Manteca Police Officer John Moody Fatally shoots man to death – Unloads 14 rounds

Published On March 6, 2013 | By CopBlock | Articles

**NOTE THIS VIDEO IS QUITE GRAPHIC**  

Before making any “declarative statements” I would ask that you take a look at the DA’s Full Report, and validate the gravity of this video.

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.

Shooting of Ernest Duenez Jr. by Manteca PD Officer John Moody on December 12, 2012

Shooting of Ernest Duenez Jr. by Manteca PD Officer John Moody on December 12

According to the District Attorney’s report, Duenez, who was being sought for a parole violation and an earlier 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.

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  • http://bigpzone.com bigpzone

    pathetic

  • courtofpublicopinion

    another MURDER!! ok asshat t and common death for running a stop sign and hey lets make sure he is dead before getting an ambulance and hey where is the big ole scary knife i think this is one of those unlawful cases where the wife should have shot and killed them in defence of an unlawful attack on her husband think if i was on the jury for that one i would go for not guilty why does the stupid pig need a knife to cut his shirt? remember perp was supposed to have one what a bunch of retards and while we are there lets terrorize the rest of the residents inside the house so they will be afraid to testify you jerks really need to get some brains and balls

  • Mr. Bawkbagawk

    yes, lets be concerned what a couple of trolls will think. why do you people give T and Common so much power over yourselves? its really quite absurd.

  • Common Sense

    Guess no one bothered to read the report. Second page, Ernie was armed. 8-inch knife. Even had his DNA on it.

    Good shoot.

  • courtofpublicopinion

    even the da’s report of course puts that justified spin on it still way overboard how many of those shots fired could have ended up in an innocent child playing in their yard? who cares right the bad guy is down well one day it could be you just sitting there having your morning coffee when bang! [you only hear the 1 shot that killed you, or maybe not] outside however cops have cornered somebody with a warrant all 3 carloads open fire cause they thought they saw a gun oh well you are just as dead. but guess what your widow will have to eat it cause your death has been ruled justified you had no business being where you were does it have to come to this? there are better ways

  • Tim

    Watched this last week …Yea, this cop planted a knife..seen him do it ..

  • Tim

    Murder ! plain and Simple..

  • t.

    Read the report. See the background information. THEN WATCH THE FREAKING VIDEO !!!! The report and the video are simpatico.

    The fact that this is a “clean shoot” is unquestionable. Its certainly not something to celebrate, but the officer clearly did the right thing.

    “Burris (attorney wanting civil claim) believes”. And attorneys wonder why people call them liars. The video is, to say the least, inconsistent with Burris’s claims, making his claims laughable at best.

    With this video evidence, the officer was hopefully cleared to return to work after a 72 hour break.

  • Common Sense

    The state gave him parole, let him out of prison early so long as he behaved. Ernie apparently didn’t behave, and thus earned a warrant for parole violation. He knew if caught, he’d be returned back to prison. He made his decision.

    When you flee from the police, are a wanted person, ordered to stop (repeatedly) and still exit armed with a deadly weapon.

    You are spinning the wheel of life.

  • The Realist

    First of all….

    This video is two years old. Its been shown on youtube.com and other websites.

    Second of all….

    The man in the truck did have a knife. It is hard to say what I or any other person would have done if we were put into that situation. As sad as this video is…. Just based off the video itself… This appeared to be a good shoot…

  • underoath

    Tim….at point do you see him plant a knife?

    Good shoot.

  • slappy

    The guy ran from police. He had a weapon and the officer ordered him several time to drop to the ground. No officer is going to let a armed criminal with a nasty criminal past just up and run away. The officer did his job. Just because 14 shots were fired didn’t kill the guy right away and who knows how many shots hit him. The guy had it coming and the officer should get a medal for his actions.

  • certain

    That’s why it’s good you’re a mall-cop, and don’t actually have a gun to carry around. Officer ass-hat panicked and unloaded his gun. Pure adrenaline reaction, having nothing to do with his life being endangered. Anybody watching the video can see that he made NO movement toward the officer at all. Anybody other than mall-cops and trolls, anyway. Oh. look, we found that pesky knife. LOL. Funny how the knife wasn’t found until after ass-hat says, “I’m trying to find that knife he had”. Which translates as “Oh, shit, I shouldn’t have even shot this guy once, much less 14 times, I better come up with a reason.” And look, it actually even had his DNA on it. Tell me, Mr. Lab Tech, was there any other, unidentified DNA on that knife?

    Once again, we are expected to just accept “It’s justified because we all say it is.”

  • underoath

    You can clearly see a knife in his right hand when it’s above the cab around the 42 second mark.

    You guys are terrible arm chair quarterbacks.

  • http://www.badgeabuse.com badgeabuse

    slappy….go play in traffic.

    Pete you should enable showing ip’s for posts.

  • certain

    And one key sentence points out that this whole thing is a pile of shit – the person writing the report felt compelled to mention that the knife
    the guy was armed with was a “throwing” knife. Really? And what exactly makes it a throwing knife? Lying bunch of murderous motherfuckers.

  • Shawn

    @t

    The fact that this is a “clean shoot” is unquestionable”

    Clean shoot, no. Legal shoot, ok. But do you think 14 rounds fired like that were reasonably aimed, or just random reaction fire? Cops did the same shooting at the newspaper cop killers. Their rounds went into innocent houses.
    When every cop unloads like that, and cops don’t ever see this as unacceptable in a civilian environment, you clearly state you don’t care about innocents backstoping your rounds.

  • certain

    And yes, look at the video under-a-rock. The guy’s body was turned perpendicular to the cop, with the hand that supposedly had this “throwing” knife on the other side of his body. There was no way possible at that point that he could have thrown anything in that hand at the cop. But the cop opened fire anyway. LOL, fucking coward, “How many times did you shoot?” “I don’t know, I think 5 or 6″ LOL, cowardly little punk milked that gun dry. What back in the day of my old profession we called a “rain-bird”. Got scared, lost control of his adrenaline, and killed that guy. And you turds all back him up. Well, since you’re turds and wannabe turds yourselves, I guess it makes sense you would all stick to the same bullshit.

  • certain

    Skinny little dweeb punk couldn’t hurt a fucking puppy without that gun, so having him on the street as a cop is dangerous to everybody. Cowardly piece of shit.

  • courtofpublicopinion

    and the cops ran the stop sign, dangerous criminals

  • Common Sense

    @certain

    A throwning knife, is typically designed and shaped to be thrown. That’s why they are labelled, ‘throwing’ knives.

  • t.

    Wow @certain has blown a fuse today. Guy, sorry if you can’t even believe your own eyes. Your continued keen insight is as always…horribly flawed. For a guy who claims to be an engineer, you can’t even seem to add. The facts a very clear in this incident. And they don’t add up to your less than expert analysis. Keep trying though….maybe someday you’ll finally get one right (but based on your record….I wouldn’t bet on it being any time soon).

  • t

    Not so fast Slappy…

    …”The guy had it coming and the officer should get a medal for his actions.”

    In what universe does a “peace officer” retain the power to be judge, jury and executioner ?

  • dick

    I was in law enforcement for 25 years. I taught self defense. I have to say that the officer is more than likely going to be charged. I watched the video over and over. (1)The subject was stuck in his seat belt (2) he was turned towards the inside interior of the car when the officer fired the first few shots. (3) if there was a knife there was no threat as in an attempt to approach the officer or draw a hand back in an attempt to throw the knife. The suspect was shot in the back atleast once while he was turned completely away. Lastly, the officer was saying he would shoot the subject before he even encountered the subject and made his way to the view of the subject. Over zealous officer with ax to grind with subject from past issues is my guess.

  • underoath

    The guy is 10-12 feet away and armed with a knife. He is obviously not complying with verbal commands and is coming out of the truck like a bat out of hell.

    What would the second guessers propose be done in a situation such as this?

  • Common Sense

    @t.

    Looks like you have a new friend.

  • dick

    The officer had the drop on him dead on. one step toward the officer or a reaction to draw back his arm with the knife the officer could of still dropped him! This officer is experienced you can tell by his commands. The 21′ rule is also true fact. If at anytime he should of opened fire it was when he was facing the officer with hands on the roof and door frame for fear he could of leaped and sprung 10′ with the knife in his hand (not when he turned away attempting to free himself.

  • Burn The Obedient

    I suggest EVERYONE arm themselves for defense against the country’s largest street gang. Shoot back. Maybe then they will back off.

  • t.

    @common: It is the sincerest form of flattery.

    Shawn: Clean shoot. Legal shoot. Good shoot. Correct shoot. Appropriate shoot. Right shoot. All the same. The officer clearly not only tried to do the right thing…he did it. Guy, just watch the video. The officer is calling him by name….telling him not to move. The officer reholsters his gun (clearly not looking to shoot this guy). But the suspect ACTIONS warranted the response. He was known to be armed with at least a knife (and he was). Again…watch the video….the officers gun is holstered as he gives him commands and the suspect makes a clear, furtive movement to his waistband…reaching for a weapon (which he had). You can use whatever word you’d like….the officer acted appropriately and the suspect didn’t.

  • t

    My buddy, William Norman, has, as the well informed among us already know, a great deal to say on this subject. I’m sure you’ll all be edified by his latest musings on a subject so near and dear to your hearts …

    http://freedominourtime.blogspot.com/2013/03/for-your-own-protection.html

  • Common Sense

    @underoath

    You know exactly what they’d want. Write a strongly worded letter to Ernie and ask (don’t demand, that could scare him) and ask him to turn himself in.

    At his own time of course.

  • underoath

    Maybe they should show him they really mean business and send the letter certified!!

  • certain

    Like I said, just because somebody says it was legit, doesn’t make it so. He wasn’t even moving towards the cop. I still don’t get how it was OK for the cop to shoot him 13 or 14 times. Was it because he wouldn’t listen and sit still? He was most likely just trying to run. And if he did have a knife in his hand, what, that in itself is a valid reason to unload on him? Because he did not approach the cop. He was still trying to get out of the seat belt and not moving away from the truck at all when the cop started shooting. Fucking lying bunch of clowns.

  • underoath

    Awwww…..certain is butt hurt!

    Don’t like the way this shit goes?

    Run for office and change it.

    Go get certified and become a peace officer and change things from the inside!

    Or continue to sit on your ass and bitch and complain.

    Get within 15 feet of me with a knife, disobey my verbal commands, and come out of the truck like that, and ill stop the threat too.

  • certain

    And just so you fuck-wits know – I’m not automatically against the police. In fact I think the guy that got shot was a scumbag who probably deserved to be in prison. But the coward who shot him should have the cell next door, because my eyes, as wally the mall cop says, did watch the video, and the scumbag did not make any threatening moves towards the cop. Unless you’re a cowardly piece of shit, that is. So let me guess, if one of those rain-birded 14 rounds had killed a kid in the house behind the guy, what that wouldn’t have been the cops fault either? It also when have been justified? The government of this country is putting it right down the toilet. And you jackasses are part of the plunger they’re using to do it.

  • certain

    LOL, I know you would under, that’s part of the whole cowardly piece of shit part.

  • certain

    Change it from the inside?????? Like Dorner did??? Remember, even if he did turn out to be a murderous piece of shit (imagine that, a cop being a murderous piece of shit, it all started with him trying to do the right thing and change it from the inside. Yeah, that worked against you corrupt and broken scumbags, didn’t it?

  • underoath

    Isnt someone quite the tough guy today! You’re almost amusing!

  • Patrick H

    Sick to see this called good shoot. Doesn’t matter that he had a knife. He was in no position to use it. And the cop didnt have to shoot him 14 times. Two shots, then wait to see if he is disabled.

    I hope all the people who said it was a good shoot get shot by a cop because he was fearful for his life.

    Officer Safety is just an excuse for murder.

  • certain

    LOL, what a well thought out and reasoned response to my questions. How, exactly, am I being the “tough guy”? Am I making threats? Am I saying I’ll kick somebody’s ass or anything like that? No, that would be your ingrained cop response, in that anybody questioning your “authority” is being aggressive, and a tough guy. Makes it easier for 5 or 6 of you to deliver a beating, huh?

    Maybe I am a bit more bent out of shape over this than typically, but I’m just growing tired of you ass-hats doing whatever you want to whoever you want, backing each other up, and then claiming everything was “right”, or “justified”. This thing in Torrance where cops openly attempted to murder 2 completely innocent ladies, and they will most likely not even lose their fucking jobs, much less will they be put in prison like ANYBODY ELSE who is not a cop would be. So yes, every other thing you do tends to look like a pile of shit as well.

  • underoath

    Once again I ask….what would YOU have done tough guy?

  • underoath

    You going to take on an armed man with your bare hands? Maybe pull your knife out and engage in a knife fight? Get back in your car and wait on backup?

  • certain

    I would have kept him covered, and kept yelling at him to get on his face. If he moved away from the truck at all, I probably would have shot him.

    And I’ll be the first to admit, he was probably going to move away from the truck, in attempting to run away, and I probably would have shot him. Having some minimal combat experience from when I was a young man, I would, however, hope to have enough self control to shoot once or twice, then reevaluate the threat, rather than let my fear-driven adrenaline take complete control of my actions to the extent that I have no memory of milking my gun dry. The problem here is you fucks have somehow gotten some sort of approval somewhere to kill somebody based upon what you think they might do. That might be OK, if a vast number of cops didn’t seek out the badge because they were picked on and beat all through childhood and they’re looking for a little payback (which I think was the case with this punk-ass looking weakling), or if they weren’t brutal and racist bullies before they got a badge, which also, unfortunately for those of us NOT driven to seek power over others, is a description that fits a good number of cops as well.

  • certain

    And a cop calling somebody tough guy. That is freaking priceless!!

  • certain

    And once again I’ll ask – Should the cops who attempted to murder those newspaper delivery ladies be arrested and charged? And if not, why?

    Not that I’m expecting any answers other than “It was justified because they were in fear of an imminent attack. It was a mistake, not a crime”. Or some other such ridiculous double standard bullshit.

  • http://www.badgeabuse.com badgeabuse

    underoath…

    First I would get a JOB that I wass’t scared to perform…..

    Any other time you would tase someone(Non-lethal weapons, also called less-lethal weapons, less-than-lethal ) have you heard that term used before by chance? Do you know what a Non-lethal weapons would be?? How much skill does it take to be a LEO…NONE

  • Common Sense

    “If he moved away from the truck, I would have shot him..”

    Certain, it’s exactly what the cop did.

  • underoath

    If someone brandishes a lethal weapon I will not bother unholstering a taser.

    Anyone that does will soon realize just how big of a mistake they have made.

  • dick

    I agree with the use of non lethal force here. Not an option. I however disagree with the officer confronting this guy knowing he is wanted for parole violations, x con, and domestic assault. Should have: (A) Waited for backup (B) Stayed behind the drivers door and motor block for cover and gave verbal commands. If he fled so be it. Always another day to issue a warrant etc.. There was a situation in PA. where a cop got killed coming up on a parked car in a Mcdonalds around Pittsburgh knowing the guy was lying down inside waiting for him.

  • t.

    Wait…did you all see it…in his rant at 2:07, in the first line of his (@certain) second paragraph..I’ll wait for you to look………………he says he would have shot him for running away, but not for reaching for a deadly weapon.

    And I think that just about puts the wrap on his logic.

  • underoath

    Richard…I see what you are saying and it’s a logical thought, but I will not sit back and possibly let him get out of the truck with a gun. I want the confrontation to be on my terms. If I can get the drop on him then I have the upper hand.

    Also, he already has one warrant out for him. Issuing another warrant won’t do any good. We don’t track people down so we can issue another warrant for them. We track people down so we can take them to jail.

    I appreciate your thoughts though. They seem well thought out and not the general knee jerk reaction I see around here

  • Shawn

    @T

    I don’t think you understood my comment. I challenged how the officer handled the shoot, not whether it is appropriate. Simply put, is it appropriate to empty the weapon in two seconds in an environment were misses will endanger others? That isn’t aimed fire.
    Cops have a long history of ‘going to town’ on a guy with all guns blazing. Now, as long as the shoot is legal, I don’t care how many rounds the guy takes. I do care about where the misses goes. Don’t you?
    Do you not see there is an issue with controlling fire so that innocents aren’t harmed by officers going mad minute? I would have thought all the wounded in the NYC incident would have woken you up. Or are you so cold blooded that you just can’t care what your bullets do?
    There is no magic wall that stops the bullets when they miss.

  • WHY

    I think we may be at a turning point here in the U.S. where citizens are going to start tracking these murderous cops or their family members down like Dorner did if the D.O.J doesn’t step in and start “REALLY” investigating all these killings. Having the murderous cops departments ruling on them is wrong, and should be stopped. I read a lot of different websites and I’m hearing real anger blooming around this country. I sure as hell would not want to be a cop when Dorners start popping up around the country. An EYE for an EYE is the talk.

  • Dan Sayers

    Proof that gang violence is a serious problem. Watch the beginning of the video again and pretend there are no badges. What do you see?

  • t

    @ Shawn

    We’ve got no beef…I think you meant to direct your insightful comments at “t-period”. [You know.. the one who guffaws like a lingerie sales men ... "BRAAAAAA ha ha ha" .] Not your humble servant, plain old little “t”.

    Easy mistake. No harm, no foul. I’m often mistaken for a sufflati troglodytam.

    I really should try not to drag my knuckles ;- )

  • http://www.badgeabuse.com badgeabuse

    you asshats shot first as questions second… Did that cop know what was around him? 2 people came out of the house after the shooting….What if one of them were shot? ooh well? were they guilty by association???

    Could you imagine this kind of guy down range with you? 25 hostiles incoming and you have 26 bullets? and he shoots 14 at one of them…..

    Underoath….

    For the most part I get it….I get you guys LIE day in day about what happend in the field

    you guys are so used to getting away with everything its hard to change….or want to change.

    Tim Tebow….Great all around guy but his mechanics are flawed…they been flawed so long there is no fixing them.

    Kind of the same thing with you LEO’s.. You been doing it so long the wrong way that its hard if at all possible to correct…

  • t.

    OK. 1 shot 1 kill…sniper style. Would that have been better. I don’t remember how many hits there were. But watch….its not like t.v…..he doesn’t get blown backwards….or instantly drop. He does react, and eventually goes down…after all the shots were fired. And I’m really not trying to talk down at you or anyone…but it really isn’t like t.v. and movies. People are still threats. The worst thing I saw in the video is how long it took the officers to handcuff him.. he should have moved in much faster and done that. Someone above made the ridiculous statement of take 2 shots and wait. What? This guy got hit mulipe times and didn’t instantly stop. That’s is more bad t.v.

    Certainly I care where the misses go, same as I do with any through rounds. But what happens if the officer doesn’t shoot? Is it then OK that he gets assaulted instead? Or maybe the officer should have let him go. Would that have been better? But since he’s returning to the scene where he had already assaulted someone….and we know he’s armed….and then he hurts or kills her? After the officer could have stopped him? Those what its go on forever.

    Again, I’m never happy that any OIS or non OIS shooting occur. Last I checked, we still can’t fix dead (only 1 guy could do that). But this guy made all of the decisions.

  • Common Sense

    @t

    When you want to read something interesting, look this up.

    Gelman v Buehler

  • certain

    Is lying so ingrained that you do it when the proof that you’re lying is right here on the same post?

    “he says he would have shot him for running away, but not for reaching for a deadly weapon.” – What lying ass-hat says I wrote.

    “I would have kept him covered, and kept yelling at him to get on his face. If he moved away from the truck at all, I probably would have shot him.

    And I’ll be the first to admit, he was probably going to move away from the truck, in attempting to run away, and I probably would have shot him.” – What I actually wrote.

    So exactly where did I mention reaching for a weapon at all?

    Freaking moron, go do a clean-up on aisle 5 or some other task you’re actually qualified for. Or should I give you the benefit of the doubt and just assume you’re really, really stupid and just have issues with reading and comprehension?

  • certain

    t, you’re more stupid than I ever imagined. You really going to state that the guy “didn’t instantly stop”. All the guy did once the shooting started was collapse, and you coward punk buddy emptied his clip almost before the guy could finish falling down. How about the last shot? You know, the one you clearly see striking him in the BACK, AFTER he had fallen down and could not possibly cause any further threat? I suppose that was called for as well, right? Or since the cop was already shooting, then no matter what any further shots are well and good? Like I said, just because you lying motherfuckers say it was legit, that doesn’t mean that anybody other than a cop or cop-buffer agrees.

    And, I notice that with all of the righteous shooting rhetoric flying around, none of you ass-chickens has had the balls to answer the question of whether the cops who shot the newspaper ladies should be arrested and charged. Well? Still trying to figure out some angle that makes it OK? LOL. 2 faced scum, and we’re supposed to feel safe with you turds “enforcing” the laws, huh?

  • t

    @ Common
    Are you Mr. Geoffrey Gelman?

  • certain

    “Is it then OK that he gets assaulted instead?” Instead of one of his uncontrolled spray of bullets hitting an innocent child? That’s a no-brainer, dim-wit. The cop wanted to be the big bad hero with the gunpowder powered penis. So he should absolutely take the hit rather than an innocent kid. Or are you really going to say that the cops safety is somehow more valuable than the kid? Right there is one of the main problems with this fucked up system we’ve ended up stuck with. Cops, who have already had it established that they are under no obligation to protect anybody, now think that their very existence is more important than everybody else. Officer safety indeed. Well, when things finally go too far (hopefully long after I’ve gotten the fuck out of dodge), we’ll see how that whole importance concept plays out. LOL.

  • t

    @ Certain

    I like you style !

  • dick

    I agree to a point with you underoath. But things could have been worse if he would of jumped out with a handgun or if the driver would have exited with a gun. Then the officer would of had no place to run for he was in the open. Also he could have easily been crushed going between the two vehicles. I’m just saying i would of been (gun drawn) ready for a double confrontation angle parked and behind the door. Either way you have a situation

  • t.

    Certain: yo shit brain. Look back at what I reference in your comment. You said you would have shot him if he was running away. Its OK if you want to change that. It denying is just more proof of your insanity.

  • t.

    Certain has certainly blown his fuse. He wasn’t ever very stable…..but now he’s lost it completely.

  • t.

    @dick: I’m sorry I missed your comment. If you were in law enforcement for 25 years and taught DT, I’m glad your out. The 21′ rule has been resoundly disproven. Its still a decent rule of thumb, but not only is it not proven fact, its disproven.

  • Chris

    Go fuck yourself NO COMMON SENSE!!! A knife, are your fucking kidding me? Good shoot? Did you see how far the COP was from the person he killed? At least 6 feet, and the COP has a gun. Gun against knife, who do you think is going to win? Hmmmmmmmmmmmmmmmmmmmm

    Question BADGE LICKKER: Lets say I have a pencil and you have a gun, are you going to shoot me? Who is the bigger threat the person with a pencil or the person with the gun?

  • certain

    No shit-for-brains. You claim I said I would shoot him for running away, but not for having a weapon. What I said (and meant) was that I would have shot him for stepping away from the truck if I though he had a weapon. I wouldn’t have assumed he was going to attack and opened fire before he even started approaching me. And I wouldn’t have kept shooting even after he had fallen down.

    Still waiting in the Torrance shooter question. (crickets)

  • oddball

    Usually I don’t agree with the officers on these type of things, however after reading the DA report and reviewing the video I notice something.

    In this case, the officer initially goes to put his service revolver away, which does show his state of mind as possibly him expecting to not have to use it, until the suspect begins to come out of the vehicle and it does appear to looks like he may have something in his hand.

    This does look like it MAY be justified in this case, although it is hard to say.

  • t.

    Certain: that maybe what you meant…clearly not what you said.

    And as for your question. Already answer on other threads. But as synopsis, I don’t have enough info to make that call, good or bad. Unlike you, I’m omniscient. From a distance, it sounds like it wasn’t good. But we don’t have all of the information to analize and make an educated decision. You apparently are willing to go with your gut reaction, and you’re welcome to do so.

  • thinkfreeer

    After watching the video and reading the report, IMO the officer was was legally justified, and wise to open fire. He was fully aware he was dealing with a fugitive gang member with a rap sheet, and knew he was likely carrying a throwing knife. The suspect clearly had no intent to comply with the officer’s orders. While it’s not clear to me that the suspect had a knife in his hand, his motions were non-compliant and aggressive.

    However, the suspect was down on the ground within a few shots. The officer should have paused to asses the situation, instead of almost unloading his entire magazine into the now victim. That was also not a good idea for the officer’s own protection, as he was now down to two rounds in the gun and other potential threats.

  • Common Sense

    No, I am not Gelman.

    And lets not forget, Ernie had meth in his blood system. He also had 9 prior felonies, and 3 prior misdemeanors. He was wearing a shealth for the knife and had a crack (meth) pipe on him.

    The report is quite detailed, seems Moody’s first 2-3 shots missed. It appears it wasn’t until th 5-6 shots that would be considered ‘incapacating’ shots. Within 5 minutes, medics arrive. Within 4.3 seconds, all 14 shots were fired.

  • Shawn

    @T

    No wonder cops are bad shots. You yourself clearly don’t care if you shoots innocent.

    “OK. 1 shot 1 kill…sniper style.”

    How about taking half a second to sight in before shooting again? News flash, bullets that miss don’t protect a cop. They only endanger others. There are too many incidents of cops looking over a hundred rounds inside a town and hitting the target maybe twice. Would you do that if it was your daughter back stopping your rounds? If not, is it now ok if it is someone else’s child?

    Buffalo Bill didn’t get his reputation because he was the fastest. He got it by maintaining control and ACTUALLY hitting his target.

    Attitudes like yours are a good argument for restricting ammo capacity. Maybe if all you have are six rounds, you’ll choose to control how fast you discharge them.

  • t.

    Your compreshion and reading skills need lots and lots if work. Maybe some community college courses or something.

  • Shawn

    @T

    “Someone above made the ridiculous statement of take 2 shots and wait.”

    Every gun safety person I ever heard of recommends the double tap. But then they understand this isn’t Iraq. Hosing a target makes sense in a military environment. But in case you forgot, you aren’t in the military and this isn’t Iraq.

  • spirit of 46

    let this be a lesson-they make and sell body armor for a reason

  • underoath

    So wait….is the complaint around here that the cop shot the guy or that he shot 13 times?

  • t.

    Shawn: Go ask more experienced people.

  • dick

    To T. The 21′ rule is very much accurate IF the officer has his gun holstered. If it is NOT holstered and at the ready as in this case then it doesn’t apply.
    Try to back up 21′ and have another person have a holstered weapon. While the attacker sprints 21′towards the gun, you will be lucky to remove your gun if you don’t know it’s being staged. been there and done it with a rubbber knife right in the chest.

  • http://www.badgeabuse.com badgeabuse

    Like I said before…LEO’s been doing it wrong so long they think its the correct way….then they say they never got the memo of the law change….

    LEO’s need better training

    I like to know at what point in life do you decide to join a worthless trade like a police force? don’t it make you feel useless? 99.9 % of all the LEO’s I know have 0 skills or any other JOB training to fall back on..

  • underoath

    What law change are you talking about? Regarding what law?

  • underoath

    Or are you talking in general?

  • dick

    want to kill people and beat people and get away with it for a living. get a badge.

  • underoath

    Want to put your ass on the line for people you’ve never met and have nothing invested in? Want to work long shitty hours including weekends and holidays? Want to have people hate you simply for the uniform you we

  • underoath

    Wear, without knowing a fuckin thing about you or who you are?

    Get a badge.

  • Ed D

    The first few shots (approx. 3-4) were made as Ernie was standing at the truck door with his back to the pig. Ernie was not making any threats or aggressive move toward the pig at the time the pig fired the first shots.

    When the first few shots hit Ernie, he immediately fell to the ground with his hands crossed over his chest in plain view. At that time Ernie was lying on his side on the ground, incapable of advancing on the cop and incapacitated. The cop continued to fire.

    Ernie then rolls over on his right side with his back to the pig, who then shoots Ernie in the back. Again, Ernie is on the ground, neither making threats to the pig or attempting to advance on the pig.

    Even if one should be generous and allow that the first 3-4 shots were justified (I am not so generous), the remaining shots fired at Ernie while he is on the ground, hands in plain view, and not a threat to the pig were excessive. Essentially, the pig executed…murdered… a man who was no threat to him from the time he fell to the ground.

  • t.

    Dick: No,offense, that’s very old thinking. That is some of that t.v. / movie influence. Bullets from handguns don’t have “man stopping power”. That’s all myth. Unless it is directly to the spine, brain stem,or breaks a femur or somehow physically disables them….they are still a threat. 21′ is a good rule of thumb, but is is a disproven “fact”. They haven’t taught it for more than 10 years in most departments (they still use it as a rule of thumb though). Space / distance and barriers are all very good things but not always available.

  • Chris

    This video makes me sick to my stomach! The COPS murdered that guy. And the COP got away with it. Then there touching his dead body.

    This bullshit needs to stop…

  • cookie

    When the guy first gets out of the truck, you can see both of his hands, and he is unarmed–the cop could see this also and did not shoot. But then, the guy made like he was going for something. Not a good idea to make movements like that when a cop’s got his gun on you, but he did, and he knew better. I think the shoot was justified, but probably didn’t need to empty his whole clip. Just scared, probably.

  • Tb

    Certain shut your inexperienced mouth about officers being cowards. You think you can spoon feed us your bullshit just like cops supposedly spoon feed you theirs. Say this officer got in a foot pursuit with the suspect and he stabbed the officer to death. He is a parolee which means he has been where? Prison… Do you understand what that means? It means he could be a possible trained killer. Have you ever seen how quickly a person can be killed or how quickly you can close a gap of 6 ft and stab someone? And to whoever made a comment about a pencil; yes a pencil is strong enough to be a weapon. So if the officer did not shoot the person armed with a deadly weapon (news flash CERTAIN knifes cAn kill people even if its a throwing knife, pocket knife or a pink one with shiny shit on it) and he ends up hand to hand combat with the guy with a knife and gets killed what are you going to say then? are you going to go up to his family and tell them he knew the risks when he took the job? And if the answer is yes, I hope somebody from his family would knock you the fuck out. We all deserve to live. sometimes others die in order to protect people from them. it’s a shitty choice that’s not easy to make.

  • Common Sense

    @cookie

    Read the report. They clear explain that Ernie was in fact armed when he exited. Even have stills to show it.

    Yes, Moody was in fear, that’s way he even tried to cycle an empty weapon.

  • Bluke

    It looked like it was justified, but, I don’t think he had to still be shooting his gun while on his radio…while the man is on the ground already shot several times. That’s over kill. Plus, firing 14 rounds next to two other unarmed people in the vehicle, plus people inside the house. You shouldn’t have to fire 14 rounds at 10 feet away from a person. Maybe if he had a firearm or a machete, but that wasn’t the case. He had a “Knife” that was in the bed of the truck. Pretty bullshit.

  • simpleton

    I’ve watched this video several times and it makes me hug my wife a little tighter each night I go to bed. The guy was no saint, but when I hear an officer say “I’m looking for the knife” it makes me sick. If he had a knife in his hands, it should be right there outside the truck. there should be no looking for it. Unfortunately, I am of the opinion that there was no knife initially. and one showed up magically. Good thing they cuffed a dead man because he was obviously a threat to their safety (while being dead). Cops are dumb, but they are smart enough to kill their target because dead men tell no tales.

  • Common Sense

    So the knife that he was holding, the one that went into the sheath that he was wearing, the one that can be seen in the stills in the DA’s report, are magic?

    ..you are simple.

  • t.

    CS: The truth can be ugly and painful. Many here are hurt by it.

  • simpleton

    @Common, yes, they are magic. Actually no, this particular case I believe, happens to be the first one in the history of law enforcement in which I think something was planted at the scene to exonerate the officers. Hmm, both driver and passenger don’t recall seeing a knife. I sure as hell can’t see one from this video.

    All that being said, the video breaks my heart because I’m a human being. But, if I were to be completely honest, I think this guy kinda wanted a suicide by cop deal.

  • Common Sense

    Actually the driver does, page 5.

  • Winston

    Shame the wife didn’t have a CCW and blow that pig’s brains out right there and then. Now THAT would have been justice!

  • Winston

    On the bright side, there’s no immunity to vigilante justice.

    I’m really, really, really, really, really, really, really, really, really, really hoping someone would track down John Moody and splatter his brains. Bonus points if it’s done in front of his family. Double bonus if the same happens to the worthless DA that exonerated him.

  • Winston

    Sorry for the triple post, but I’m just too upset.

    You don’t know how much I would love to see someone euthanize his piglets before putting a round between his eyes. We know what he looks like… if only the Death Note was real!

  • Tom

    Nice job of cuffing dead man.

  • Anonymous
  • http://copblock Goonie

    Ah Winston,couldn’t be more on the dot than that. I would pay to see a video of an Iraqi style beheading done to this cop. That would be justice. I’ve read all the comments on here and i think the people justifying the cop’s actions are dumb,blind and pathetic. To shoot an unarmed person that many times is such a cowardly act. It’s clear this guy wasn’t a threat, the people arguing he was, well their opinions reflect their own fearful mindset that this cop clearly shows in this video and is the cause of his overzealous, reckless behavior lacking self-control. Or plain and simple, “coward”. You can point out all the bullshit in the DA report but you’d be foolish to believe it. Could of been dealt with so much better.. This guy might of been a criminal and a piece of shit but that doesn’t warrant his murder. Can only hope karma gets this cop in the end in the form of his own accident, murder or illness. Just hope it’s slow and painful.

  • Senator

    While I agree that this should have been handled differently and I generally support what CopBlock wants to do, the man exiting the truck had a knife or knife shaped object, and did not appear to be “hung up” on anything.

    You can see it in his hand that was placed on the hood of the truck at 40-42 seconds.

  • B

    What is wrong with you fools here?
    Who cares if he had a knife?

    He is on his own property. He can have a machinegun if he wants, pointed at the damn cop if he wants, as long as he has a license. And for a knife he does not need one.

  • mitch

    I hope somebody kills that cop and or raids his home and takes one of his family members so he can feel what pain he’s caused….I hope someone close to him does it too which is why I trust no cops there all fake and wicked we need less cops more protecting of our own

  • calimarine

    As a former US Marine, Even in combat we cant shoot untill we are shot at. This is rediculous. Even with a knife a simple leg shot would suffice.

  • Jimmy Arzuaga

    No matter if he had a knife or not, the distance between him and the officer did not present a clear danger to said officer. The officer couldn’t have taken a step or two backif he thought that his life of in danger. If the person would have step forward than I could have justified the shooting. The fact that the parole violator did not move aggressive towards the police officer proves that the shooting was negligent and reckless on behave of the police officer.

  • Shemeka Sharonne Bell-Childs

    The officer who asked for a knife to cut his shirt off, you look closer that knife was put in truck once done. That I bet Is same knife they placed in evidence

  • Monica

    A cops job is hard enough. This guy came out of the truck all crazy after being ordered to remain still. Moody had every right to fear for his safety and shoot Ernie. If Ernie had cooperated, none of this would have happened. It’s his own fault he was shot. Thank you Moody for keeping us all safe from this guy!

  • Winston

    Monica, death is not something to joke about. Please take your trolling elsewhere.

  • TigersEye

    There is such a thing as restraint, which should be exercised at ALL times when carrying a deadly weapon in the line of duty. That is, or should never be, a subject for debate. This Moody exercised no restraint at all. He emptied the clip into the man at point-blank range. Yes, it *appeared* as if the man had something, a knife perhaps, in his right hand. He made no move *toward* the officer, however, which means no lethal force was necessary.

    I have friends who are cops who have been in similar situations, and have all said that there is rarely a situation where they felt like their lives were in danger, and even more rare is there a situation where deadly force is required. The fact that the cop kept pulling the trigger indicates two crucial possibilities: 1. He simply could not stop himself once he started – which opens a whole other can of worms. Or 2., he *wanted* to kill that man, or perhaps *any* man.

    Train a man to be a killer, teach him killer instincts and how to kill…he will want to kill, simply put. That is why the military is the lethal arm of the government, and police and investigators are the investigative arm of the government. Police should not be trained killers, nor trained killers police.

    There is no such thing as a “clean shoot.” Yet there isn’t a day that goes by that you can’t find a story in the media about a cop killing someone. We don’t have investigators policing our country anymore, but paramilitary units with more brawn than brains. It’s a sad – and very frightening – state of affairs.

  • Kevin

    You can hear the shooter\cop as about contacting his attorney sand then again his guild attorney after he moves out of sight. He is asked repeatedly if he is okay. Wouldn’t it be normal for an officer truly acting in self-defense to not be okay. If you are saying you are okay after killing someone (even if justified) there is something wrong with you.

  • Kevin

    You can hear the shooter\cop ask about contacting his attorney and then again his guild attorney after he moves out of sight. He is asked repeatedly if he is okay. Wouldn’t it be normal for an officer truly acting in self-defense to not be okay. If you are saying you are okay after killing someone (even if justified) there is something wrong with you.

  • xcopfriend

    KNIFE WAS PLANTED AFTER CUTTING UP SHIRT TRICK! I HEARD ABOUT IT AND NOW I SAW IT! WATCH THE COP WITH THE KNIFE CUTTING UP THE SHIRT… DONT TAKE YOUR EYE OFF IT…DID YOU SEE IT GET PLANTED IN THE BACK OF THE TRUCK??? REPORT STATES- KNIFE WAS RECOVERED WITH DNA OF THE VICTUM BUT NO PRINTS. WAKE UP EVERYBODY!!! THIS GUY HAS A RECORD A MILE LONG BUT DOES NOT LEAVE FINGERPRINTS???? ONLY SOMEBODY WITH GLOVES ON DONT LEAVE PRINTS… OOOOHHHHH MY GOSH!!! THAT COP HAD GLOVES ON!!! Y0U STILL THINK THERE ISNT A PROBLEM HERE? COPS CAN THINK UP ANY EXCUSE OVER TIME THAT FOOLS THE IDIOTS WHO BELIEVE THEIR ACTIONS ARE JUST… WHAT WILL THEY SAY NOW? WHY THE FUCK WOULD A COP CUT UP A GUYS SHIRT AFTER THEY SHOOT HIM? IT IS OBVIOUS THEY HAD NO CONCERN FOR HIS SURVIVAL, SO CUTTING OFF HIS SHIRT TO AID MEDICAL IS A JOKE! IT IS ALSO A VIOLATION OF DISTURBING A CRIME SCENE. CAN ANYBODY HONESTLY TELL ME IT IS POSIBLE TO HIDE A 8″ KNIFE IN A T SHIRT? I CAN SEE CUTTING HIS PANTS LOOKING FOR IT IN A POCKET ETC BUT WATCH THIS COP, HE AINT LOOKIN FOR A KNIFE! HES GETTING THE GUYS DNA ALL OVER IT SO THEY CAN PROVE A KNIFE WAS INVOLVED. THERE IS NO CLEAR PICTURE THAT SHOWS A KNIFE AND THE ONLY KNIFE FOUND HAD NO PRINTS FROM THE VICTUM WHO THEY CLAIM HAD IN HAND AS HE WAS SHOT… HE WASNT A THREAT WITH HIS BACK TURNED, NOR ONCE HE LAID DOWN FATALY SHOT,,, I AGREA THE COP HAD A CLOSER LOOK AT WHAT WAS IN HAND BUT THE BULLETS STARTED FLYING WHEN THE KNIFE WAS NOT EVEN POINTED OR EVEN VISABLE BY THE COP WHO SHOT. THE ONLY KNIFE THAT HAD TO DO WITH THIS WHOLE MURDER IS THE ONE THAT CLEARLY GETS PLANTED IN THE BACK OF THE TRUCK TO COVER THIS WHOLE THING UP BECAUSE THEY HAD NO REASON TO SHOOT… THESE COPS COVER UP THERE FELLOW THUGS, AND THE DA WILL COVER IT UP THE REST OF THE WAY AS THEY ARE BUDDIES TOO,,, THE JUDGE EITHER LOOKED THE OTHER WAY OR IS AN IDIOT OR ANOTHER MURDERER,,, COVERING IT UP FOR YOUR FRIEND MAKES YOU JUST AS BAD AS HIM. MAYBE THAT CRACK (METH) PIPE WAS IN HIS HAND… JUST THE FACT THAT THE COPS SAY SHIT LIKE “KEEP IN MIND, HE HAD A PIPE” WHAT THE FUCK IS THE POINT? THAT PIPE HAD NOTHING TO DO WITH WHAT HAPPENED HERE. IF YOU COPS THINK YOU CAN JUDGE A MAN AND DETERMINE HIS RIGHT TO LIVE OVER A PIPE, ATLEAST KNOW SOMETHING ABOUT IT ASSHOLES A CRACK PIPE AND METH PIPE ARE NOT EVEN CLOSE TO THE SAME THING! I KNOW THIS BECAUE I WAS HOOKED TOO, BUT I NEVER HURT ANYBODY OR BECAME VIOLENT AND WAS NEVER A THIEF. I MYSELF AND HUNDREDS I HAVE MET THAT YOU COPS THINK ARE DOGS WITH NO RIGHTS… WE HAVE SOBERED UP AND NOW DEVOTE OUR LIVES TO PROTECTING AND SERVING PEOPLE AS WE KEEP OTHERS OFF DRUGS. THATS RIGHT, HUNDREDS OF US PEICES OF SHIT TURND OUR LIVES AROUND AND HELP OTHERS AND ARE GOOD. THIS MAN WILL NEVER HAVE THAT CHANCE, HE HAD MOST OF HIS LIFE AHEAD OF HIM AND YOU ROBBED HIM IN SICK CRUEL WAY WITCH HE HAS NEVER DONE ANYTHING TO THIS EXTENT,, AND HIS PAST CRIMES HE DID HIS TIME, AND IF YOU WOULD OF HANDLED THIS RIGHT HE WOULD HAVE DONE MORE TIME FOR RUNNING AND YES, NOT SMART! BUT IT WASNT THOUGHT OUT NOR WAS HE TRYING TO DISRESPECT YOUR PRECIOUS PRETTY BOY EGO’S YOU COPS! IT IS A REFLEX FOR SOME,,, A NATURAL THING FOR A HUMAN TO DO TO AVOID HARM TO HIMSELF… GOING TO JAIL FOR A LONG TIME ONCE AGAIN, YES HE DESERVED JAIL BIG TIME!!! BUT YOU FUCKING COPS WHO GET ALL BUTT HURT OVER SOMEBODY WHO DONT FOLLOW YOUR ORDERS WHEN YOU COMAND THEM TO “LAY DOWN N STAY STILL WHILE WE JUMP ON YOUR BACK, STICK OUR KNEES IN IT, YANK YOU AROUND LIKE A RAG DOLL AND SLEP CUFFS ON YOU SO TIGHT AND LAUGH AS YOU SCREAM IN PAIN, THROW YOU IN A CELL FOR A YEAR AND GET TREATED LIKE DOG SHIT… GET A CLUE HOW HARD IT MIGHT BE TO OBEY ORDERS FROM PEOPLE LIKE YOU WHO DO NOT TREAT ANYONE HUMAN THAT IS ADDICTED TO A PIPE. HERE YOU ARE COAUGHT ON VIDEO ACTING LIKE THUGS, AND CRIMINALS COVERING IT UP,, AND STILL YOU WALK FREE… SOME PEOPLE HAVE NO IDEA HOW OFTEN THIS HAPPENS. THE BRUTALITY IS CRAZY! THERE ARE GOOD COPS AND BAD COPS AND A FEW THAT ARE ACTUALY STILL IN IT TO SERVE AND PROTECT. THIS IS A GOOD EXAMPLE OF THE BAD WITCH HAS BECOME THE MAJORITY BECAUSE OF THE FACT,,, THEY GET AWAY WITH MURDER AND ARE NEVER FAIRLY TRIED FOR BRUTALITY CRIMES,,, EVERYONE JUST COVERS IT UP… MAKES YOU WONDER WHY SO MANY COPS GET ATTACKED, AND KILLED… THERE IS NOTHING THE LAW DOES TO STOP POLICE BRUTALITY AND SELF DEFENSE IS A CRIME NO MATTER WHAT THE SITUATION. THE VERICT OF THIS MURDER COVERUP BASICALY JUST TELLS COPS TO GO AHEAD, PULL THE TRIGGER, BEAT THE F OUT OF ANYBODY WHO BREAKS THE LAW, THEY DONT DESERVE RIGHTS OR A LIFE AND YOU CAN MAKE THAT CALL BECAUSE YOU HAVE THAT BADGE AND GUN.

  • Tim

    He Did not have any weapon’s Viewable ..The Cop asked for a Knife in which another Officer supplied One ..He DID then cut the subject’s shit and then place the same knife on the Truck…Some of you people are Idiot’s …Watch the video again..

  • vinnybarbin223556

    Ok lets set the record straight here. Ernest Manuel Duenez was a convicted felon on parole and on the run for felony parole violation for close to a year. Convicted of Rape, Assault with a deadly weapon, Felony for evading arrest, Possession of controlled substances, Possession of stolen vehicles and Burglary. Prison record as follows: 1996-Felony 459 1st – probation. 1997-Felony 261.5c-3 years prison. 2001-Felony 11377-1.5 years prison. 2003-Misdemeanor 148(x) and Misdemeanor 14601(a) 2004-Felony 2800.2, Felony 10851, Felony 496D, 2009-Felony 245(a)(1), Felony 10851, Felony 186.22 -4 years prison.
    On June 8, 2011, officers of the Manteca Police Department were looking for Ernest Manuel Duenez, a Parolee at Large (PAL) and a primary suspect in an earlier domestic disturbance armed and dangerous. Duenez was known to be located in the back “jump seat” of a blue Nissan extended cab pickup truck, armed with a throwing knife. At approximately 6:45 p.m., Officer Moody saw Duenez in the back “jump seat” of the pickup. After ordering Duenez to not move four times or he will be shot, Duenez attempted to get out of the pickup disobeying the officers instructions. As he was standing on the floorboard of the pickup with his left hand on the right passenger door and his left hand on the roof of the pickup, he turned toward Officer Moody. In his right hand, Duenez had an 8-inch, fixed blade knife (blade is approximately 4 inches long). Officer Moody fired 13 rounds at Duenez. Duenez is struck and dies. Criminals under these circumstances are desperate because they do not want to go back to prison and will do almost any thing to keep that from happening including harming or killing those trying to apprehend him. At this point the officer had no choice but to defend himself of possible harm. Hell I wouldn’t take any chances with this known thug. Nuff said.