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Bush Pistol Whipped Says Expert

By 250 News

Thursday, July 05, 2007 12:59 PM

    

Blood spatter expert Joe Slemko, says he is 100% confident, that 22 year old Ian Bush was on the bottom and Constable Paul Koester was on the top when Bush was shot in the back of the head.

Reconstructing the blood spatter evidence, Slemko told the Coroner’s inquest into the shooting death of Ian Bush, that it would be impossible for Bush to have been on top of Koester at the time of the shooting.  He says there were blood spatters at the bottom of the couch, not at the top, where they should have been if Bush was the one on top.  Furthermore, he says there is no evidence of Koester crawling out from underneath after Bush had been shot.

“There was lots of blood, there should have been a smear, there was none.  It is my belief that in the pictures produced showing where Bush’s body was lying on the couch,  that is exactly where he was shot, not as Koester alleges.”

He also said, it is his opinion from the analysis of blood spatters on the back of Ian’s head, that Bush had been pistol whipped with the slide action of the handgun.   

He further concluded that it would be impossible for the bullet to enter Bush’s head in the manner it did if, as Constable Koester testified, Bush’s head was off to one side.  Slemko says the bullet entered at a 90 degree angle, which is not consistent with Constable Koester’s testimony.

Constable Paul Koester had testified  Bush was on top of him  and had  him in choke hold  from behind .  He testified he  pulled his gun  and hit Bush on the head three times  before fatally shooting  the young man.


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At worst, Ian Bush faced a $50 Provincial Offences fine. There is neither forensic evidence nor a discernible motivational framework to inculpate him in choking an armed cop.

However, injurious COP-RAGE is real. See Judge James Kolts report into excessive force in the Los Angeles Sherrif's Dept. Read the following:

"What set of attitudes and assumptions led the deputies into Ramona Gardens and caused them to prowl around looking for the car they had lost? What impelled one of them to get out of the car to confront the group against the wall? Who taught them. or failed to teach them. about tactics. strategy, good sense and keeping things in proportion? In hindsight, the conduct was reckless and senseless.

Why did the deputies have to pursue the car outside of their own territory? Both deputies conceded that they had no reason to believe the Monte Carlo was stolen or otherwise connected to criminal conduct. Why didn't they call the LAPD to pick up the pursuit? What did they think was afoot that justified continuing the bunt? Why after they lost the car did they stay in Ramona Gardens? Why did one deputy get out of the car? Was he powerless to stop himself from taking the fatal step of confronting the group, which was not connected to the lost car, or even clearly connected to the bottle that was thrown? What was the deputy trying to prove?

The answer, we speculate, is that this incident is the result of the deputy's compulsion to prove that be could not be "fronted off" or caused to lose face, or to permit any test of his ability to impose control. When he left the car to approach the group. there was insufficient reason to risk a confrontation. At worst. two deputies had lost a car they wanted to stop and a bottle had been thrown at their patrol car. We speculate that the frustration of losing the car, combined
with the taunt from the bottle (which was probably witnessed or even possibly thrown by the group against the wall), was so intolerable that the deputy felt compelled to humiliate someone to dispel the personal affront that the deputy read into the events.

This is not a story of a bungled arrest. It is a story of deficient training and flawed judgment, and a deputy who was not suited for a GET assignment. This is not an atlitude limited to Lynwood or GET. It is the same altitude that caused another deputy to fly into a rage and crush the testicle of a man who had the temerity to call the deputy "fat" and suggest lhat he "get a real job," an incident that we discuss in the Litigation chapter of the Report. It is the same attitude that caused a sergeant to order deputies to spray Mace on an inmate who had the audacity not to face the sergeant when spoken to. As a highly placed LASD officer said. "Anger, not fear. is the number ane cause of excessive force. It is rage at defiance of authority."

This is the worst aspect of police culture. where the worst crime of all is "contempt of cop": the deputy cannot let pass the slightest challenge or failure to immediately comply. It is here that excessive force starts and needs to be stopped."
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BC policing is a organized crime family. Protective service is worse than useless. We get jeopardy for our bucks.
COP-RAGE doesn't manifest in Canada? See following pages of a Royal Commission study into the crippling of Malcolm Jacobsen by Vancouver animals in police uniform:

41

Chapter 4

CONCLUSIONS

4-1 Conclusions of Fact

Based on the evidence presented at this Inquiry, we have me to the following conclusions:

4-1-1
Mr. Jacobsen was arrested for his own safety due to his state of intoxication. He was taken to the Jail rather than the Detoxification Center even though the Center was at approximately eighty percent of its capacity that particular morning.

4-1-2
An attempt at deception by Mr. Jacobsen as to his identity at the booking counter of the Jail precipitated an assault on him by one or more officers present at the time, directly resulting in Mr. Jacobsen's broken kneecap.

4-1-3
There was collusion during the assault on the part of one officer who purposely blocked the view of the independent witness in the holding cell, Mr. Rice. This officer moved back and forth in the immediate tront of the cell so that Mr. Rice could

42

not properly see what was happening and therefore could not properly identify the perpetrators of this assault.

4-1-4
At the time of the assault on Mr. Jacobsen, three of the seven officers on duty were present, being Corporal Nixon, Police Guard O'Hara and Constable Apostoliuk. A fourth officer, Constable Kirkbride, was either present during the assault or so shortly thereafter that he knew of it.

4-1-5
Neither Sergeant Cox, nor Constable Robinson, nor Police Guard Wintrip were at the scene at the time of Mr. Jacobsen's assault and are not implicated in it.

4-2 Comments on Conclusions of Fact

4-2-1
In reaching our conclusions of fact, credibility was the key issue for the Commission. We were struck by the fact that for those officers at the scene there was very little recall. The responses "I don't'remember" "I can't recall", "It has been a long time", were put forth with persistence.
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Twenty years after losing control of Vancouver's city lockup to the Solicitor General, VPD re-took control of the lockup last fall, so that they could intimidate suspects. Former SG, Rich Coleman, returned the jail to VPD slugs. Rich Coleman is a retired cop.
In my opinion, this expert analysis carries given greater weight because of the intense efforts of Koester's lawyer to stop it being given. If it were of no importance he would just have made a few protests anmd let it pass. Instead he objects to the utmost possible in an attempt to stop the expert being heard. I believe the expert.

If this is not reason enough for a more thorough investigation of Koester by an independent group of some kind, then what kind of justice system do we have in Canada? All of this evidence, and the other stuff refused by the coroner, should be heard in an open court. What alternative is there?
"carries given", so much for editing. it should be "carries greater weight".
I too believe the expert ammonra, even though I started out thinking I would wait until the inquest was over and the coroner had made his decision before I formed an opinion.
Unfortunately,with all that has come to light from testimony given so far,it is almost impossible to do that anymore.
I spent the morning reading up on blood spatter evidence and it is in fact considered to be very accurate.
As well,Constable Slemko is considered to be an expert in the field beyond question.
He has no reason to lie.
Koester's lawyer has done his case serious harm by fighting so hard to have Slemko's testimony denied.
What was he so afriad of?
I can't help but wonder what basis would be used for not recognizing Slemko's analysis.
And what was the RCMP's analysis of the blood spatters?
If there was one done,how different was it?
If the RCMP did not do a blood spatter analysis,why not?
It is too late to go back on what has been discovered so far,and I can't help but think that there were those who thought this inquest would go in a different direction.
Or perhaps hoped it would.
The ONLY conclusion I can come to at this stage is that somebody is lying.
Something went horribly wrong in that room,and somebody has tried to cover it up.Perhaps even more than just one person.
In any event,this will not end here.
It can't.
Someone will in fact have to answer for this and if that is NOT the outcome,then we are ALL in very serious trouble!
'Truth': give me a break. Saying that "BC Policing is a organized crime family" (poor grammar, by the way), completely wipes out your credibility. To have a public enquiry into this and other shady cases is good. To admit that there are some poorly trained and even a very small percentage of 'bad cops' is probably a very fair statement. But to make such a sweeping vast statement is incredibly cynical and immature, in my opinion. How could you even say that? What is your personal axe to grind? Nobody in their right mind would truly believe that all cops are bad or part of a "crime family". Do you also think that all judges are crooked, all firemen are bad, all lawyers are evil, and any and all other professionals are bad too? If you do, then perhaps this is the wrong planet and the wrong human race for you to belong to. I'd hate to have your attitude...I assume you are leading an angry and sad life. For goodness sakes, put this into perspective. What happened was wrong (probably....no-one will ever really know with no video or witnesses), and let's hope that some sort of justice will prevail. That's a far cry from "everyone with a police uniform is evil" or whatever your beleifs are.
I've asked the "Truth" to provide some answers on his previous posts. Nothing but an insult in reply. I'm willing to bet that I'll never get a rational answer, just more links to the Greek police.
Truth makes a valid point, but with crude analogies. Most likely he was or knew someone who was a victim of police brutality. I can relate to what he is trying to say about cop-rage. I've experienced it and it is akin to being raped IMO. Or as close as a guy can get to that kind of thing. The RCMP do have a boys club of covering up these kinds of things and their process for complaints is a complete joke.

We need recommendations to put a stop to this and ensure the rule of law is enforced for everyone. I'm not sure how this can be done to make everyone happy, but it needs to be done.

All it takes is being in the wrong spot at the wrong time with the wrong look or saying the wrong thing and suddenly your 'Charter of Rights' means nothing. No crimes need be committed, it can be as simple as driving 10k over the speed limit and crossing paths with a roid raging cop....
If a cop pulls you over and the first thing he says is 'take the keys out of the ignition and throw them on the ground beside the car'. Trust me and don't so much as give him a funny look, its safer to accept the insult. There is no law in this country that will protect you.
I have 100% confidence in Joe Slemko. Period.
Just curious as to why the evidence of the RCMP blood spatter expert was not reported in detail on this news site? What are his qualifications? I'm sure that he has probably attended many of the courses that Slemko has listed on his website. His version is different than that of Slemkos. Does that make it the wrong version? Why are only the so-called controversial parts of the inquest mentioned on this website?
I have 110% confidence in Joe Slemko. I wish he could look at Kevin's case next. Stay safe Joe and wish you the best always. I really was blown away by him today at inquest. Good constable, true man, excellent expert. He's what every officer out there should hope to be. Joe + Slemko = Truth
Troll
The testimony of Sergeant Hignell was reported on this site when it was given in May. Perhaps it didn't seem as sensational because a) Lawyer Howard Rubin didn't try to discredit the witness, and b) the Coroner was not compelled to warn the Lawyer to be respectful of the witness which is what happened today when lawyer David Butcher tried to discredit Joe Slemko.
I direct you to the previous story:
http://www.opinion250.com/blog/view/5938/14/rcmp+officer+who+shot++ian+bush+to+testify?id=&st=30
Please let me know if I can be of any further assistance.

-Elaine Macdonald
Much appreciated. Thank you.
I wish everyone could've been at the inquest to watch Mr. Slemko on the stand...watching his eyes as he spoke was chilling.....like looking through clear glass at truth and all that's real. The truth makes sense. The RCMP lawyer kept badgering Mr. Slemko if he didnt give him an answer that he wanted to hear. Mr. Slemko was asked to draw on a diagram for the RCMP lawyer but Mr. Slemko said it wouldn't be proper practice as the photos werent taken properly at the crime scene so all would be distorted. They found a better photo and Mr. Slemko did his best with how he felt the position of Mr. Bush's head could be on couch. That wasn't the only badgering he received from this lawyer. I bet he was hoping Mr. Slemko would be one that got fooled easily....but no chance. This guy knows what he's talking about i'd swear my life on it.
Just wondering what you thought about the RCMP blood spatter expert, Sgt.Hignell? Why didn't Rubin attack his credentials? Why did Slemko state that he thought of Hignell's findings as "Reasonable"? Just trying to consider everything here.
Well troll I can't speak for Rubin but my guess would be that he has more respect or maybe his underwear isn't as tight...who knows. :) I wasn't there in Houston for Sgt. Hignell so let me google his name and get back to you on that one. Well Butcher asked Slemko something along the lines of him agreeing with what Hignell had found to be true. Slemko said no. Butcher kept at it in different directions trying to get Slemko to agree with their findings. Slemko explained why he didnt totally agree. Butcher raised his voice quite loud at Slemko wondering why he wouldn't agree with them. The directions of the blood droplets, the position from the exit wound on Ian's forehead lined up perfectly to the droplets of blood on the back of couch, wall and the pool of blood on the seat cushion showing Ian had to be on the bottom not Koester. If Koester was under Ian like Koester had said the blood pattern would have to be different. You'd have to see the diagram troll. Also another point made was there was no smear of blood from Ian anywhere to show anybody was under him. If Koester was under Ian he'd have to move his body off of his in order to escape being trapped any longer underneath his dead body. plus if Ian's head was over Koester the blood from the exit wound (forehead) would have bled onto Koester. No sign of that either. With his computer program, science and math Slemko found he could prove Koester wasn't underneath of Bush. Plus, Slemko did many different positions (with his students I believe) and found it to be physically impossible to do what Koester said had happened. I didn't take any notes i'm going by memory here and I was pretty tired...up at 4:30am that morn. then the drive so maybe Ben or anyone else on here that was at inquest wouldn't mind helping me out :) Off to read about Sgt. Hignell now that you got me thinking of him.