# Baton Rouge Police shooting of man selling CD's **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 6, 2016, 5:36pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240 "2016-07-06T17:36:14Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [July 6, 2016, 5:36pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/1 "2016-07-06T17:36:14Z")
Horrible video .☹ I usually am the first one to defend police actions. Not this time. This was extreme excessive force from the very beginning. Then the tasering and shooting. Unbelievable. Sickening. For what? Selling music cd’s. He wasn’t trespassing. He had permission to be there. ☹ What happened to basic police work? Talk to the guy and uh, investigate before you throw him to the ground. It would have taken less than 5 mins to confirm he was there lawfully. > **[Alton Sterling shooting: Second video emerges | CNN](https://www.cnn.com/2016/07/06/us/baton-rouge-shooting-alton-sterling/)** > > A video showing a deadly encounter outside a convenience store in Baton Rouge, Louisiana, has sparked outrage. Police officers pin down Alton Sterling, a 37-year-old black man, then one shoots him as he lies on the ground. > **[Politics | News from The Advocate](https://www.theadvocate.com/baton_rouge/news/politics/)** > > Read the latest political news in Baton Rouge, East Baton Rouge Parish and the state of Louisiana from The Advocate. > [@](#): > > Sterling was known as the “CD man,” a laid-back guy who would sell tunes and DVDs outside the convenience store where he was shot, according to local media. > “Alton was a respected man. He was beloved in the community. He did not deserve the treatment and this excessive force that was exerted on him by the police department,” Jordan, his attorney, told CNN. > Now Sterling’s family is “grieving and mourning for an unnecessary loss of life,” the attorney said. > “Alton was out there selling CDs, trying to make a living. He was doing it with the permission of the store owner, so he wasn’t trespassing or anything like that. He wasn’t involved in any criminal conduct,” Jordan said. > Abdullah Muflahi, the owner of the Triple S Food Mart, told CNN he’s known Sterling for six years. > Muflahi let him sell CDs in front of the store. He said Sterling never got into fights. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [July 6, 2016, 5:46pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/2 "2016-07-06T17:46:31Z")
> [@aceplace57](#): > > Horrible video .☹ > > I usually am the first one to defend police actions. Not this time. This was extreme excessive force from the very beginning. Then the tasering and shooting. Unbelievable. Sickening. > > For what? Selling music cd’s. He wasn’t trespassing. He had permission to be there. ☹ > What happened to basic police work? Talk to the guy and uh, investigate before you throw him to the ground. It would have taken less than 5 mins to confirm he was there lawfully. > > [http://www.cnn.com/2016/07/06/us/baton-rouge-shooting-alton-sterling/](http://www.cnn.com/2016/07/06/us/baton-rouge-shooting-alton-sterling/) > [Politics | News from The Advocate](http://www.nola.com/politics/index.ssf/2016/07/baton_rouge_alton_sterling.html) From the NOLA link. > [@](#): > > In an interview with WAFB-TV, Triple S Food Mart owner Abdul Muflahi said he witnessed the altercation between Sterling and the two officers, and\*\* described officers first using a Taser on Sterling\*\* while a second officer tackled him. Muflahi said he did not witness Sterling drawing a gun on officers, **but said he later saw officers remove a gun from Sterling’s pocket** after the shooting. > > Baton Rouge police said officers were called to the convenience store at 12:35 a.m. Tuesday after someone called police to report a man selling CDs had **threatened him with a gun** , according to The Associated Press. After police confronted Sterling, an altercation ensued and Sterling died of several gunshot wounds to the chest and back, East Baton Rouge Parish Coroner Dr. William Clark told The Associated Press. Next time, read the article you link to. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [July 6, 2016, 6:03pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/3 "2016-07-06T18:03:53Z")
I did read it. Carrying a gun doesn’t require a permit in Louisiana. All they had to do was approach the guy and talk to him. Investigate. There are ways that can be done safely. With one cop backing up his partner. They do it all the time. Extra care is needed but you don’t pile onto a guy and slam him down just because he’s armed. > **[Video shows Alton Sterling was not holding a gun when shot dead by Baton...](https://www.nydailynews.com/2016/07/06/video-shows-alton-sterling-was-not-holding-a-gun-when-shot-dead-by-baton-rouge-police-justice-department-probes-tragic-shooting-warning-graphic-video/)** > > The dying black man, his empty hands flailing and blood pouring from his chest, held no weapon of any kind when pinned down and fatally shot by two white Baton Rouge cops. A revealing video, distri… > [@](#): > > In Louisiana, gun owners are allowed to carry weapons without a permit as long as they’re over 18 and not felons. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [July 6, 2016, 6:06pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/4 "2016-07-06T18:06:51Z")
> [@aceplace57](#): > > I did read it. Carrying a gun doesn’t require a permit in Louisiana. All they had to do was approach the guy and talk to him. Investigate. > > There are ways that can be done safely. With one cop backing up his partner. They do it all the time. > [Video shows Alton Sterling was not holding a gun when shot dead by Baton Rouge police; Justice Department probes tragic shooting (WARNING: GRAPHIC VIDEO) – New York Daily News](http://www.nydailynews.com/news/national/la-naacp-president-fire-police-chief-alton-sterling-death-article-1.2700973) _Threatening_ someone with a gun is a different matter. It doesn’t matter if you have a permit, you had better have a damn good reason to bring it out. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [July 6, 2016, 6:08pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/5 "2016-07-06T18:08:28Z")
> [@aceplace57](#): > > I did read it. Carrying a gun doesn’t require a permit in Louisiana. All they had to do was approach the guy and talk to him. Investigate. > > There are ways that can be done safely. With one cop backing up his partner. They do it all the time. Extra care is needed but you don’t pile onto a guy and slam him down just because he’s armed. > > [Video shows Alton Sterling was not holding a gun when shot dead by Baton Rouge police; Justice Department probes tragic shooting (WARNING: GRAPHIC VIDEO) – New York Daily News](http://www.nydailynews.com/news/national/la-naacp-president-fire-police-chief-alton-sterling-death-article-1.2700973) > [@](#): > > Sterling was a registered sex offender, after a 2000 conviction for carnal knowledge of a juvenile, records show. The circumstances of the case were not immediately clear. Records say he was released for his offense in October 2004. > > He was previously arrested for aggravated battery, criminal damage to property, unauthorized entry and domestic abuse battery, records show. In 2009, he was sentenced to five years in prison for marijuana possession and for carrying an illegal weapon with a controlled dangerous substance. > > Family members said he was on probation when he died and would not have been allowed to carry a gun. > **[Who was Alton Sterling? What we know so far about the man killed by Baton...](https://www.nydailynews.com/2016/07/06/who-was-alton-sterling-what-we-know-so-far-about-the-man-killed-by-baton-rouge-police/)** > > Alton Sterling, the 37-year-old man who was fatally shot by police on video after selling CDs, was a regular presence at the Baton Rouge, La., store where he died — known to locals as “… ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [July 6, 2016, 6:19pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/6 "2016-07-06T18:19:14Z")
> [@running\_coach](#): > > _Threatening_ someone with a gun is a different matter. > > It doesn’t matter if you have a permit, you had better have a damn good reason to bring it out. They _claim_ they found the gun in his pocket. Did he brandish it, put it back in his pocket, then get shot? maybe he picked up the gun after he was shot and used the last of his energy to put the gun back in his pocket? :dubious: Why don’t _you_ read the article before commenting? ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [July 6, 2016, 6:23pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/7 "2016-07-06T18:23:15Z")
So they talk to the guy and run a background check. Find out his prior record and charge him for illegal possession of a weapon. I hope they release the store’s camera footage soon. I’d really like to know if the police made any effort to talk to the guy and find out the situation. They knew a call had come in alleging he had threatened someone. That should be on the store’s video too. If it occurred. ---
**Author:** ![filmore](https://avatars.discourse-cdn.com/v4/letter/f/7993a0/32.png) [@filmore](https://boards.straightdope.com/u/filmore)\ **Post date:** [July 6, 2016, 6:23pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/8 "2016-07-06T18:23:34Z")
So maybe one officer somehow noticed the gun in the victim’s pocket during the struggle and that’s why he shouted “Gun!”. The other officer mistakenly took that to mean the victim was wielding the gun, not that he had a gun in his pocket, and shot him. ---
**Author:** ![Doyle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/doyle/32/439_2.png) [@Doyle](https://boards.straightdope.com/u/Doyle)\ **Post date:** [July 6, 2016, 6:28pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/9 "2016-07-06T18:28:13Z")
I watched the video and while wrestling with Sterling someone yells out, “he’s got a gun!” Since they were already there because of a complaint of Sterling threatening someone with a gun, it’s no surprise the police would be a bit on edge. Also, they tasered him and he didn’t react. ---
**Author:** ![MikeF](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@MikeF](https://boards.straightdope.com/u/MikeF)\ **Post date:** [July 6, 2016, 6:31pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/10 "2016-07-06T18:31:16Z")
If I’m not mistaken, the call was that he had brandished or pointed the gun at someone. More than just peacefully selling CDs. That’s why the cops were called. The video I saw starts with the encounter already under way. So, based on that video, we have no idea what the cops did or said when they first got there. Nor can we tell what he was doing with his right hand. Going for the gun? Had the gun? Is there a longer version or another video? Maybe the cops were wrong but maybe they weren’t. But why wait for an investigation? It seems to fit the “murderous cop” story line so lets just run with it. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [July 6, 2016, 6:40pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/11 "2016-07-06T18:40:25Z")
If only both of their body cameras hadn’t simultaneously malfunctioned… ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [July 6, 2016, 6:44pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/12 "2016-07-06T18:44:21Z")
> [@Czarcasm](#): > > They _claim_ they found the gun in his pocket. Did he brandish it, put it back in his pocket, then get shot? maybe he picked up the gun after he was shot and used the last of his energy to put the gun back in his pocket? :dubious: > Why don’t _you_ read the article before commenting? If he brandished it, he was asking to get shot. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [July 6, 2016, 6:47pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/13 "2016-07-06T18:47:34Z")
> [@filmore](#): > > So maybe one officer somehow noticed the gun in the victim’s pocket during the struggle and that’s why he shouted “Gun!”. The other officer mistakenly took that to mean the victim was wielding the gun, not that he had a gun in his pocket, and shot him. That’s what probably happened. Once the two cops jumped this guy the situation became extremely unpredictable and dangerous for them and the suspect. That’s why approaching the suspect and investigating the situation should be step 1. Jumping the guy and subduing him by force should be the last resort. Imho ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [July 6, 2016, 6:57pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/14 "2016-07-06T18:57:25Z")
> [@running\_coach](#): > > If he brandished it, he was asking to get shot. How could he have been brandishing it if they found it in his pocket? Do you not understand the question? ---
**Author:** ![wolfman](https://avatars.discourse-cdn.com/v4/letter/w/a8b319/32.png) [@wolfman](https://boards.straightdope.com/u/wolfman)\ **Post date:** [July 6, 2016, 7:03pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/15 "2016-07-06T19:03:26Z")
> [@Czarcasm](#): > > How could he have been brandishing it if they found it in his pocket? Do you not understand the question? Does brandishing require holding or even touching the gun. Can flipping open your coat to show you have one count as brandishing for example? ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [July 6, 2016, 7:10pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/16 "2016-07-06T19:10:07Z")
> [@Czarcasm](#): > > They _claim_ they found the gun in his pocket. **Did he brandish it, put it back in his pocket,** then get shot? maybe he picked up the gun after he was shot and used the last of his energy to put the gun back in his pocket? :dubious: > Why don’t _you_ read the article before commenting? > [@Czarcasm](#): > > How could he have been brandishing it if they found it in his pocket? Do you not understand the question? That answer your question? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [July 6, 2016, 7:13pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/17 "2016-07-06T19:13:20Z")
> [@running\_coach](#): > > That answer your question? So you claim as a possibility that he brandished the gun, then put the gun away, _then_ they killed him and were justified in doing so? ---
**Author:** ![drewder](https://avatars.discourse-cdn.com/v4/letter/d/57b2e6/32.png) [@drewder](https://boards.straightdope.com/u/drewder)\ **Post date:** [July 6, 2016, 7:17pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/18 "2016-07-06T19:17:19Z")
> [@running\_coach](#): > > If he brandished it, he was asking to get shot. I would agree if he brandished it to the officers however as I understand it a 911 call said the guy was threatening folks with his gun but that it was in his pocket when police showed up. If I read it correctly the guy was on the ground when he was shot which makes me wonder how he was threatening anyone when he died. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [July 6, 2016, 7:25pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/19 "2016-07-06T19:25:01Z")
Sounds like an accidental shooting. The officer in the video had no reason to have his weapon out at the time they had the suspect on the ground. Similar to the volunteer deputy in Tulsa that shot an unarmed suspect in the back once they had him on the ground last year. The deputy was convicted of 2nd degree manslaughter in that case. ---
**Author:** ![AHarris](https://avatars.discourse-cdn.com/v4/letter/a/bcef8e/32.png) [@AHarris](https://boards.straightdope.com/u/AHarris)\ **Post date:** [July 6, 2016, 7:36pm UTC](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240/20 "2016-07-06T19:36:53Z")
> [@wolfman](#): > > Does brandishing require holding or even touching the gun. Can flipping open your coat to show you have one count as brandishing for example? For what it’s worth, this appears to be the relevant statute: [LA Rev Stat § 40:1382 :: RS 40:1382 — Negligent carrying of a concealed handgun :: 2011 Louisiana Laws :: US Codes and Statutes :: US Law :: Justia](http://law.justia.com/codes/louisiana/2011/rs/title40/rs40-1382) It seems to me that merely displaying your gun isn’t criminal as far as that statute is concerned, but if you do it in a way that would lead to a reasonable belief that a crime will be/is being committed, then you can be charged. [Next page](https://boards.straightdope.com/t/baton-rouge-police-shooting-of-man-selling-cds/759240.md?page=2)