Nov 2025. Blues Vol 41 No.11

been close enough so

been close enough so that Burchhad the easy ability to touch thefirearm. The show of force wasunreasonable.OFFICER-INDUCED JEOPARDYIf the deployment of the Taserand show of force with thefirearm were unreasonable - acompelling argument could bemade that the eventual use ofdeadly force was caused by thedeputy.The argument is that - But-forthe actions of the deputy, unnecessarilyescalating the incident,deadly force would not havebeen necessary.Think of an officer that jumpsin front of a moving vehicle,then shoots the driver, and laterclaims that they had to usedeadly force as the vehicle wasbearing down on them.Officer-Induced jeopardy is areal concept that courts and theadministration of the Sheriff’sOffice will consider.What was he thinking?While the deputy was deployingthe Taser and approachingBurch with a drawn firearm -Burch, just smiled and stated,“Come on motherfucker”. Heappeared to be enjoying thisaltercation.Swiping at and reaching forthe deputy’s gun…What did he think was goingto happen?RETIREMENTWhile writing this article Ilearned that the deputy hasretired. That is probably a goodidea. The retirement will notaffect the criminal or administrativeinvestigation.And, for those who will undoubtedlywonder why he was“allowed to retire”. Retirementfor government employees is amath problem - nothing more.Once an employee has met the“years in service” requirement- they are eligible to retire andcollect a predetermined pension.The regulations around this areoften governed by state law andan otherwise eligible employeecannot be discriminated againstdue to a violation of policy oran imperfect reaction during anintense incident.FINAL THOUGHTSI do believe that the jeopardythe deputy ultimately foundhimself in was “officer-induced”.The evidence supports the notionthat the tactical errors ofthe deputy, in combination withthe creepy defiance of Burch- caused this to unnecessarilyescalate.The deputy likely violateddepartment policy and trainingstandards.However, the deputy is notobligated to allow Burch to takepossession of his firearm - justbecause he made tactical errors.The deputy made several tacticalerrors. But, attempting to disarma law enforcement officeris a felony. There is a stark legaland moral difference betweencommitting a tactical error andcommitting a violent felony.OPERATION BLUE SANTADONATE TODAY TO BLUE SANTAFUNDRAISER IN GALVESTON COUNTYCLICK HERE TO MAKE A DONATION20 The BLUES NOVEMBER ‘25

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