service and probation. There should be no question at all to who's fault this was, if he was startled then why didn't other cops shoot? What a waste of tax payers dollars on this and to have his attorney blame the kid when his client is found at fault by his own department is absurd. His response should be how much and when do we have to pay!!!!! This is whats wrong with this country everybody not willing to accept blame when they are wrong!!!!

 

D

[MORE COWBELL]

JUST LOVELY FOLKS....the devils handi-work-Babylon makes the rules-ARGGGHHHHHHHHHHHHHHHHHHH

 

 

 

hope this goes to the supreme court