A FEW DRINKS THAT GOT A MAN SHOT DEAD

Nobody ever invented a polite word for a killing yet.
Thelma Ritter

James Russel Moore SR.
Picture provided by WRAL: http://www.wral.com/news/local/story/11274139/

"May God embrace JAMES RUSSELL MOORE SR. in his Angels wings, and give him Peace, Joy and Love, for all eternity as he soars through the clouds of heaven.

By Charles Harvey, MSW. Tuesday, July 3, 2012 11:38 PM

Warning! this blog contains 4268 words.

That is far less than 1,147,271 Words of Obama care Regulations published so Far. I'm sure that all that are against the bill has read it word for word, and did not make a decision based on hearsay, or the noise made by the heard of elephants chasing the donkeys.

But God also have compassion for Highway Patrol says trooper Matt Pitman. When I saw his young face of the trooper, I find it hard to believe that he wanted to kill anyone; and I believe that Mr. Moore will be on his mind and in his heart for the rest of his life.

 We say we are a nation under God, look around you, does it seem we are living as true Christians? One of the most dominates commands of Christians is to forgive. However, the trooper is already guilty before many in the public eye, and one of the main reasons the public is upset is the first press release by First Sgt. Jeff Gordon, N.C. State Highway Patrol, that had very little transparency of many details that could have been shared, however, transparency at all levels of governments and their agencies, it is no wonder the public become suspicious.

No person I know has every expressed the need for more transparency better than the Managing Editor Stephen Hemelt, of the Daily Herald, Roanoke Rapids, NC. Here is a part of his column, published Thursday July, 5, 2012.  The Final Cut- "Transparency needed in wake of shooting death," to read the entire column, go to:  http://www.rrdailyherald.com/opinion/columns/the-final-cut-transparency-needed-in-wake-of-shooting-death/article_c9f280e2-c6b8-11e1-98cf-001a4bcf887a.html


"When a community member loses his or her life at the hands of a law enforcement officer, the public’s reaction is naturally heightened. In the aftermath of such a tragedy, no matter who is ultimately deemed at fault, the case should be conducted as openly as possible.

When dealing with the public’s trust concerning their relationship with those who work diligently to protect and serve and those whom they actually protect and serve, transparency needs to take priority.

Choosing not to speak, failing to offer statements of fact and staying behind the safety of “no comment” in the midst of difficult questions fosters an environment where rumor and outright lies run free.

Following the death of Moore, an open investigation with reasonable public update will serve the trooper, the victim’s family and the greater Roanoke Valley better than any other approach"

Managing Editor Stephen Hemelt can be reached at 252-537-2505 ext. 233."


I interviewed several people born and raised in the South seeking their opinions on the shooting.
All had the same opinion that it was dump for Mr. Moore to reach in his pocket, and the officer had the right to kill him. Remember, our society is falling to the lowest levels in America's history, and that includes little value for a human life.

North Carolina Law.
14‑51.3. Use of force in defense of person; relief from criminal or civil liability.

(a) A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.

(2) Under the circumstances permitted pursuant to G.S. 14‑51.2.

(b) A person who uses force as permitted by this section is justified in using such force and is immune from civil or criminal liability for the use of such force, unless the person against whom force was used is a law enforcement officer or bail bondsman who was lawfully acting in the performance of his or her official duties and the officer or bail bondsman identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer or bail bondsman in the lawful performance of his or her official duties. (2011‑268, s. 1.)

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-51.3.html

I'm sure the trooper does regret taking a life in the line of duty. He did the best he thought he could do and acted in accordance with his abilities, and  judgment of the situation.

But there are two professions that are not allowed to make mistakes. They are a doctor and law enforcement. They must be perfect. Then, we wonder why an officer of the law or doctors can't say they made a mistake.
Also, the public seems to forget that Law Enforcement officer have a life before and after work. They are told to leave their problems at home. Oh, OK! Let me turn off my human emotional switch. And, when law enforcement officer have anger or emotional problems they have to bite the bullet and be macho and not talk to professional Clinicians in mental health..

Since I just past my seventy first July Fourth, and I am reminded I have freedom of speech and expressing my thoughts. So, if you feel like reading words, have at it.

I want to talk about the death of a man that was alleged to have  had too many drinks to drive properly,

I want to assure the readers I have the greatest respect for State Trooper's, and I'm in no way saying he is guilty of intentional killing Mr. Moore. There has been more state troopers killed than they have killed. They have very high standards. With that said, a full investigation should be conducted to determine if negligence was involved on the troopers part.

Regarding the killing of Mr. James Russell Moore, a 64 year old Caucasian, who was a resident of Roanoke Rapids, in Halifax County, North Carolina?

This is my response to the first press release by First Sgt. Jeff Gordon, N.C. State Highway Patrol, and does not include any comments on later information via the media or the Public Relations Department for N.C. State Highway Patrol. However, I did get a confirmation that the Mr. Moore was Caucasian, when I was told he was not Afro-American, I responded: "Thank God, if it had been an Afro-American there would a major movement to accuse N.C. State Highway Patrol of racism.
To learn more go The Daily Herald from First Sgt. Jeff Gordon, N.C. State Highway Patrol, is available in The Daily Herald's Sunday Addition, July 1, 2012 "Local Man Killed by trooper"
http://www.rrdailyherald.com/

"It was stated that Mr. Moore was pulled over by a North Carolina Trooper on suspicion of impaired driving around 10:30 PM on Friday June 29, 2012. The trooper after a brief conversation determined Mr. Moore had a strong order alcohol coming from Mr. Moore. The trooper determined he had concealed weapons on him. The trooper ordered him to lie prone on the ground, and do not make any movement toward the weapon and the trooper made multiple commands to comply. (To a person alleged to be under the influence of alcohol, meaning Mr. Moore's thinking would be impaired.

There were three witnesses to the incident: The Trooper, Mr. Moore and of course God and only one person are talking.
 Most likely this trooper did not have a mounted camera on his dash, (because of cost) or if he did have one, it may have not been turned on in my own opinion. A family member said: "that Mr. Moore was the best man that he has ever known."

Before I express my opinions, and share questions and concerns I have in regards to this traffic stop, I want to share some of my background and share knowledge I do have relating to a shooting by a  law enforcement officer of a citizen. My years working in the field of substance abuse. Also, my knowledge of  the biological, mental state and behavior of a person under the influence of alcohol. Alcohol,and  alcoholism is not a field of expertise of  Law Enforcement and the Media.

I was told not to write this blog about the incident, that it will stir up trouple for me and others.
But a man has to do what he believes in. I'm just a person that cares about Truth, Justice, and the Old America way.
So I stick my nose where many people do not want it. What surprises me having just moved to a Southern State for the second time that I have to forget two things: the first is Southern Hospitality, and the second is: I may be in the Bible belt, but that does not mean I will be treated in a Christian way.
 I have been a pain to the wrong people in fighting what I believe to be a  good cause both in Michigan and North Carolina, and for that I give no apologies. I have paid a heavy price for messing in areas of dishonesty and abuse of powers by those people in government that are supposed to be trusted servants to and for the people of the United States on all levels. And, doing so has cost me dearly, but if I had to do it all over again, I would do it the same only better.

Everyone has a right to opinion; I offer my opinions on the killing of Mr. James Russell Moore, from

My  knowledge based on training, education, and experience in some areas related to this incident:

Harvey's Education.
Master's Degree Wayne State University.
Advanced Standing. (also offered Advance Standing at University of Michigan.)
Standing. 3.5-4.0 G.P.A.

Bachelors of Science University of Detroit.
Cum Laude 3.5-4.0 GPA.

Associate of Arts Oakland Community College.
Cum Laude 3.5-4.0 GPA.

PROFESSIONAL CAREER AS IT RELATES TO THIS INCIDENT.

Mental Heath - Clinical Therapist.
Held certified clinical social worker both in North Carolina and Michigan.
Private Practice/Director of Programs-Non Profit/ Crisis Intervention.
Private Investigation - Michigan
Licensed Private Investigator Associate- North Carolina. Concealed Weapons Permit expired 2000
Florida-Concealed Weapons Permit expired 2010
Qualified Concealed Weapons Training. "Dec. 2011 NC. (will file July 2012)
Police Reserve. Expert marksman.
Military, Expert marksman
US Navy-Honorable
• I have been trained both as a police officer and investigator on use of firearms and when to use lethal force with the intent to kill. I also was train on how to make arrest of person with a deadly weapon.
• Licensed clinical therapist and director of Substance abuse treatment.
• Former member of many professional organizations in the field of substance abuse/alcoholism.
• Public speaker on alcoholism.
• Wrote many articles on alcoholism.
• Was called by Michigan courts as an expert witness in the effects of alcoholism, alcohol, and the behavioral of both physical and psychological effect it has on a humans under the influence of alcohol.
• A recovering alcoholic with Thirty Three years of sobriety as of Feb. 22, 2012.
• Trained in crisis intervention.
Trained in behavior science in relation to Verbal-body language-facial expressions for use in profiling a person, face-to-face, on visual recording, and Audio recording.
If I was drinking I would be bragging about all my experiences I have listed, however, being sober and I cannot afford to let my ego run wild, as it did in my drinking days, I offer the above only as how I may have an understanding of what events occurred at or around 10:30 PM on Friday June 29, 2012.

First and foremost, the trooper has justifiable cause and the right to shoot at any person pointing a gun or coming at him with a dangerous weapon. That will be hard to prove since the trooper is the only person that is alive to testify. No I was not there, nor are those that stated the trooper was right.
However, The State Bureau of Investigation will ask the same questions that I have asked, and many more. The lack of transparency in this case worries me because history has proven that if the information released to the public from government agencies, and law enforcement is so secretive and the total truth is not shared with the public; and it could be swept under the rug, and justices is not served and the public will lose trust in those that are not honest in their investigations.
The general public have favorable list and unfavorable list of various professions. IE
The negative list of those the general public mistrust the most. Top of the list varies, however, this list seems to be very current.
1. Politicians on all levels from the White House down to the smallest county government in the US.
2. Automobile salespersons.
3. Lawyers.
4. The "Big Six" Media Corporations. They have more power, and use it to make sure the "upper class" and the "One Perecent" are in power and thrive.
5. Press release Professionals. Those that write statements, and speak in public. They tell very little, and have a vested interest in making sure who they represent looks good in the eyes of the public. They have mastered the art of knowing what questions not to answer and what not to say.
6. Board of Directors of Public Education.
7. Private Security, Nick named "Rent a cop," and are though of as people that wanted to be real police officers, but could not qualify.
8. Private investigators.
The public also has opinions on who is the best Law enforcement agencies are, and the ones they trust the most.
1. FBI
2. State Troopers and HP,
3. Forest Rangers.
4. Sheriff
5. Game Warden.
Large city police.
5. Small town police.
6. DEA.
7. Bureau of Alcohol, Tobacco, Firearms and Explosives
8. Border Patrol.
The views expressed are Charles Harvey's opinions.: http://charliebigfeet.blogspot.com/

However, it is very possible to prove negligent homicide if that had occurred based on the trooper actions.

Negligent homicide is the killing of another person through gross negligence or without malice. It often includes death that is the result of the negligent operation of a motor vehicle, which includes the operation of a boat or snowmobile. It is characterized as a death caused by death by conduct that grossly deviated from ordinary care. Negligent homicide may be charged as a lesser-included offense of manslaughter. It is also sometimes referred to as "involuntary manslaughter". State laws vary, so local law should be consulted for specific requirements.
The following is an example of a state statute dealing with negligent homicide:
"(a) (1) A person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft:
(A) While intoxicated; or
(B) If at that time there is an alcohol concentration of eight-hundredths (0.08) or more in the person's breath or blood as determined by a chemical test of the person's blood, urine, breath, or other bodily substance.
(2) A person who violates subdivision (a) (1) of this section is guilty of a Class C felony.
(b) (1) A person who commits negligent homicide if he or she negligently causes the death of another person. A person who violates subdivision (b) (1) of this section is guilty of a Class A misdemeanor." http://definitions.uslegal.com/n/negligent-homicide/

Questions: When and where was the victim when the trooper knew he had a weapon, did he call for back up?
If the trooper knew he had a gun and the victim was in the car why would he have let him get out of the car?
If the gun was in the car and the trooper knew it by sight or the victim is telling him that he had a gun, and maybe had a concealed weapons permit.
If the victim and gun was in the car, and the window down, the trooper could command the victim to put both hands on the steering wheel. If the victim complied and put both hands on the wheel I would have as I have done in that situation, cuffed the suspect right hand first and under the steering wheel cuffing his left.
Why would I cuff the right hand first?
Most important it puts my right arm between the suspect body and both arms preventing access to the weapon on his person or in the car.
Secondly less that 11% of Americans are left handed and lest than 20% of the world population is left handed, and around 3%ambidextrous. But, remember your right arm is extended between both hands and arms as the person's body, leaving your left hand for defense via fist, grip or hitting or holding, also, the use of other nonlethal weapons such as mace, black powder or a stun gun.
If the suspect refuses to put his hands on the steering wheel and start to reach in the car or on his person, then the troop would point the gun at the suspect and tell him to not reach for anything and he does, then the trooper can fire if he in fact he saw the gun and felt his life was in danger and the suspect was reaching for a weapon. Options: Move along the left hand side of the vehicle, keeping a visual and gun pointing at the suspect as the trooper moves behind the suspect out of their line of sight. If the trooper sees an object in his hand that appears to be a weapon, then if the suspect refuses to comply to the trooper command to halt and do not move, then the trooper can fire to kill, or wound. The law does not say you have to kill, it only says you have the right to defend yourself. But there is what I call macho-cowboy thinking, shoot to kill. If, the suspect was in the car, and appeared to be getting a weapon, then the trooper had a choice, to kill or not to kill that is the question. I like all law enforcement are trained to fire a gun and have to qualify on a firing range after training before graduating and must qualify every year.
"Most state requirements include firing rounds accurately from various distances, within established time limits. The standards are based on the police department's location and criminal element. Minimum standards may be enhanced if other job-related skills are necessary."
Read more: Standards for Police Handgun Qualification Courses | eHow.com http://www.ehow.com/facts_7621270_standards-police-handgun-qualification-courses.html#ixzz1zgmpLfBQ
It is important to remember that most shooting occur within a distance of seven feet. I believe that this was the distance the trooper was in before shooting the suspect. Also, training that includes obstacle course, rooms and various criminal scenarios. I was trained in all mention sand took 2ND place in a police combat competition. Yes, now I'm bragging.I have not fired my revolver in over 5 years, However, to me it's like riding a bicycle, you never forget when you have been taught well and learned. this is my target silhouette from Dec. 2010.

Your required to fire 50 rounds from 7' feet and 25' feet. You have to put 27/50 round in the center of the mass. You follow commands as to when and how many times to fire and reload. Yes, I played around a little, so I shot the hand with the gun in it. also the famous between the eyes you see in movies. My score was 50/50. If I was in a shootout with several bad guys my score would drop to maybe 10/50. {{{{{STRESS}}}}

I remember in 1984 entering a policeman’s combat shooting competition. This is just like you saw in the "Dirty Harry" movie with Clint Eastwood. You had target representing the good and the bad people. You were scored on accuracy and if you completed each course in the allotted time. We also had to follow commands suck as: 2 rounds per target. So you need to know how to count how many you fired so you know when to reload and you did not exceed the number of bullets fired. You lost more points for killing an innocent person. if it is a child or another officer that was a big negative score. There was a lieutenant that had won the previous 5 competitions. It was close between the lieutenant and me being the rookie. I lost based on that he had one more hit on a bad guy that required us to hit in the center of mass. I thought I had it because I saw my 2 holes in the target and only one in his. They told me that they could see where the lieutenant has shot a second bullet through the same hole as the first bullet.

Accuracy with a gun without stress is easy for the most part. Take a laser pen and point at something. See you hit it. Keep it simple. Under stress and fear it's a new ball game.


Like in a fight, the one that stays calm has a better chance, and throwing the first punch also gives you an advantage. But, even under stress as the trooper was if all the facts checked out, did not want to kill Moore. Note: I do know if the suspect I stopped did not have any felonies or outstanding warrants out for his arrest, and I had to stop him from reaching for his gun; I and other could and would have put two or three bullets in his shoulder of the arm that was reaching for what I believe to be a weapon and see it as it comes out of their pocket. That would stop the man without killing him. But, that would be my choice and my life to make that choice. The trooper made his choice. Remember, the law does not say you have to kill the person that is a possible threat to you. It says you have the right to defend yourself the best way you can.


A well-trained officer could do a double tap in one second hitting him in the shoulder would stop his reaching for a gun. Also, shooting him in the thigh would make him bend over grabbing his leg, or dropping him to the ground.  If the officer cannot hit the suspect in the shoulder or thigh with the ammo available in his clip or revolver, then they need to turn in their gun for a desk untill they improve the skills and shooting under stressful conditions.
If the officer does hit a main artery in the neck and shoulder area or thigh, then the officer can apply a pressure point to directly on the open wound until the medics arrived.
This is done after both guns are secured and the suspect is handcuffed.
Question: The trooper stated that the suspects gun was loaded, how would the trooper know that at 10:30 at night, did the man tell him?
Question: How many shots did he fire?
I really believe that telling a suspect you believe has a gun on them, telling them to lie down on the ground face down with their arms spread out in a prone position; will allow the suspects hands to pass close to his pockets,
Cuff him, search him, take the weapon and book him. Also, I cannot understand a much younger trooper that can move a lot faster than a 64 year old man that allegedly was drunk, could not have handle what looks like a 172 pound man before he allergically reached for a gun?
Looking at Mr. Moore's picture provided by WRAL: http://www.wral.com/news/local/story/11274139/ appears to show a man that did not pump iron at a gym three times a week.
What a surprise that a person allegedly mentally impaired by consuming alcohol did not do exactly like told, and made dump movements.
Dah, in fact if he was the good man as everyone said he was with no serious criminal history, you have to ask why Mr. Moore would point a gun at a trooper for a traffic stop.
He would have spent very little jail time if any depending on his driving record, for driving impaired under the influence. If Mr. Moore shooting a State trooper could get him life, and killing the state trooper could get him the death penalty, North Carolina has executed a total of 40 people since 1976.
Remember that the first report did not say where the gun was.
In my opinion, it's most probable to me that Mr. Moore was removing the gun to place or drop the gun on the ground.
It was alleged that he had been drinking, then his reasoning most likely was impaired by alcohol. If a person reaches for a hand gun they will grab it by the grip, unless it is lying on the passenger's seat on the right side of the driver, then the officer could command the driver to reach across his body with is left hand and pick the gun up by the front barrel of the gun at located at the gun sight.
Question: Did the trooper call in a 10-27 or a 10-28 or a 10-29, and most important a 10-32 (GUN) or a 10-78 (Need assistance.) Note, NCST may have call signs. I gave you the meaning of two, now you look up the others that are very basic when making a routine traffic stop on a vehicle.


Since my last names is Harvey, I shall say" And that is the rest of the story, good day!