04 May 2008

KingCast asks, "Did Bruce McKay flip his gun to Gregory Floyd as Floyd was exiting his truck?"

Just a logical question to ask as noted in yesterday's seminal post about the location of the McKay .45 casings, which is appreciably south of where McKay and Liko intersected as you can see by the steady, even blood spatter that goes directly across the road to the McKenzie driveway. Now someone in McKay's situation might flip his gun to a total stranger if he perceived the stranger was coming to his aid, yes anything is possible. It doesn't seem that he could have just dropped it though because of the casings....... Heck I just want to know WTF really happened out there and exactly how, but for some reason our government is less than forthcoming about that. Regardless, the KingCast 'A' game is still on.

Was McKay right handed? We know Floyd is because that's the hand he led with as he tried to bum rush Yours Truly while brandishing a deadly weapon, but don't take my word for it. Look at the picture I was taking of him when someone took a picture of me taking a picture.....

Related post: I told you a long time ago -- back on 3 June 2007-- that this was going to be important in the post "KingCast asks, how exactly did Shooter Floyd acquire Bruce McKay's service weapon in the Franconia Notch shooting tragedy?"

19 comments:

Christopher King said...

Interesting when I went to the link on the 16 April post about Floyd bum rushing me with the cane I went to the WBZ-TV link to watch the footage again. As I read the story two things jump out:

1. They say Floyd was arrested for selling marijuana in Georgia. Why would they write that when in the same exact case it's clear that it was marijuana AND PCP. Was Floyd at one point (or heck, even now) a regular smoker of PCP because that could cloud his judgment, and we know his judgment is clouded if he believes that the Kenneys are running drugs to Sgt. Beausoleil as he screamed in the hallway. Similarly his judgment and rationality could have been compromised on 5/11 too.

2. The way they "cover" the 2003 Fox Hill Park violation of Liko's Fourth Amendment Rights is patently slanted.

"Cruiser Video Shows Fight With N.H. Cop & Shooter."

Fight? I saw Liko standing there asking not to be touched and two other officers at McKay's direction forcibly take him down. Hello.

They then say Liko "began firing questions" at McKay.

Liko asked McKay WHAT HIS NAME WAS dammit.

And McKay, assy as always, refused to answer.

Just the facts.

PS: At the end they offer their observation that the "25 minute tape supports McKay's version of the events."

How? You can't see McKay punch Liko in the face because the cops took him down behind his mother's car, away from the camera. And the video also shows that McKay detained Liko and blocked his egress without Probable Cause and that's a Constitutional Violation.

But don't ask me. Ask Judge Cyr and read his rulings on the Fox Hill Park arrests right here.

See generally Terry v. Ohio 392 U.S. 1 (1968), State v. Pellicci, 133 NH 523 (1990) and Berkemer v. McCarty 104 S.Ct 3138 (1984).

Anonymous said...

don't forget the use of force report when McKay says he punched 'through' Liko's Head. we've gone there before, it is still an interesting verb, considering the hospital visit.

Anonymous said...

through isn't a verb, my bad. what is it? a preposition?

Christopher King said...

7:09

Survey says "through" is indeed a proposition. When in doubt ask a rhetoric minor =^.)

On your substantive points, a few things:

One, there was no "Use of Force" report as required by law, but Chief Montminy in his Affidavit
wrote that McKay included the elements of one in his narrative arrest report which was allegedly seized by Kelly or the State Police.

Two, I don't recall that exact phrase.... Here are the reports as thumbnailed in this post.

I see on p. 3 where McKay lies about Liko and says he "began to retreat across the parking lot," when in point of fact he was pretty much just standing there, asking not to be touched and at worst just trying to avoid an unlawful arrest. See State v. Sansalone, 71 Ohio App. 3d. 284 (1991).

I read on p. 3 where McKay wrote that he "drove [his] fist into the left side of Liko's head."

Where did you read your passage?

McKay also lied on p. 1 of the report where he says "when I gave him my name I then asked him his...."

Bullshit. McKay never gave Liko his name, as the whole video and Liko make more than clear at 32 seconds in the second video linked here that WMUR failed to put on their YouTube site....

"All because I asked you a question..."

Anonymous said...

yes drove was the verb. thanks for thumbnailing that report. He drove his fist into Liko's head, yes that was it.

Christopher King said...

8:08

No worries.

Well that's not exactly true. I am extremely worried about our government and its role and (in)actions in this case.

Anonymous said...

"yes drove was the verb. thanks for thumbnailing that report. He drove his fist into Liko's head, yes that was it."

In New England "talk", the word "drove" is far more intense than "punched". I believe this is the point that was intended by the poster. Correct?

Christopher King said...

8:02 seems like it to me.

Here's an interesting quote from someone at the short film site:

"I watched the shooting video. He sprayed him then just walked away.If he had reason to arrest him he wouldn't have walked away. The people in his own town didn't even like him. Watch the video where the shooter is being arrested previously.

If he was doing something wrong would he be asking for the state police for protection? He was scared for his life. That cop got exactly what he deserved and it should happen to every cop that acts this way. I think cops should watch this as a warning."

Anonymous said...

8:02 yes. drove seems much more intense. Also McKay's assertion that Liko says I could have bitten off his testicles, I believe only confirms Liko's statement in the back of the cruiser... "you put your balls in my face you fucking faggot"

To cut to the chase, I Believe Liko was assaulted that night, not the other way around.

Christopher King said...

9:34

Exactly. Kelly and the media successfully used Liko's level of tension and his agitation to mask the fact that

1. There was likely a Constitutional violation at hand,

2. McKay/other LE were at all points in time the physical aggressor, even from the time he goes to pull his OC spray and Liko says "oh no you don't" to the point where they come in and he keeps saying "don't touch me, don't touch me."

ALL THEY HAD TO DO (and what they should have done) was asked McKay WTF is going on.

Then McKay says "Nothing, just checking the young man's license."

Then they say "Go ahead Bruce, get on with it."

Then Bruce finishes the license check and Liko is FREE TO GO.

I'm so pissed off about this whole case it is going to be a life long endeavor.

I need to take a walk with the girly, get some lunch, breathe. And wait for my film maker to finish doing his thing with the Right Channel audio from the Original Dash Cam.

You know if Kelly doesn't provide it as I asked for it, I can sue for it and that's going to get interesting because it will all go back to the law of Hawkins v. DHHS and how they failed to establish a protocol for electronically-maintained evidence, which was the whole point of the Right-to-Know Commission/Oversight Committee:

Kelly will likely argue that they have to "create" it, and I will argue that:

a) they should have already "created" it pursuant to their "investigation" to determine any and all audible evidence,

b) they are not creating anything just pushing sound on what is already created.

Check in later, folks. Still bringing the 'A' game.

Peace, Love, Aloha, Namaste.

Anonymous said...

Terry v. Ohio, McKay was checking on a suspicious m/v, needed to identify the driver or community care taking checking on the welfare of the driver of the vehicle, once contact was made he would be required to check identity of driver. So which ever way you want to spin it, McKay had a right to ask for identification. Liko got out of the vehicle started asking for his license back, just started being a real pain in the ass, McKay asked Liko to go back to his car, multiple times, then tells him to get back into his fucking car. If you look up the statute for disorderly conduct, by liko not going back to his car he is in violation, and arrestable offense. McKay attempts to apprehend, Liko pulls away, second offense, resisting. So, by my account Liko was not free to leave after the officer arrived. If Liko had acted rationally, it might have played out like you had written.

Anonymous said...

Is it funny that Liko yells about a molestor cop and then gets balls in the face? '03 = McKay as predator and Liko as prey.

Red flags should have been flying!

Anonymous said...

After watching the Sarah OC tapes, and the Liko tapes, I have no doubt that Terry vs. Ohio was an MO, a raison d'etre if you will. you can almost hear McKay's enjoyment of this legalized torture. how many times, how many victims? 300 tickets a year? Oh My!

Christopher King said...

12:34

I can deal with you in one sentence, which proves you have not read any of the case law I set forth:

There was nothing suspicious about Liko and his vehicle other than in McKay's robocop self-absorbed mind, the same mind that led him to try to give Bode a goddamn ticket at his house, based on hearsay.

Now granted, that was a bit of a run-on. Perhaps you should run along now as well, having proved yourself to be an asshat.

The door prizes are on the left.

Christopher King said...

BTW later tonight I will blawg today's events as I just visited the Boston Public Library to see the "Choosing to Participate" Exhibit that features Cambodian/White Mountain refugee Arn Chorn-Pond. I am writing this post from the info. desk because the guy here is cool like that, "You go ahead Mr. King you can use our info. desk for that."

As we had left the library at first before I came back for this post, we got to hear a couple of songs by The People's Party from their urban assault stage vehicle, a big black Ford 550 with built in stage. They are awesome, 2 horns, bass, electric violin, videographer and all of that.

Orlando the drummer went to high school at Lutheran East, at the end of my street about 1,500 feet from where my family lived from 1970-2006. Truly a small World. We jammed out for a few, it was totally righteous.

Then the cops came and kicked them out for not having a permit.

Namaste.

Anonymous said...

Chris when you ask did McKay flip his gun to Gregory Floyd, was that within Franconia policy, or would that have been the seventh violation of town policy.... for example is arming a felon acceptable in Franconia? that whole Floyd wrist band kind of gives up the ghost on that one, but what of it? Can an officer give his weapon to someone else to kill another?
How did Floyd get the gun Kelly? something doesn't jive.

Christopher King said...

2:59

On that question I am going to give McKay the benefit of the doubt. Once shot -- as a result of him scaring the hell out of Liko and Caleb -- he then was lawfully able to take measures to try to protect himself.

What we do not know however, is whether he issued any kind of command to Floyd when he tossed the gun.

For that matter we don't know for certain if he tossed the gun, perhaps Floyd ran and got it from him near Liko's car then ran back to the Shootermobile to tell Junior to call 911 if he had not yet done so.

Then he turned and started shooting from just to the north of the shootermobile.

In any event two things come to mind:

1. Floyd still started shooting from well away from Liko so he didn't say a damn word to him before he started shooting. Obviously he didn't shoot him first and THEN put the bullet in the barn and in the windshield, duh.

2. If Floyd was running around he really doesn't need that damn cane so much he he lets on, and everyone has seen this picture proving as much.

Not sure if we will be able to amplify sound enough to get any conversations outside the Tahoe but maybe we can get the gunshot sequences......

Hey Kelly, you want to help with that?

Nah, I'll venture prolly not.

Anonymous said...

Neither cop saw Liko grab McKay's crotch in 03. They did see McKay punch Liko in the face. Furthermore, I find it quite interesting that the one cop wanted it to be noted (not heard on video) that Liko said he didn't want to be left alone with McKay because a 13 year old girl he knew said McKay had raped her. Liko was never known for feeling up the guys crotches but McKay sure got in to it. Liko always maintained that he never grabbed McKay but that McKay shoved his crotch so hard in his face he could not breath. No one laughs like McKay did in that cruiser when Liko disputed doing so. I have never known ANY man that thought getting grabbed, kicked or hurt in the testicles intentionally as funny - ever. It hurts like hell and is a pure violation and sexual assault. It is meant to degrade a man. That is no laughing matter. Get real.....Liko didn't do it.

I want to know where the rest of the tape is that would show them taking Liko to the cruiser. That whole section seems to be missing.

Christopher King said...

3:50

I am going to ask for that missing section after I evaluate exactly where it is but I think you're right that there is a missing section that would have been on the dash cam.

Also I never had anyone hurt my sack but I've done it myself off the MTBike twice and I'll say it's nothing that you laugh about, your whole World is rocked. And if someone had done it to you and then denied it you don't laugh. You say "Yes you DID M-F yes you DID."

Plus I need to re-read some of those reports from the other two officers because I don't recall them noticing Liko grabbing McKay in the balls either.

Another request for the full 2003 arrest video may be issued tomorrow after my review of what we have.

You newbies watch what we put online here that the State did not provide. The question is whether the State even gave us everything in Kelly happy little fun pak.