SLO police chief has committed a crime and should be terminated

July 11, 2019

Kevin Rice

OPINION by KEVIN RICE

The San Luis Obispo City Manager’s attempt to write the “rest of the story,” seal it with a kiss, and close the book is a disingenuous sham. This criminal act is not cured with an apology and paid training class.

Police Chief Deanna Cantrell has committed  a crime and should be terminated immediately.

Penal Code 25100: …a person commits the crime of “criminal storage of a firearm in the second degree” if all of the following conditions are satisfied:

(1) The person keeps any loaded firearm within any premises that are under the person’s custody or control.

(2) The person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm.

(3) The child obtains access to the firearm and thereby causes injury, other than great bodily injury, to the child or any other person, or carries the firearm either to a public place or in violation of Section 417, or the person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law obtains access to the firearm and thereby causes injury, other than great bodily injury, to himself or herself or any other person, or carries the firearm either to a public place or in violation of Section 417.

All of the above conditions have been met.

This crime becomes a felony if death or great bodily injury results.

The next Kate Steinle is now at risk. Only time will tell.


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MrYan

The penal code quoted relates to the “storage” of a weapon. Meaning what you do with a weapon when “not in use”. None of it applies here unless the Chief was trying to store it in the bathroom for later use. This code does not apply to a forgotten weapon—it is a about storage only—intent matters. I am sure standard negligence codes would apply, but not the code you are trying to apply here.


We don’t do anyone any good stretching the law in an over zealous attempt to to ensure “no one is above the law”. This by definition is a stretch.


The law is best applied when it is loose fitting shirt; guaranteeing to cover whatever it is applied to. Straining to pull on an ill fitting shirt leaves a lot to be desired; for the wearer and the observer. Your love handles are showing Kevin.


Arm chair lawyering doesn’t seem to be your thing. I’d stick to your day job.


SLOInd

100% agree. Rice has no credibility. Always extreme. Always angry. Always inaccurate. And always predictable. If there’s the slightest opportunity to offend, hurt, penalize or attack a liberal, a lesbian, a democrat, a progressive… he leads the charge. Regardless of the issue at hand. Cries wolf far too often. And although there’s a conservative slant to CCN, for the mos part there are adults in the room. Rice is not one of them. His comments on Facebook last week eroded to telling those with differing view points from his, to “shut up”.


smiley

I’m not an attorney but my read of that statute says she qualifies for an indictment for losing her weapon. She is not qualified for the job she has.

I get the feeling all you that are defending her are the snowflake types that would do away with guns but since this is a woman you are sticking up for her. That or you work for City of SLO. The only excuse for losing your weapon is when you are losing a firefight.


rjakelian

Does Kevin Rice have a beef with Cantrell?


Clearly this was a accident, ( but doesn’t excuse at all what happened), there was potential for extremely serious/fatal outcome.


Rice posts the conditions for Penal Code 25100. I dont understand why he says “All of the above conditions have been met.”,, perhaps he could explain his logic?


Cantrell’s apology ( and she had no choice ) was comprehensive in my opinion, making no excuses and conceding to disciplinary action, after doing a quick Google search on Rice I couldn’t find much positive about the guy, except some nice family photos on Facebook.


Cantrell definitively needs to be disciplined, whether that entails firing ??? She is super lucky some kids didn’t go into that restroom after her. That guy who found the gun, what was he thinking? Cameras are everywhere… if it had been a purse, phone, wallet do you think he would have turned them in?


rjakelian

The Kevin Rice on Facebook is not the same guy, my mistake….


SLOInd

The Kevin Rice on Facebook is the same person. the guy with the Alt right meme.


rjakelian

There’s Kevin P Rice and Kevin M Rice, are they the same?


Wildrnes

Kevin, great witch hunt piece. Glad you finally found an audience.


smiley

Cop leaves gun in the crapper, impermissible even if it’s a woman.


oldtimer

Why is Kevin’s public comment worthy of an opinion piece to reiterate the same thing?


nazbol gang

Seargent I lost my gun :DDD


sbjcl

If an ordinary citizen does this it is a crime. If a Chief of police does this its a mistake. She should be arrested. She should resign, if she doesn’t then she should be fired. If the city manager doesn’t fire her the council should fire him. Its high time these overpaid public servants be held accountable by the people they serve.


SLOInd

No surprise from this fanatic. Who would of expected anything else? Shocked he’s not demanding public flogging.


nazbol gang

I would be ok with that