According to police, that's when Kenney shot the officer four times and the proceeded to run the officer over with his car.State Attorney General Kelly Ayotte said a passer-by, Gregory Floyd, 49, witnessed the incident and rushed to the officer's aid. But he got 15 days in jail, time served, when McKay asked for leniency, according to St. Hilaire. Winds light and variable. The father of a man who killed a police officer in Franconia, N.H., before being killed by a passerby in 2007 has lost in his latest attempt to sue the town. Here you'll find our latest collection of Caledonian-Record reports on the coronavirus outbreak and local response, from the beginning of May. © 2007 CBS Interactive Inc. All Rights Reserved. Witness Susan Thompson looked out her dining room window when she heard the sirens. Be Nice. Liko Kenney fatally shot Police Cpl. Bruce McKay on May 11, 2007, after McKay pulled over his car and pepper-sprayed him. The statements constitute a threat of second-degree assault. Christie reminded the court that Boisvert, in her testimony to Johnston, never stated that she was afraid of the elder Floyd during the encounter.
The Supreme Court made clear in Graham that “[a]n officer's evil intentions will not make a Fourth Amendment violation out of an objectively reasonable use of force.” 490 U.S. at 397. The latest business news from the Northeast Kingdom, North Country and beyond. "It's a tragic situation — two men lost and two families devastated," said Steve Heath, owner of the Franconia Village Store. Authorities quickly ruled the killing justified. In an interview with Sgt. Court rejects lawsuit from father of Liko Kenney, Man says officer violated son's rights before shooting. Much of plaintiff's evidence is an immaterial attempt to show bad blood between Officer McKay and Kenney, in support of an argument that the initial stop was motivated by McKay's bad faith. A passing motorist trying to protect McKay picked up the gun and killed the driver moments later, but that shooting was not captured on tape. Each affidavit was replete with hearsay statements that others had purportedly made to affiants. See United States v. Taveras, 380 F.3d 532, 537 (1st Cir.2004) (noting that permissible delay may be “a few hours” in “extreme circumstances”); see also United States v. Shoup, 476 F.3d 38, 42 (1st Cir.2007) (citing Taveras, 380 F.3d at 537) (same).
On Jan. 8, Floyd voluntarily went to the Littleton Police Department for further questioning. He was arrested and released after posting $1,000 bail. Kenney shot Officer McKay four times and ran over him twice with his car. Investigators say Floyd grabbed McKay's gun and ordered Kenney to drop his weapon.
The Caledonian-Record reported that Kenney, who now lives mostly in Hawaii, could not be reached for comment. I've never seen Liko really scared like that before," Macaulay said in a police interview. Partly cloudy early with increasing clouds overnight. "All of the actions by Corporal McKay constituted a reasonable use of nondeadly physical force by a law enforcement officer," the report said. Notifications from this discussion will be disabled. Threats of harming another The Rule 59(e) motion was too little and too late. Courts assess the reasonableness of a particular use of force “from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight,” and must account “for the fact that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that is necessary in a particular situation.” Graham v. Connor, 490 U.S. 386, 396–97, 109 S.Ct. The driver appears to be talking to the officer. The killings — McKay by Kenney, and Kenney by Gregory W. Floyd — have been described by some in town as vigilante justice. Macaulay said Kenney was not speeding, but the officer turned around and came up behind them with his lights and siren on. person will not be tolerated. She called the killings "vigilante justice.". Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on purchases made through our links to retailer sites. Kenney had been detained by Officer McKay once before on January 26, 2003.2 Plaintiff alleges that as a result of hard feelings after this 2003 incident, Kenney asked Officer McKay to call another police officer to the scene of the May 2007 stop. Macaulay said he did not hear Floyd speak before shooting. On that day, Boisvert applied for and received a restraining order against Floyd. Local and national elections & political news, delivered to your inbox.
59(e) motion. Be Proactive. Gregory Floyd becomes enraged outside the Littleton District Court courtroom Tuesday. GOP Sen. Rick Scott: We haven't beaten coronavirus, DeWine: 'I think the President wins Ohio', 'Baffling': Lemon wonders how 'awful' comment helps Trump, Maine extends deadline for scallop license lottery, Conn. jury trials still on hold as coronavirus rates rise, Authorities seek new leads in 20-year-old homicide, Man charged with striking, killing nurse appears in court, Strip club reaches $1.9M settlement with models, actresses, Maine Warden Service searches for missing capsized kayaker, Rhode Islanders paying less at the pump for gasoline, Police investigate weekend shooting in Pawtucket, No bars opening in Maine due to virus surge, Pharmacy robbery suspect shot, killed by pursuing police, High school changes reopening plans after student party, Giants getting closer, can't overcome mistakes, non call, Brady's 2 TD passes, Succop's 4 field goals lift Buccaneers. The federal court complaint asserted that Officer McKay violated Kenney's Fourth Amendment rights by seizing him without probable cause and by employing excessive force during the second stop. Liko Kenney fatally shot Police Cpl. A few flurries or snow showers possible. Bruce McKay, went into a rage in She said Boisvert called her husband "a murderer" (in reference to last year's shooting of Liko Kenney) and "kept putting her hand under her sweater" as if she (Boisvert) had a gun. Independently, Caleb Macaulay's inadmissible statements were also immaterial to whether Officer McKay's use of force during the second stop was unlawful. Mainly cloudy. McKay was a 12-year veteran of the Franconia Police Department.The state attorney general's office says the incident began Friday night when McKay attempted to pull over Liko Kenney on Route 116. For his part, relatives and friends said Kenney lived in fear of McKay. The state attorney general's office says the incident began Friday night when McKay attempted to pull over Liko Kenney on Route 116. Live Updates: Trump holds last 2020 MAGA rally; Biden sweeps tiny N.H. town, How Trump used COVID-19 to shut U.S. borders to migrant minors, Judge rejects attempt to block 127,000 drive-thru votes in Texas, Gunmen open fire in Vienna, killing 1 and wounding 15, Florida voters may boost minimum wage boost to $15 an hour, On election eve, U.S. Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995). One man, Timothy Stephenson, sued McKay in 2005, alleging that he used his prosecutor's role to settle scores. Macaulay said Kenney drove away, but again was not speeding. It starts with the first of two traffic stops on Route 116. Copyright © 2020 CBS Interactive Inc. All rights reserved. Charles West of the New Hampshire State Police on the night of the shootings, Gregory Floyd Sr., 49, who was the passer-by who came upon the scene, took Cpl. Please try again. Authorities released it Monday, along with photographs and about 1,000 pages of transcribed statements from witnesses of the May 11 shootings. See, e.g., Dávila v. Corporación De Puerto Rico Para La Difusión Pública, 498 F.3d 9, 17 (1st Cir.2007); Garside v. Osco Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990). Kenney reaches out and points, as if asking McKay to back up.
Floyd's son, also named Gregory, said he and his father were driving home to Easton when they saw the police car and a car they had seen earlier outside a market. It lasts all of six or seven seconds — the driver reaching out as if to wave someone away, the police officer striding up, releasing a cloud of pepper spray through car's open window, and the driver reaching out again, this time firing a handgun.
Ann. Liko Kenney fatally shot Police Cpl. His image appears on posters, signs and keepsakes all over town. Keep it Clean. Error! Google Chrome, Officer McKay then used his car to push Kenney's vehicle off to the side of the road, successfully moving it into a driveway. Bruce McKay. Liko Kenney, described by friends as a free-spirited "hippie kid," had a history of bad blood with police Cpl.
The order upholds a decision by a New Hampshire federal judge to dismiss the lawsuit, citing a lack of evidence.
On November 15, 2011, defendants moved for summary judgment, arguing that the undisputed material facts established that no deprivation of Kenney's constitutional rights had occurred.
Two minutes later the coupe pulls away, followed quickly by McKay's police sport utility vehicle. We affirm.
Caleb Macaulay's statements in the Nickels affidavit, even if they were presented in an admissible form, would not alter our analysis. Bill Kenney, 56, said the run-in changed Liko, and that his nephew started carrying a weapon because he feared McKay. McKay was a 12-year veteran of the Franconia Police Department. Rather, they were affidavits from (1) Tom Nickels, a private investigator hired by the Kenney family; (2) Bradford Whipple, a retired police officer who had worked with Officer McKay; and (3) Christopher King, a journalist who covered New Hampshire civil rights cases. On Wednesday, May 16, Bruce McKay’s flag-draped casket lay in state in Franconia’s grand town hall.
Officer McKay was not required to give up the chase after Kenney fled, see Scott v. Harris, 550 U.S. 372, 385, 127 S.Ct. It wasn't immediately known if he planned to petition it to review the appeals court decision. See Haley, 657 F.3d at 51 (municipal liability); Seekamp, 109 F.3d at 808 (supervisory liability).
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