Drunk cop shoots cop and gets probation

We pick up this story, taken <a href="https://law.justia.com/cases/massachusetts/court-of-appeals/2013/12-p-74... the opinion of the court</a>, where Paul and Joe are having a little fun at the bar:

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As Durkin was leaving the lounge, a fellow police officer, Joseph Behnke, believing Durkin too intoxicated to drive, suggested that Durkin sleep at Behnke's house in the West Roxbury area of Boston. Durkin agreed. Upon their arrival at Behnke's house, Durkin, who had fallen asleep during the drive, woke up, left the car, and started walking "in a highly intoxicated state" in a direction away from Behnke's house. Behnke followed Durkin on foot, asking him to come back to the house. In response, Durkin, from a distance of five to six feet, pulled out his weapon and fired one shot at Behnke, striking him near his hip. In response, Behnke shouted, "I've been shot, Paul, you shot me!" Durkin walked away, and while leaving the scene called a friend on his cellular telephone and asked to be picked up and driven away.

On April 23, 2007, Durkin pleaded guilty to assault and battery by means of a dangerous weapon.
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It might be worth noting that this court case was not about shooting your friend, or even about shooting a cop, or even about shooting a gun in public. It was about whether or not this gentleman was entitled to his pension after such behavior.

"Police officers must comport themselves in accordance with the laws that they are sworn to enforce and behave in a manner that brings honor and respect for rather than public distrust of law enforcement personnel. They are required to do more than refrain from indictable conduct. Police officers are not drafted into public service; rather, they compete for their positions. In accepting employment by the public, they implicitly agree that they will not engage in conduct which calls into question their ability and fitness to perform their official responsibilities.".

We invite you, our readers, to read the full opinion at https://law.justia.com/cases/massachusetts/court-of-appeals/2013/12-p-74...

Do you think he should have been allowed to keep his pension? How about the punishment for his crime? Was it too tough?

Comments

dej

Sun, 02/03/2013 - 10:57

"Police officers must comport themselves in accordance with the laws that they are sworn to enforce and behave in a manner that brings honor and respect for rather than public distrust of law enforcement personnel

That's funny.

Call it "old school" or naivety or what have you. But law enforcement officers (and fire fighters) start out with my respect. It is theirs to lose. Then we ROUTINELY see cops acting like the laws do not apply to them. And NOTHING undermines the public's respect more or faster.

The most common, of course, being the way they drive... be it 20+ MPH above the speed limit with no lights or siren (on the highway AND through a school zone with school in session), or backing up on the highway because of a missed exit, or serially tailgating one car after another, or driving with a foot of snow on top of the car - all of which they would cite you or me for in a heartbeat - all of which I have seen personally on more than one occasion. And that is just a single area and the most public face.

In over 3/4 of a million miles driving, the single stupidest, most blatantly illegal, most life threatening driving maneuver I have ever seen remains that of a Massachusettes State Trooper who recklessly endangered my life and the lives of other drivers to go after someone he saw speeding in the opposite direction. It is ONLY my experience and skill that saved my life and his.