Police officer suspended for defending himself off-duty during home invasion burglary

Officer Brian Mercury was enjoying a night off with his family when the unthinkable happened. A burglar entered his family’s home, so the off-duty officer confronted the criminal. When the criminal ran Mercury gave chase and eventually caught the crook. Now Officer Mercury is being disciplined for using excessive force and other breeches of department policy.

Crime Scene tape

Officer suspended for defending his family.

After putting the kids to bed the off duty officer opened a beer and sat down to watch a movie on TV with his wife. During the two hour run time of that movie Brian would consume a total of four beers.

Once the movie was over the couple went upstairs to go to bed. That was when the trouble started.

“I heard a noise coming from down stairs. At first I assumed it was just my imagination. But then my wife said she heard something. Peeking out the bedroom door I looked down to the main level. Sure enough there was a shadow, human form, moving around our family room. I grabbed my gun, tactical flashlight and told my wife to dial 911.”

The off duty officer then slowly made his way down the steps.

“I could see he had unhooked our video gaming system and stuffed it into a duffel bag. As I reached the bottom step he was grabbing our collection of video games and also blu-ray disks, placing them in the bag also. He had his back to me so I pointed my firearm at him and announced myself. I said I was a police officer and ordered him to put his hands in the air. He started to put his hands up then took off running, dashing out the already open patio door and through the yards.”

Investigation by evidence technicians found marks on the doorframe to the patio door. A pry bar was in the duffle bag that the suspect left behind as he ran off.

“I knew I had to chase after him or he would get away. I yelled to my wife he had run out the back and I was chasing him. Then out the door I went. The foot chase went across four different back yards. He was fast but I was gaining on him, luckily he hit a clothesline and went down. As I got right by him he stood up, so I dropped my shoulder and hit him as hard as I could full speed to tackle him.”

When tackling the suspect officer Mercury dropped his firearm, which disappeared under some busses close by.

“I did not know where my gun went. I was afraid he might get it. When he tried to get up and resist I knew I had to end the fight as fast as possible. I had my flashlight so I used it as like a sap. I hit him upside the head maybe three times, he got knocked out and the fight was over.”

Upon the arrival of on-duty officer there where many high fives. The Shift Supervisor told Officer Mercury he had don a good job protecting his family and making an arrest with limited resources.

Then a few hours later Officer Mercury was called by the police chief and ordered into the chief’s office. The chief informed Officer Mercury he was on a paid administrative leave pending a review of this incident. A week later Officer Mercury was back in the chief’s officer being formally suspended for ninety days. The letter of suspension outlines the following infractions…

#1 On the night in question you consumed alcohol and then pointed a department issues side arm at a suspect. Policy prohibit handling of department firearms when under the influence

#2 On the night in question while under the influence of alcohol you identified yourself as a police officer, engaged in a foot pursuit and attempted to effect an arrest. Policy prohibits officers taking any enforcement action when under the influence

#3 On the night in question you used a non sanctioned impact weapon as an impact weapon. Policy strictly prohibits the use of flashlights as an impact weapon. In addition policy states impacts to the head are only allowed in you are in immediate threat of death or great bodily harm.

The police chief was very guarded in his comments to CallTheCops.

“As soon as the suspect left his home, there was no danger to Officer Mercury or his family. He should have remained in his home on the phone with dispatch and allowed on-duty officers to handle the situation. But he gave chase, I think he wanted revenge and wanted to dish out a little street justice. The suspect has skull fractures. Lawyers are circling up looking to file a civil lawsuit for all his medical bills along with long-term pain and suffering. I am sure that dirt bag will find a way to say he is now long term disabled. My hands are tied on this. I see policy violations so I need to discipline.”

Police union officials say they have already filed paperwork for grievance.

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