Criminal attack? You're on your own.

My first article for American Thinker, on 12-13-23, was The police won’t protect you; you’re on your own. It was about Castle Rock v. Gonzales (US Supreme Court, 2005).

On June 22, 1999 at 5:00 PM in Castle Rock, Colorado, Jessica Gonzalez’s three daughters, 7, 9, and 10, were playing in her yard. Violating a custody agreement and restraining order her estranged husband took the girls without her knowledge. At 7:30 PM Jessica called the police. She showed them copies of the custody agreement and the restraining order and begged them to return her daughters, but they told her they could do nothing and to call again at 10:00 PM if the girls weren’t home.

Why 10 PM? Shift change. It’s a common tactic officers use to push onto the next shift calls they don’t want to handle.

Jessica spoke with Gonzalez by phone at about 8:30 and again called the police who again did nothing. She called them again at 10:00 and midnight. Still nothing.

Still unable to find her estranged husband and her daughters, Jessica called the police at 1:10 AM. They promised to send an officer but didn’t. At 1:50 AM she went to the police station and begged them to make an incident report. The officer taking her complaint finally did something: he went to dinner.

At about 3:20 AM, Gonzalez arrived at the police station, and with a handgun he bought hours earlier, opened fire. The police finally did their duty and helped him commit suicide by cop.

A short distance way, they found Gonzalez’s pickup, and in it, the bodies of his daughters murdered hours earlier.

Jessica sued and the case wound its way to the Supreme Court, which ruled police have a duty only to the general public to deter crime by their presence and to investigate it after it occurs. They owe no duty of protection to individual citizens.

It sounds callous, even crazy, but who would become a police officer if they knew they’d be sued by people about who they had no knowledge or ability to help? What city could afford a police force?

Graphic: Screenshot of unidentified surveillance video

In March of this year, in Miami, there was another stark reminder that when it comes to preserving our lives and the lives of those we love, we really are on our own. An unidentified driver apparently got into an argument at an intersection with two “bicyclists,” as the article termed them. The driver got out and walked to a nearby police car, all the while dogged by the bicyclists. He spoke with the female officer and when walking back to his car, was attacked by a group of as many as seven additional “bicyclists,” who brutally beat him and damaged his car as the officer remained in her car and watched.

Unknown others tried to stop the attack, eventually, backup officers arrived, and she  joined them. She has been suspended pending investigation.

Remember, officers can’t be sued for failing to intervene, but depending on agency regulations and state laws, they might be disciplined, even fired, for negligence.

The article also noted roving gangs of “bicyclists” have plagued Miami with attacks of this sort. From the screenshot photo, one might reasonably believe there was a racial component to this, and other, attacks and the bicycles are more about a speedy means of escape in an urban area than exercise or lifestyle.

To be fair, the female officer was in a very bad position. She was damned if she did or didn’t. At seven or more to one, she could easily have been overpowered. She could have been disarmed and shot with her own gun.  Some 80+ of cops who lose their guns are shot with them. 

She could have reasonably believed the victim was in imminent threat of serious bodily injury or death, giving her lawful cause to shoot, but she might have had to shoot more than one, perhaps all. In a place like Miami, she might have known she would have been arrested and prosecuted because the attackers were black, perhaps juveniles. It’s likely she knew she was damned no matter what she did and opted, sanely, for self-preservation.

The police have a saying: “when seconds count, the police are always minutes away.”

This case also points out that even in a major city, there are very few police officers and far more criminals. Time and distance matter. We have no idea how long it took other officers to respond, but we know beyond any doubt one can be severely injured, crippled for life even killed, in seconds. 

Most cops love to catch criminals in the act. They take their duties seriously. They also know they can’t, and aren’t required to, protect everyone. Now you do too. You also know we’re on our own and always have been.

On a different subject, if you are not already a subscriber, you may not know that we’ve implemented something new: A weekly newsletter with unique content from our editors for subscribers only. These essays alone are worth the cost of the subscription

Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor. 

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