Archive for the 'Milwee Middle' Category

Lawsuit filed by Christopher Penley’s parents thrown out

Parents of Milwee Middle student who was fatally shot lose in court:

You may remember the story a few years back about 15-year-old Christopher Penley from Milwee Middle School in Florida. He was the kid who took a realistic looking pellet gun to school and used it to hold a student hostage then had a standoff with police.

In the ensuing standoff Penley pointed the gunh at police and was shot by Lt. Mike Weippert. Penley later died in the hospital after being declared brain dead. Weippert was cleared of any wrongdoing.

Penley’s parents had filed a suit against the Seminole County Sheriff’s Department however a U.S. district judge recently threw the suit out of court.

U.S. District Judge Gregory Presnell on Monday issued a summary judgment, saying that Penley’s family was not entitled to any money from the sheriff’s office or Weippert.

Neither violated the boy’s constitutional rights, the judge wrote.

Weippert was within his rights to pull the trigger, the judge wrote, because he believed the boy was on the verge of shooting Weippert or someone else.

Again I feel bad for the Penley family but Christopher sealed his own fate by pointing the gun at police. That shooting in the shoulder stuff is only in TV and movies. In the real world police are taught to aim for center mass.

Penley shooting ruled lawful

State: Shooting Of Student With Gun Was Lawful:

Some of you may remember the unfortunate death of Christopher Penley. He was the teen from Milwee Middle School in Florida who was shot by a police officer after pointing what looked like a real gun at law enforcement.

The state has ruled that the shooting by the deputy was indeed within the law.

Was lethal force justified?

Some Question Whether Deputy Was Justified In Shooting:

Some people have been leaving comments on my site asking if lethal force was justified in the police shooting of Christopher Penley. Maybe this article will answer some of those questions…

Mike Weippert received the Purple Heart after he was stabbed in the line of duty and needed more than 200 stitches on his face. Ten years later, Weippert is again being attacked, this time for his use of lethal force on a 15-year-old student.

“Twenty years on sheriff’s office, 17 years on SWAT. It’s a difficult situation for a lot of people,” said Sheriff Don Eslinger.

The decorated SWAT member, who volunteered to talk with elementary and middle schools, isn’t talking. But others are wondering out loud, why not a Taser instead of a gun?

“I understand the distance wasn’t conducive to the utilization of a Taser and, plus, when I guess a firearm is pointed, a Taser is not necessarily the most appropriate means to deal with that,” Sheriff Eslinger said.

Now I’m not a cop but think about it. Christopher Penley brandished an authentic looking gun. Before the standoff with police he had held another student hostage. Then when confronted by police he held the gun to his own head then raised it at police like he was going to fire. The police had no way of knowing if the gun was real or not even if Christopher Penley’s father did get word to them. His dad can say it’s a fake but there’s no real way of knowing until the weapon is in police hands. And even if the distance was conducive to using a taser if an officer used a taser on an armed subject there’s no way to guarantee the suspect wouldn’t pull the trigger firing wildly.

It was an unfortunate and tragic incident but I think the police did the best job they could.

Dad tried to warn police of fake gun

In my blogging about Christopher Penley, the 8th grader from Florida who was shot by police while brandishing a pellet gun, I left out an important item. Christopher Penley’s father, Ralph Penley, tried to warn police that the gun is son was carrying was fake…

Eslinger said Friday it wasn’t until after the incident that authorities realized the weapon was only a pellet gun. But Nation said Saturday Ralph Penley told authorities it wasn’t a real gun on a cell phone as he rushed to the school after hearing of the incident. Nation said police wouldn’t let Ralph Penley inside when he arrived.

“If Christopher was alive and (Ralph Penley) was able to go into the school, he would’ve been able to talk him out of it,” Nation said. “He did everything he could to avoid this situation.”

However, Nation said he didn’t know the precise timeline of events, including whether Christopher had died before Ralph Penley arrived. He said he’d be investigating the incident further.

Seminole County Sheriff’s Lt. Dennis Lemma said Sunday the department had no immediate comment on Nation’s statement.

However, the Orlando Sentinel reported Sunday that Eslinger said Ralph Penley wasn’t told of the events until after his son was shot.

“It’s a total misunderstanding,” Eslinger told the newspaper.

Source.

Christopher Penley pronounced dead

Student carrying pellet gun shot by cops declared dead:

Christopher Penley, of Winter Springs, was officially pronounced dead at 4:57 a.m. Sunday, the Seminole County Sheriff’s Office said in a statement posted on their Web site.

Penley had been brain dead since about 10:30 a.m. Saturday morning, but was kept alive so his organs could be harvested, said Mark Nation, a lawyer for Penley’s parents.

8th Grader Shot By Police is Brain Dead

Student Shot By Deputies Clinically Brain Dead:

The 15-year-old boy shot by police while brandishing a pellet gun in his middle school was clinically brain dead Saturday but was being kept alive to harvest his organs, his family’s attorney said.

Christopher Penley was expected to die Saturday night or Sunday, family attorney Mark Nation said.

A little more on the motive behind Christopher Penley’s actions…

Friends also said Penley was suicidal – unhappy and bullied by several kids at school. He had run away from home several times, Kelly Swofford said.

“He said he had something planned,” her 11-year-old son Jeffery Swofford said.

Jeffery said Penley told him at breakfast Friday morning, “I hope I die today because I don’t really like my life.”

My thoughts and prayers are with the Penley family at this time.

Eighth grader was armed with a pellet gun

8th grade student had pellet gun, on Advanced Life Support:

It turns out that the eighth grade student that was shot by Florida law enforcement for brandishing a firearm at them was using a pellet gun…

“He was suicidal,” Eslinger said Friday morning, and while deputies attempted to establish a dialog, he raised his gun to his neck and said he would kill himself or “die one way or another,” Eslinger said. When the boy raised the pellet gun at one point, a deputy shot him, apparently unaware it wasn’t a real gun.

Now the kid is on Advanced Life Support and might die. I hope you kids remember this if you ever think about bringing a gun, real or otherwise, to school.

Eighth Grader Shot In Standoff

Deputy Shoots Eighth-Grader:

An eighth grader from Milwee Middle School near Longwood Florida was shot by local law enforcement during a standoff at the school.

Investigators said students at Milwee Middle School on 1341 South Ronald Regan Blvd., near Longwood, Fla., noticed a Beretta gun in a backpack of a student at about 9:30 a.m. Friday.

The two students confronted the boy and a fight broke out, officers said. The two students then told a resource officer.

When the officer confronted the boy about the gun, he fled and was eventually cornered near a bathroom on campus.

“During the situation the student said he was going to kill himself or die, one way or another,” Seminole County Don Eslinger said. “Deputies attempted to establish dialog. He raised a firearm and lethal force was used by the sheriff’s office.”

The student was transported to a hospital with life-threatening injuries. Several reports indicated that the boy had died from his injuries but those reports were not confirmed.

According to this article the student pulled the gun in class and held another student hostage.



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