Friday, April 3, 2009

Ivory Webb Jr. revisited - and no, it's not double jeopardy

Remember Ivory Webb Jr., the cop who was arrested for excessive use of force but was later acquitted? Well, he's still fighting the case on the civil end:

A federal judge has rejected a motion to dismiss former San Bernardino County sheriff's deputy Ivory Webb as a defendant in the civil case brought by Airman Elio Carrion against Webb and the county.

Carrion was unarmed and lying on his back when Webb shot him three times in January 2006 following a high-speed chase that ended in Chino.

Oddly enough, it was Carrion's attorneys that wanted to dismiss Webb from the case:

Carrion's attorneys moved to dismiss Webb from the civil case in January because Webb, who was fired from his position at the sheriff's department following the incident, declared bankruptcy last year.

If this would have happened, then San Bernardino County would have been the sole party on the opposing end of the case. And they didn't like that:

Attorneys for San Bernardino County opposed Carrion's motion on the grounds that Webb's bankruptcy does not necessitate his removal from the case.

The county also argued that Webb must remain on the case because he must be available to testify or give a deposition about his sheriff's department training.

You see, it's all about the money, which is why bringing the same incident up in both criminal and civil court does not constitutionally constitute double jeopardy.

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